Reacting to the launch of the ‘Fresh Ale’ concept by CMBC, the Campaign for Real Ale (CAMRA) has asked for investigations into whether the Consumer Protection from Unfair Trading Regulations have been breached.
The Campaign has written to National Trading Standards and Trading Standards Scotland asking for an investigation into the products, which use a cask handpump to serve the beer, which is kegged rather than cask conditioned.
This is the start of the ‘Handpump Hijack’ campaign to raise awareness of misleading beer dispense, and make sure that the handpump remains a signifier of cask-conditioned beer.
In the letters, Gillian Hough, National Director and Chair of CAMRA’s Real Ale, Cider and Perry Campaigns Committee, said:
“CAMRA believes that these practices come under the scope of the Consumer Protection from Unfair Trading Regulations 2008, as the average consumer may choose to buy the product on the basis that they believe it to be cask conditioned beer, which in this case it is not.
“We believe that this falls foul of the Order’s provisions in Section 2 to protect consumers from presentation which is likely to deceive the average consumer or cause the average consumers to take a transactional decision he would not have taken otherwise.”
Nik Antona, CAMRA National Chairman said:
“Misleading dispense is particularly detrimental to beer drinkers, as hijacking a handpump to serve a keg beer removes a genuine cask product from the bar, reducing choice of different formats for consumers.
“Unfortunately, Carlsberg Marston’s Brewing Company have a track record on potentially misleading marketing, having already badged Wainwright as ‘A Lake District Original’, despite it being brewed over 100 miles away in Wolverhampton.
“We hope that Trading Standards bodies across Great Britain will take swiftly coordinated national action to address misleading beer dispense and safeguard the handpump as an indicator of cask beer.”
Ends
Notes to editors:
CAMRA has written to National Trading Standards (covering England and Wales) and Trading Standards Scotland.
The full text of the letters read:
Lord Bichard
Chair, National Trading Standards
1 Sylvan Court
Southfields Business Park
BASILDON
SS15 6TH
By email
04 April 2024
Dear Lord Bichard,
I am writing on behalf of CAMRA, the Campaign for Real Ale. We are a consumer organisation with around 150,000 members representing the interests of pub goers and beer drinkers.
We are writing to raise our serious concerns about the decision in March 2024 by Carlsberg Marston’s Brewing Company (CMBC) to launch their ‘Fresh Ale’ concept.
At present, the ‘Fresh Ale’ range are keg versions of three of CMBC’s cask beers – Wainwright Amber, Wainwright Gold and Hobgoblin – which will be served to consumers through handpumps on the bar. CMBC have stated that they intend to increase the number of ‘Fresh Ale’ versions from their portfolio of cask beers.
It is an accepted fact that all consumers should be fully informed about the product they are buying at the point of dispense. CAMRA and our members are deeply worried that for beer drinkers the use of a handpump to dispense this keg product is seriously misleading.
Serving keg ‘Fresh Ale’ through handpumps constitutes misleading dispense of the product – implying that the beer served through it is cask-conditioned when this is not the case. This is also evident through their general marketing and the alterations required to handpumps to enable them to serve keg beer, which confirms that consumers are being misled.
Handpumps are uniquely British and are synonymous with cask beer and we believe that CMBC’s attempts to hijack the handpump to serve kegged beer will only lead to consumer confusion. The impact of this pernicious misleading dispense will affect the reputation and availability of cask conditioned beer in all pubs and social clubs.
We would like National Trading Standards to urgently investigate whether CMBC’s Fresh Ale concept, sold via misleading use of cask handpumps thereby presenting as a version of cask beer, is confusing to customers.
CAMRA believes that these practices come under the scope of the Consumer Protection from Unfair Trading Regulations 2008, as the average consumer may choose to buy the product on the basis that they believe it to be cask conditioned beer, which in this case it is not.
We believe that this falls foul of the Order’s provisions in Section 2 to protect consumers from presentation which is likely to deceive the average consumer or cause the average consumers to take a transactional decision he would not have taken otherwise.
