Lincolnshire Trading Standards has claimed the retailer broke the legislation with a beef roasting joint from its Taste the Difference range that was bought at a shop in Lincoln earlier this year.
The court date is set for next month and the retailer is facing a potential fine of between £500 and £3,000.
Peter Heafield, head of trading standards, told the Lincolnshire Echo the body had a duty to enforce the regulations.
“Following a customer complaint about a product available at Sainsbury’s, trading standards carried out an investigation that has resulted in the matter being brought to court,” he said.
Sainsbury’s surprised by court date
In a statement, a Sainsbury’s spokesperson expressed surprise at the comments that did not reflect the very positive outcome of our meeting with Lincolnshire’s packaging team.
“In fact, we have been informed that the council, in light of that meeting, is currently looking again at whether it will proceed,” the spokesperson said.
“We were particularly surprised, as the packaging of the product in question has been reduced by 53 per cent since February and is set to be reduced by at least another 10 per cent within the next few months.”
Sainsbury’s said packaging was essential to ensure food remains fresh and undamaged, thereby preventing food waste and that it was committed to finding ways to reduce it while ensuring it remained functional.
According to the Lincolnshire Echo, the court case will take place on 12 October.
Subjective area of law
Katherine Southby, head of regulatory at law firm Gordons, said the law in this area has a subjective element to it that takes into account what would be acceptable to the end user.
“This means that there can be entirely legitimate reasons for using what initially appears to be more packaging than is necessary.”
“Businesses need to try to minimise packaging where it is practical to do so, and robustly document the decision making process when deciding that packaging cannot be reduced any further so that this decision can be defended at a later date.”
Trading Standards officers have previously called for the government to close loopholes in the legislation, particularly with regard to “consumer acceptance” which has been described as a get out for companies.
Previous prosecutions under the regulations include Computer 2000 Distribution, which had to pay £2,886 in costs and video games firm Powerplay that was fined £3,250.
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