'Passing off' is the act of serving products different to those advertised or asked for by the consumer without notifying them, while 'pouring over' is serving consumers what they are led to believe is a genuine product, but is actually an imitation product.
The UK subsidiary responsible for Jägermeister distribution and marketing will increase educational outreach to licensees and on-trade outlets and strengthen its working relationship with the Trading Standards Institute to combat the issues.
According to Mast-Jaegermeister UK, around 1% of licensed premises in the UK do not abide by the law when it comes to 'passing off' and 'pouring over'.
The company said the Jägermeister sales force and Trading Standards are working throughout the country to make the on-trade aware of the legalities and requirements of consumer rights.
Last month Mast-Jaegermeister SE and Mast-Jägermeister UK issued 'cease and desist' letters to identified repeat offenders warning them about their illegal practice, asking owners and managers to ensure action is taken to rectify the situation without the need for legal action.
Mast-Jaegermeister UK said “any outlets found offending repeatedly will be followed up with appropriate action”.
Mast-Jägermeister SE has trademarked and owns nearly 60 trademarks. Among these trademarks Mast-Jägermeister SE owns the intellectual property of the words ‘Jägermeister’, ‘Jäger’ ‘Jäger Bomb’ and ‘J-Bomb’.
Guy Lawrence, CEO, Mast-Jaegermeister UK said: “Passing off and pouring over are illegal, unfair and unwise. We're not after the ill-informed, but those outlets who wilfully flout the law should know we intend to stay on their case.
“A small but persistent minority are undermining the trust of the consumer in all of us. It impacts manufacturers and damages consumer confidence in the trade. People need to realise the penalties for passing off and pouring over can be severe; ranging from large fines to criminal charges in the most serious cases.”
