The Scotch Whisky Association (SWA) has welcomed undertakings from Reynald & Sons and its sole director, Reynald Grattagliano, that they will not engage in activities that might pass off a spirit as Scotch Whisky when it is not.

The undertakings follow an SWA action in the Scottish Court of Session. This is the first time legal action has been taken in Scotland using the Scotch Whisky Regulations 2009, which now regulate the making, bottling and labelling of Scotch Whisky.

The SWA took action against Reynald & Sons Ltd and Mr Grattagliano to prevent them selling or advertising spirits in a way that falsely suggests that they are Scotch Whisky. This followed their advertising of fourteen brands of 'whisky', including Golden Dollar, Sir Edwins, and Paddington, each bearing the name 'Scottish Spirits', in a manner that suggested the products were genuine Scotch Whisky.

SWA investigations found that the spirits were manufactured in Panama and consisted of un-aged neutral alcohol and flavourings. The brands were bottled by Scottish Spirits, a Panamanian company.

The action has now been settled, with Reynald & Sons and Mr Grattagliano providing undertakings that they will not engage in any conduct that is likely to lead to a spirit which is not Scotch Whisky being passed off as Scotch Whisky.

Lindesay Low, legal advisor at SWA, said: “We are pleased that we have received undertakings preventing any conduct that is likely to lead to a spirit which is not Scotch Whisky being passed off as genuine Scotch. Our concern has been that this company was misleading consumers and unfairly trading on Scotch Whisky's reputation. This is the first time the new Scotch Whisky Regulations have been used in Scotland, providing the highest levels of protection for consumers and Scotch Whisky.”