There is also a precedent for action in this area, notably the Local Authority Co-ordinating Body on Trading Standards (LACOTS) inquiry into misleading methods of dispensing beer in 1988, which led to LACOTS agreeing that the use of a handpump to serve keg beers was misleading, with this advice being passed to all local Trading Standards departments at the time. The emergence of ‘Fresh Ale’ requires similarly coordinated action from National Trading Standards, as the products may quickly begin to appear in licensed venues across England and Wales.
CAMRA firmly believes that the traditional British handpump should continue to be used exclusively to dispense cask-conditioned beer or their traditional cider and perry equivalents.
We would be delighted to meet with National Trading Standards to discuss what action can be taken to protect consumers from products which unfairly imitate or present themselves as cask-conditioned beer.
If you have any questions, please do not hesitate to contact us.
Yours sincerely,
Gillian Hough
Chair – CAMRA Real Ale, Cider & Perry Campaigns Committee
CC: Fiona Richardson, Chief Officer, Trading Standards Scotland
Fiona Richardson
Chief Officer, Trading Standards Scotland
COSLA
Floor 3
49 Bath Street
GLASGOW G2 2DL
By email
04 April 2024
Dear Fiona Richardson,
I am writing on behalf of CAMRA, the Campaign for Real Ale. We are a consumer organisation with around 150,000 members representing the interests of pub goers and beer drinkers.
We wish to raise our serious concerns about the decision in March 2024 by Carlsberg Marston’s Brewing Company (CMBC) to launch their ‘Fresh Ale’ concept.
At present, the ‘Fresh Ale’ range are keg versions of three of CMBC’s cask beers – Wainwright Amber, Wainwright Gold and Hobgoblin – which will be served to consumers through cask handpumps on the bar. CMBC have stated that they intend to increase the number of ‘Fresh Ale’ versions from their portfolio of cask beers.
Handpumps are uniquely British, and along with Scottish Tall Fonts, and are synonymous with cask beer. We believe that CMBC’s attempts to hijack the handpump to serve kegged beer will only lead to consumer confusion. The impact of this pernicious misleading dispense will affect the reputation and availability of cask conditioned beer in all pubs and social clubs.
It is an accepted fact that all consumers should be fully informed about the product they are buying at the point of dispense. CAMRA and our members are deeply worried that for beer drinkers across Scotland and the wider UK, the use of a handpump, or a Scottish Tall Font, to dispense this keg product is seriously misleading.
Serving keg ‘Fresh Ale’ through handpumps or a Scottish Tall Font constitutes misleading dispense of the product – implying that the beer served through it is cask-conditioned when this is not the case. This is also evident through their general marketing and the alterations required to handpumps to enable them to serve keg beer, which confirms that consumers are being misled.
We would like Trading Standards Scotland to urgently investigate whether CMBC’s ‘Fresh Ale’ concept, primarily sold via misleading use of cask handpumps, and potentially Scottish Tall Fonts, thereby presenting as a version of cask beer, is confusing to customers.
CAMRA believes that these practices come under the scope of the Consumer Protection from Unfair Trading Regulations 2008, as the average consumer may choose to buy the product on the basis that they believe it to be cask conditioned beer, which in this case it is not.
We believe that this falls foul of the Order’s provisions in Section 2 to protect consumers from presentation which is likely to deceive the average consumer or cause the average consumers to take a transactional decision he would not have taken otherwise.
There is also a precedent for action in this area, notably the Local Authority Co-ordinating Body on Trading Standards (LACOTS) inquiry into misleading methods of dispensing beer in 1988, which led to LACOTS agreeing that the use of a handpump to serve keg beers was misleading, with this advice being passed to all local Trading Standards departments at the time. The emergence of ‘Fresh Ale’ requires similarly coordinated action across the UK including from Trading Standards Scotland, as the products may quickly begin to appear in licensed venues across Scotland.
CAMRA firmly believes that the traditional British handpump and Scottish Tall Fonts should continue to be used exclusively to dispense cask-conditioned beer, or their traditional cider and perry equivalents.
We would be delighted to meet with Trading Standards Scotland to discuss what action can be taken to protect consumers from products which unfairly imitate or present themselves as cask-conditioned beer.
If you have any questions, please do not hesitate to contact us.
Yours sincerely,
Gillian Hough
Chair – CAMRA Real Ale, Cider & Perry Campaigns Committee
CC: Lord Bichard, Chair, National Trading Standards (England & Wales)
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