FPA CODE OF PRACTICE
All members agree:
- To operate their businesses in accordance with the laws, rules and regulations operating within the UK and all markets in which they operate
- In the making of claims for products for sale within the UK and other markets, to quote evidence of receipt of any applicable product certifications, standards and other approvals and peer reviewed evidence to make such a claim within the markets served and be able to provide these upon request
- All products sold or produced for sale within the UK and other markets to be fully compliant with prevailing legislation in each market served. Copies of accreditation to be provided upon request
- To ensure their business takes all steps required to prevent an adverse impact upon the environment and that good environmental practices within their business is followed
- Not to discuss at any FPA event any item that might be construed as in breach of UK and EU competition law nor to collude with other members in a way that breaches competition regulations including the FPA’s competition statement. The FPA Competition statement forms part of this Code of Practice and applies to all members
- To ensure all public statements made by and on behalf of the Member are decent, honest and truthful to the best of your knowledge, understanding and belief
- Not to breach the terms of the Competition & Markets Authority Guidance on environmental claims on goods and services - The Green Claims Code https://www.gov.uk/government/publications/green-claims-code-making-environmental-claims/environmental-claims-on-goods-and-services
- To support the global set of principles for corporate social responsibility set out in the Global Compact (appended), this includes operating fair employment practices.
- To apply the highest ethical trading standards and never knowingly operate a business in such a way as to bring the foodservice packaging industry into disrepute.
In the event a member is alleged to be in breach of the code the member shall be notified in writing by the Executive Director. The member will be given six weeks in which to refute the allegation and to satisfy the Board of Directors of the Foodservice Packaging Association that they are fully compliant with the Code.
In the event such compliance is not received, nor allegation rebutted by the due date, the allegation will be discussed in confidence by the Board of Directors of the Foodservice Packaging Association.
The member will be notified in writing of the outcome.
The member shall be afforded the right to appeal in person provided this request is made within seven days of receipt of the outcome. The appeal shall be heard by a panel independent of the FPA.
The final decision made by the Appeal Committee is binding.
In the event a Member has been proven to be in breach of this Code the following will apply:
- The Member’s Membership will immediately cancelled
- There will be no rebate of any unused membership fee
- The Member will not be permitted to attend any Foodservice Packaging Association function as a guest of another Member. Any tickets for events purchased will be cancelled however there will be no rebate made for such tickets cancelled
- The member will be required to remove the FPA logo from their website, marketing, products, display and print.
FPA PACKAGING CHARTER
All FPA members’ packaging, irrespective of material and format must carry full evidence for all claims made.
FPA members agree to:
- Confirm that all claims made in their marketing, communications and sales presentations irrespective of packaging and product type are entirely truthful, accurate and substantiated by evidence which must be made available when requested. This applies to all communication including social media, websites, public engagements, exhibitions, sales literature and sales pitches and includes any claim of end of life superiority versus other material and formats for which full evidence must be made available to prove this superiority before such claims may be made. The FPA reserves the right to refer to the ASA and Competition & Markets Authority, any unsubstantiated marketing claims that could in our opinion, be potentially detrimental to the reputation of the FPA, its members and or the wider packaging industry. (The process for substantiating any alleged illicit marketing claims and potential referral to ASA is detailed below** a copy of the CMA’s Draft Guidance on environmental claims on goods and services may be seen here https://www.gov.uk/cma-cases/misleading-environmental-claims#draft-consumer-protection-law-guidance-and-consultation)
- Ensure certification/written evidence required legally to make specific end of life claims is available on their websites for every packaging format for which such claims are made
- Will not use certifications, standards and symbols implying attributes including, but not restricted to, compostable, biodegradable, plastic free, managed forestry and recyclable not approved by an recognised certification body and / or standards authority and to use those by approved bodies only with the permission of those bodies to do so
- Will not misuse certifications to imply attributes not intended to be covered by the certification or standard or taken out of context or reinterpreted. An example being where the certificate covers two attributes with one dependent on a specific process and being claimed without reference to the process needed to achieve the other attribute
- Will not use the term ‘biodegradable’ as a description of their products as this is both misleading and an incentive to litter
- Will not knowingly sell packaging requiring a specific end of life treatment to a facility or retailer where it is not possible for such end of life treatment to be achieved and will ensure all end of life claims are achievable within the prevailing waste management infrastructure applicable in the markets to which the packaging is sold.
