Burges Salmon LLP updates

Brexit and UK consumer law
Burges Salmon LLP
  • Product Regulation & Liability
  • United Kingdom
  • 06 December 2018

The Department for Business, Energy and Industrial Strategy recently published draft regulations to amend legislation that enforce laws protecting consumers' rights in the United Kingdom. The draft regulations will be effective after exit day and demonstrate the government's approach to ensure that current legislation due to EU membership continues to be operative after Brexit and that UK consumers will be no worse off, while removing the direct influence and jurisdiction of EU member state enforcement bodies.

Food allergen labelling: is it time for a change?
Burges Salmon LLP
  • Product Regulation & Liability
  • United Kingdom
  • 25 October 2018

It is within the UK government's power to make changes to require improved communication of allergen information on food labels in circumstances where there is an increased risk that confusion could arise. Following the tragic death of a young woman who died after consuming a baguette containing sesame, calls have been made for changes to allergen labelling laws. But are changes really needed and, if so, what could and should be done?

Product liability claims: Faisal v Younis shows scope of product liability law
Burges Salmon LLP
  • Product Regulation & Liability
  • United Kingdom
  • 18 October 2018

The High Court recently held that a retail store owner was jointly liable with a product manufacturer for an accident that had occurred at his store. The existence of joint and several liability has long been criticised for creating disproportionate liability because it arguably places insured companies at greater risk. Suggested reforms have included the introduction of proportionate liability and a statutory capping regime on insurance claims.

Brexit, chemicals and REACH: five issues to consider now
Burges Salmon LLP
  • Product Regulation & Liability
  • United Kingdom
  • 17 May 2018

The chemical and manufacturing industries are still waiting for clear post-Brexit plans for UK chemicals regulation, with exit from the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation a particular concern. The potential for significant business disruption if the United Kingdom and the European Union fail to reach a pragmatic solution on the future of the United Kingdom's participation in REACH poses a number of issues.

Russell Hume: another meat processor falls foul of food safety regulation
Burges Salmon LLP
  • Product Regulation & Liability
  • United Kingdom
  • 15 March 2018

The Food Standards Agency recently announced that it has stopped products leaving sites run by Russell Hume, a major meat and poultry processing business, following "instances of serious non-compliance with food hygiene regulations". It has also required Russell Hume to withdraw existing products from the market. Incidents such as these raise a number of questions for food businesses and consumers about the safety and provenance of the food that they are buying.

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