Supermarkets Investigated by Competition and Markets Authority - "Responsibly Farmed/Sourced" Green Claims Questioned!

The Competition and Marketing Authority is now investigating complaints filed against Aldi, ASDA, Lidl, M&S, Morrisons, Sainsbury's, Tesco & Waitrose for deceptive marketing that Scottish salmon is "responsibly farmed" & "responsibly sourced"https://t.co/FYNbjjKaBv @CMAgovUK pic.twitter.com/vxFrfXCmVj

— Don Staniford (@TheGAAIA) November 25, 2021

The Competition and Marketing Authority is now investigating complaints filed against supermarkets for deceptive marketing claiming Scottish salmon on sale in Aldi, ASDA, Lidl, M&S, Morrisons, Sainsbury's, Tesco and Waitrose is "responsibly farmed" and "responsibly sourced". The Competition and Markets Authority wrote to Scottish Salmon Watch this morning (25 November 2021):

From: General Enquiries <general.enquiries@cma.gov.uk>
Date: Thu, Nov 25, 2021 at 6:51 AM
Subject: [Official] CMA213680 - Response from Competition and Markets Authority
To: Don Staniford <salmonfarmingkills@gmail.com>

Our ref: CMA213680

Dear Mr Staniford

Thank you for your email

We are grateful for any information and often depend on this to help with our current or future work.

What happens next?

I have sent your correspondence to the investigation team which will review the information you have provided and consider it in relation to the work it is doing. However, we cannot normally comment on the investigation beyond what has been said in our public statements on our website. You can stay up to date with the case by visiting the case page at: https://www.gov.uk/cma-cases/misleading-environmental-claims.

What you have sent us will help us consider whether we should make more detailed enquiries. We will get in touch with you if we need more information, but as I am sure you will understand, we cannot engage in further correspondence with everyone who contacts us.

For further help

Thank you again for contacting us.

Yours Sincerely

Here's Scottish Salmon Watch's complaint filed on Friday (19 November 2021):

From: Don Staniford <salmonfarmingkills@gmail.com>;
Received: Fri Nov 19 2021 22:03:29 GMT+0000 (Greenwich Mean Time)
To: General Enquiries <general.enquiries@cma.gov.uk>; General Enquiries <general.enquiries@cma.gov.uk>; nationaltradingstandards@actso.org.uk;
Cc: davidb@asa.org.uk; celiah@asa.org.uk; enquiries@asa.org.uk; ts.enquiries@glasgow.gov.uk; tradingstandards@cheshire.gov.uk; tradingstandards@wirral.gov.uk;
Subject: Complaint Vs Supermarkets (Aldi, ASDA, Lidl, M&S, Morrisons, Sainsbury’s, Tesco & Waitrose) for deceptive marketing of ‘Responsibly Farmed’ & ‘Responsibly Sourced’ Scottish Salmon

Scottish Salmon Watch believes that supermarkets across the UK – namely Aldi, ASDA, Lidl, Marks & Spencer, Morrisons, Sainsbury’s, Tesco and Waitrose – are in breach of The Consumer Protection from Unfair Trading Regulations 2008 with respect to Regulation 5 (Misleading Actions) and Regulation 6 (Misleading Omissions).

Scottish Salmon Watch has consulted the Competition and Markets Authority’s ‘Green Claims Code’ (20 September 2021) and does not believe that supermarkets are being truthful or accurate to consumers in marketing Scottish salmon as “responsibly farmed” or “responsibly sourced”. Nor have supermarkets substantiated such claims.

Scottish Salmon Watch notes via the 'Green Claims Code' that the CMA and the Advertising Standards Authority (ASA) share certain functions and that is why we’ve copied the ASA into this complaint and have copied the CMA and Trading Standards into our complaint to the ASA. We note that enforcement action can be taken against supermarkets and that the ASA can take action against misleading advertisements too. Scottish Salmon Watch would consider taking legal action against supermarkets but asks that the CMA, Trading Standards and the ASA take enforcement action to stop misleading environmental claims of “responsibly farmed” and “responsibly sourced” Scottish salmon.

Please download a letter and hard evidence to substantiate and corroborate our complaint:

Complaint to the Competition & Markets Authority and Trading Standards Vs Supermarkets (Aldi, ASDA, Lidl, M&S, Morrisons, Sainsbury’s, Tesco & Waitrose) for deceptive marketing of ‘Responsibly Farmed’ & ‘Responsibly Sourced’ Scottish Salmon (19 November 2021)

Hard Evidence Submitted with CMA & Trading Standards Complaint (19 November 2021)

The offending Scottish salmon products – marketed and advertised as "responsibly farmed" and "responsibly sourced" – can be found via:

Mowi's "Responsibly Farmed" Scottish Salmon sold by Tesco & Sainsbury's – download high res image online here

Sainsbury's "Responsibly Sourced" and "Responsibly Farmed" Scottish salmon – download high res image online here

Tesco's "Responsibly Sourced" and "Responsibly Farmed" Scottish salmon – download high res image online here

Aldi's "Responsibly Sourced" Scottish salmon – download high res image online here

ASDA's "Responsibly Farmed" Scottish salmon – download high res image online here

Lidl's "Responsibly Sourced" Scottish salmon – download high res image online here

M&S's "Responsibly Sourced" Scottish salmon – download high image online here

Morrisons's "Responsibly Farmed" Scottish salmon – download high res image online here

Waitrose's "Responsibly Sourced" Scottish salmon – download high res image online here

The Scottish salmon products detailed above were bought in supermarkets on the Wirral (except Waitrose in Chester) in October and November 2021 and in Glasgow in November 2021. The product lines are believed to be standard in-store merchandise which can be found in other branches of Aldi, ASDA, Lidl, M&S, Morrisons, Sainsbury's, Tesco and Waitrose. They are certainly not viewed as special to supermarkets on the Wirral or in Glasgow.

Our complaint to the ASA (in conjunction with Animal Concern) – which also includes hard evidence – is online via:

Complaint to the Advertising Standards Authority Vs ‘Responsibly Farmed’ Mowi Scottish salmon as advertised by Tesco & Sainsbury’s (19 November 2021)

In conclusion, we urge the CMA and Trading Standards – in collaboration with the ASA – to take enforcement action against Aldi, ASDA, Lidl, Marks & Spencer, Morrisons, Sainsbury’s, Tesco and Waitrose.

I have copied Wirral, Cheshire and Glasgow Trading Standards into this complaint.

Please provide a receipt for this complaint.

If you have any queries please do not hesitate to contact me.

Thanks,

Don Staniford

Director, Scottish Salmon Watch