The October 2010 edition of Food Law Digest featured an article by Audrey Horton entitled “No hidden nasties… No artificial colours or flavours and no aspartame” is defamatory which reported the outcome of the Court of Appeal judgment in Ajinimoto Sweeteners Europe SAS v Asda Stores Ltd.
In mid-December the Supreme Court in England (formerly the House of Lords) gave permission for Asda Stores Ltd to appeal. The Court of Appeal decision created the potential for malicious falsehood claims. It was argued that Asda, by praising their own-label products for not containing aspartame, is defaming Ajinomoto’s product.
The Supreme Court is the final court of appeal in the UK for civil cases. A date for the hearing has not yet been set.