Food Safety

Facing a food safety prosecution can be overwhelming. Whether you are a restaurant owner, food manufacturer, retailer or distributor, an investigation or prosecution by your local authority or the Food Standards Agency can have serious financial and reputational consequences.

We provide strategic, commercially focused defence for businesses and individuals facing allegations under UK food safety law. Our goal is simple: minimise disruption, protect your reputation, and achieve the best possible outcome.

Why Choose Us?

• Specialist regulatory defence expertise in complex food safety prosecutions

• Track record of resolving investigations pre-charge and securing reduced penalties

• Commercially focused advice aligned with your business priorities

• Experienced in dealing with local authorities and regulators nationwide

Our approach is proactive and strategic from the outset. We carry out an immediate risk assessment to identify your exposure and priorities, followed by a detailed review of the evidence, including inspection findings, sampling processes and internal compliance systems.

We engage directly with regulators at an early stage to challenge weak or flawed allegations, demonstrate corrective action, and where possible prevent matters escalating to prosecution. If proceedings are issued, we prepare a robust defence and mitigation strategy, including expert evidence where required, to achieve the best possible outcome.

Above all, we provide clear, practical advice at every stage, so you can make informed decisions and protect your business.

Our Expertise

We act for clients across the food and hospitality sector, including restaurants, cafés, manufacturers, retailers and distributors. Our team has extensive experience defending prosecutions brought under the Food Safety Act 1990 and associated regulations, including the Food Hygiene Regulations.

Types of Offences & Potential Outcomes

Food safety offences vary significantly in seriousness, and the type of allegation will directly affect both the defence strategy and the likely penalties.

Many cases arise from hygiene and safety breaches, such as poor storage, inadequate cleaning, or pest control failures identified during inspections. These cases are often risk-based rather than harm-based, meaning prosecution can follow even where no illness has occurred. Outcomes typically include:

• Improvement or prohibition notices at an early stage

• Fines (often linked to turnover and risk level)

• In more serious cases, temporary or full closure of premises

More serious are allegations involving the sale of unsafe or contaminated food, for example where a consumer becomes ill or a clear contamination risk is identified. These cases attract greater regulatory attention and are more likely to be prosecuted. The consequences can be severe:

• Significant financial penalties

• Criminal conviction

• Reputational damage affecting contracts and customer trust

There is also increasing enforcement in misdescription and labelling offences, particularly involving allergens or misleading product information. These cases do not require actual harm, exposure to risk alone is often enough. Businesses may face:

• Prosecution even in the absence of injury

• Fines and mandatory corrective action

• Ongoing scrutiny from regulators

Finally, where a business fails to comply with enforcement notices or obstructs officers, this is treated as an aggravating factor rather than a standalone issue. It signals non-cooperation and increases regulatory pressure. In these cases, courts are more likely to impose:

• Higher fines

• Closure orders

• Enhanced enforcement and repeat inspections

Why Early Legal Advice Matters

In food safety cases, early decisions directly influence both liability and sentence — and the strategy differs depending on the type of offence.

For example:

• In hygiene cases, early remedial action and documented compliance can reduce enforcement to a warning or improvement notice

• In unsafe food allegations, immediate investigation and expert evidence can challenge causation and avoid prosecution

• In labelling cases, swift correction and supply chain analysis can limit exposure and demonstrate due diligence

Without legal advice, businesses often accept findings that could be challenged, miss statutory defences (such as demonstrating “due diligence”, that you took all reasonable precautions and exercised all due care to prevent the offence), or provide information that strengthens the prosecution case.

Our early involvement allows us to assess the allegation, deploy the right strategy, and engage with regulators in a way that reduces escalation,often making the difference between regulatory resolution and criminal prosecution.

Speak to a Specialist Today

If you are facing a food safety investigation or prosecution, early action is critical.

Contact our team today for confidential, expert advice and immediate support.