- Will ensure their customers are fully aware of what is required with regard to the correct disposal of the packaging they sell and that packaging includes clear information to advise users where and how they dispose it to enable the intended end of life to be achieved
- Where possible members commit to working together to achieve common wording and visual devices that help explain to the public correct disposal of the packaging such as take-back schemes
- Will include a message to make it clear to the public packaging of any type should not be littered either on land and or in the sea and that it will not break down in the natural environment
The FPA Packaging Charter forms part of the FPA Code of Practice which applies to all members. The terms and conditions of membership require members to conduct their business in accordance to this Code of Practice. In the event of a breach to the above, members will be requested to address the breach by publishing a correction / apology and withdrawing the claim made. If the claim is not withdrawn and apology / correction made membership will be terminated by the Board of the FPA without appeal.
**In the event of a claim alleging a breach of the FPA code of Practice is submitted to the FPA or if it comes to the attention of the FPA that a member is making a claim about a packaging item, person or organisation that brings the FPA and / or any member or the wider packaging industry into disrepute, the following procedure will be implemented:
- The matter will be reviewed by the FPA Board of Directors to determine whether a breach has occurred
- In the event the FPA Board determines there has been a breach, the claim will be forwarded to an expert non-member, fully independent of the FPA and its membership for consideration
- Should the expert non-member consider a breach has occurred then the member deemed to have breached the code will be requested to cease making the claim and will be asked to take all the corrective action the FPA Board deem to be required to correct the false claim such as withdrawing the statement / communication and publishing an appropriate correction
- If the complainee does not cease making the claim the FPA will refer the matter to the Advertising Standards Authority (ASA) and / or the Competition and Markets Authority (CMA)
- (NB: at this point, the FPA membership of the complainee will be suspended and during this time the complainee must cease making the alleged illicit claims).
- If the complaint is upheld by the ASA and / or CMA the complainee’s membership will be terminated with immediate effect and details will be published on the FPA website. Terminating membership means all references to the FPA must be removed from the complainee’s website and stationery.
A company which has had its membership terminated may reapply for membership following the normal membership application procedure which requires all membership applications to be submitted to the membership for comment. The FPA reserves the right to determine the eligibility of applications to join the FPA.
Industry associations exist primarily to defend common interests, promote better knowledge and expertise, and exchange non-competitive information. This is the case for the Foodservice Packaging Association. To ensure that the Foodservice Packaging Association does not unintentionally compromise its long-standing tradition of good governance, the following guidelines (based on The European Chemistry Council’s (CEFIC) publicly available governance and compliance policy) apply to members when attending FPA events and meetings. Members may wish to consult a legal expert.
Members shall encourage fair competition. Members will compete fairly in all the markets they serve. They will not enter into illegal arrangements nor engage in illegal concerted activities with their competitors or with others. Products will be described truthfully and accurately. Misleading stakeholders through deceptive acts or practice, false advertising or claims, misinterpretation of other members’ products or other unfair methods of competition are in conflict with this Code of Practice.
Guidelines for FPA meetings and Events
Oversight/supervision: A Foodservice Packaging Association representative should be present at meetings and events. Discussions should be limited to agenda topics. Attendees should be provided with a copy of this note and an extra copy should be available for reference at all meetings.
Members should not, in fact or appearance, discuss or exchange information not in conformity with competition law including:
- Prices: Individual company/industry prices, price changes, price differentials, discounts, allowances, credit terms, etc. Individual company data on costs, production, capacity (other than nameplates capacities), inventories, sales, etc.
