Asda wins court battle over fruit and veg sold in UK supermarkets | UK | News
Supermarket giant Asda has won a landmark case that could affect the sale of fruit and vegetables in UK stores. The supermarket and its logistics subsidiary IPL have won a case over how plant breeders’ rights affect fruit and vegetables sold by UK retailers.
The High Court ruled that the retailer had not violated the rights of plant breeders in relation to the sale of Tang Gold tangerines in its stores, as Nador Cott Protection (NCP) claimed. The judge rejected the infringement claim on the grounds that the Tang Gold tangerine variety was “not a substantially derived variety” from NCP’s Nadorcott tangerine. Both are protected by UK plant breeders’ rights.
Graeme Morrison, Asda’s senior legal director, said: “Being able to offer our customers the products and ranges they love is why we defended this case vigorously and we are pleased to be able to continue to do so as a result of this decision.
“This is a landmark moment with implications for the wider industry in the UK and we are delighted with the outcome.”
The supermarket’s legal representative, Appleyard Lees IP LLP, showed that the tangerine fruit variety sold did not have the “essential characteristics” of the NCP variety.
Therefore, there was no breach of the Plant Varieties Act 1997. General store.
Chris Hoole, partner at Appleyard Lees, said: “This is a significant and eye-opening decision for the retail and grower market on many levels, particularly as we believe it is the first legal decision affecting plant varieties in the UK.
“In deciding against the NCP, the Court essentially provided clear guidance on the correct interpretation of derived varieties under UK legislation.
“Strongly defending the NCP’s claim, Asda and IPL have argued for consumer choice in the tangerine and potentially wider fruit and vegetable market.”
Suppliers have warned that the situation comes as fears grow that supermarket shelves could soon be bare as war in the Middle East increases food production costs.
Fruit and vegetable producers say they may have to stop production and end the season early due to rising energy prices and transportation costs after the war in Iran.
Lee Stiles, secretary of the Lea Valley Growers Association (LVGA), warned supermarket shelves could remain empty if nothing is done to support the industry.
