Nicky specialises in regulatory compliance law, with a strong reputation for her expertise in product safety and compliance (both food and non-food products), consumer protection, and advertising and marketing law. She works with leading consumer brands, retailers and manufacturers as well as travel industry and hospitality clients, delivering workshops on specific product compliance issues and broader training on consumer protection requirements and advertising and marketing issues, including pricing practices and social media advertising issues.
She is highly experienced in advising on a wide range of product compliance, safety and liability issues, across a wide variety of products, ranging from cosmetics and food and drink through to clothing and textiles. She advises US, UK and other international companies on medical device regulation and telecoms regulatory compliance issues, as well as export requirements, trade restrictions and sanctions across a wide range of jurisdictions. She also has extensive experience in consumer law issues in a number of sectors, including education, retail, manufacturing, hospitality and leisure, telecoms and transport. Her work includes significant advice on consumer protection requirements, and advertising and marketing, particularly on comparative advertising issues and product pricing and promotional activity.
She is frequently invited to speak at external events, on issues ranging from product compliance and food safety and labelling through to consumer protection law. She regularly contributes material to PLC in respect of advertising issues, and is jointly responsible for maintaining practice notes on prize promotions and Gambling Act requirements.
Examples of experience include advising:
- Retail, manufacturing, transport and education sector clients on consumer law requirements, including the Consumer Protection from Unfair Trading Regulations, the Consumer Contract Regulations and the Consumer Rights Act. She has also extensively advised on the approach taken by the Competition and Markets Authority in its work on consumer protection legislation, as well as advising on Consumer Protection Act requirements. She has worked with clients in developing guidance on the remedies available to consumers under the legislation, advising on complaints procedures to be followed by front-line staff, and how to handle the threatened or actual use of publicity by consumers in an attempt to gain compensation, including on social media
- manufacturers and retailers on a wide range of product compliance issues, including those relating to Covid-19 and post Brexit issues, and on potential and actual product recall issues, including carrying out risk analysis to enable the client to decide on the most appropriate course of action, and whether to withdraw or recall products. She has extensively advised on the regulatory requirements for face coverings and masks over the last 12 months, as well as the impact of the delayed implementation of EU medical device regulations due to the pandemic, and is providing on-going advice on the divergence between EU and UK regulatory requirements, and the changes required to both food and non-food product compliance and labelling
- A broad range of retail, manufacturing and other clients on advertising and marketing law, with a particular focus on comparative advertising and promotional pricing requirements. This includes in-depth analysis of the evidence for a variety of product claims, including the use of clinical and consumer perception trials and previously published scientific and medical literature to ensure that claims are sufficiently substantiated. She also advises on challenges against competitor marketing activity, including on the use of allegedly independent comparison and product review websites, testimonials and endorsements on a cross-jurisdictional basis
- UK and non-UK based companies looking to export to new markets, particularly following the UK's exit from the EU. Her work includes co-ordination of advice on an international basis, covering the product safety, labelling, packaging, consumer and advertising requirements for products ranging from medical devices through to clothing, cosmetics and food products
- Food manufacturers, retailers and the wider UK hospitality industry on compliance with food information, labelling, packaging and other requirements, including labelling and declaration of allergenic ingredients, and on the advertising and marketing of food supplements, including the use of consumer trials to substantiate potential claims
- manufacturers on trade restrictions and sanctions in force in relation to particular jurisdictions, including Russia, Iran, and North Korea and on the applicability and requirements of the EU Rules of Origin. She has worked with clients in developing internal policies and procedures to be followed by staff before engaging in transactions which might fall under current trade restriction regulations.
Chambers Guide to the UK Legal Profession 2015 identifies Nicky as a notable practitioner for food/product liability law in the UK.
"She offers advice on various regulatory and marketing questions. A client lauded her ability to offer "robust advice that made us feel like we were dealing with people with expertise."