- Production: Plans of individual companies concerning the design, production, distribution, or marketing of particular products, including proposed territories or customers. Changes in industry production, capacity (other than nameplates capacities), or inventories, etc
- Transportation rates: Rates or rate policies for individual shipments, including basing point systems, zones prices, freight, etc
- Market procedures: Company bids on contracts for particular products; company procedures for responding to bid invitations. Matters relating to actual or potential individual suppliers or customers that might have the effect of excluding them from any market or influencing the business conduct of firms toward them, etc.. Blacklist or boycott customers or suppliers
- Vigilance: Members and staff should protest against discussions or meetings which appear to violate the requirements set out here and these discussions or meetings should be suspended. You should disassociate yourself from any such discussions or meetings and leave meetings where offending discussions continue
Prohibited discussion topics apply equally to social events including the Annual Awards Dinner and Exhibition, Golf and Activities’ Day and Annual Lunch (meetings for which terms and conditions apply). The list above is not exhaustive. It is intended for FPA staff and Member representatives who are responsible for managing meetings. It is also intended to be read and followed by attendees of meetings. These rules do not relieve individuals of their responsibility to use their own judgement in appropriate situations.
YOU AND YOUR COLLEAGUES AND GUESTS ARE REQUESTED TO SIGN IN TO ALL MEETINGS. THE PARAGRAPH BELOW IS SHOWN ON THE SIGN-IN SHEET AND YOUR SIGNATURE CONFIRMS YOUR AGREEMENT TO ITS TERMS AS A CONDITION OF ATTENDING THE MEETING:
In order to comply with competition law and to promote fair competition, Foodservice Packaging Association members while attending this meeting confirm that no discussions or exchanges of information will take place on competitively sensitive issues such as prices paid for or charged for products or services, production, transportation rates, market procedures or future plans with respect to these issues. This agreement applies to both the formal meeting and to the informal gatherings surrounding it. Please note the above list is not exhaustive. Your signature above confirms your agreement to the above terms as well as abiding by the FPA Code of Practice as a condition of attending this meeting / event.
WHERE IT IS NOT PRACTICALLY POSSIBLE TO SIGN IN TO EVENTS SUCH AS THE AWARDS AND HOUSE OF COMMONS LUNCH THEN THE ABOVE PARAGRAPH IS DEEMED TO APPLY TO ALL MEMBERS AND THEIR GUESTS WHO ARE ATTENDING AND ADHERENCE TO ITS TERMS IS A CONDITION OF SALE FOR EVERY EVENT. THE PURCHASE OF ALL TICKETS IS SUBJECT TO FPA TERMS AND CONDITIONS OF WHICH THE ABOVE IS A PART
THE UNITED NATIONS GLOBAL COMPACT
The Ten Principles
The UN Global Compact’s ten principles in the areas of human rights, labour the environment and ant-corruption enjoy universal consensus and are derived from:
- The Universal Declaration of Human Rights
- The International Labour Organisation’s Declaration on Fundamental Principles and Rights at Work
- The Rio Declaration on Environment and Development
- The United Nations Convention Against Corruption
The UN Global Compact asks companies to embrace, support and enact, within their sphere of influence, a set of core values in the areas of human rights, labour standards, the environment and anti-corruption:
- Principle 1: Businesses should support and respect the protection internationally proclaimed human rights; and
- Principle 2: make sure that they are not complicit in human rights abuses.
- Principle 3: Businesses should uphold the freedom of association and the effective recognition of the right to collective bargaining;
- Principle 4: the elimination of all forms of forced and compulsory labour;
- Principle 5: the effective abolition of child labour; and
- Principle 6: the elimination of discrimination in respect of employment and occupation.
- Principle 7: Businesses should support a precautionary approach to environmental challenges;
- Principle 8: undertake initiatives to promote greater environmental responsibility; and
- Principle 9: encourage the development and diffusion of environmentally friendly technologies.
- Principle 10: Businesses should work against corruption in all its forms, including extortion and bribery.