The Supreme Court recently upheld the appellate court's opinion that Section 17(1) of the Act on Medicinal Products requires the labelling of certain particulars in the case of eventual outer packaging, but does not require the outer packaging of medicinal products. This interpretation conforms with Article 54 of EU Directive 2001/83/EC, which provides that certain particulars must appear on the outer packaging of medicinal products or, where there is no outer packaging, on the immediate packaging.
The Supreme Court recently ruled on a case where the cost to repair a defective product far exceeded the value of the goods in question. In its decision, the court determined that existing Austrian law on warranty claims can (and must) be construed in line with European Court of Justice case law on the EU Consumer Sales Directive. While ending an academic debate, the decision is bound to spark disputes between sellers of defective products and their counterparts.
A number of changes to the cannabis legal landscape have taken place in Mexico over the past few weeks. For example, the Federal Commission for the Protection against Sanitary Risk recently published on its website guidelines on the sanitary control of cannabis and cannabis derivatives. Further, the Supreme Court issued its fifth decision granting constitutional protection against the adult use prohibition and Congress was presented with a bill to implement the General Law for Cannabis Control.
The Secretariat of Health recently announced amendments to the General Law on Tobacco Control. The new Title Eight includes Articles 56 and 57, which specifically address crimes relating to tobacco products. The new provisions are particularly relevant for individuals and legal entities engaged in the tobacco industry. Industry players are advised to consider the scope of these amendments and determine how their business operations in Mexico may be affected.
New legal provisions regarding the use of marijuana for medical and industrial purposes were recently published in the Federal Official Gazette and have sparked great interest in the potential development of such products in Mexico. However, the proposed regulations could contravene other federal laws, regulations and standards which explicitly state that marijuana and its derivatives cannot be used as ingredients or raw materials for food, beverages, cosmetics and other products bound for human consumption.
The Ministry of Food, Agriculture and Livestock recently published the Food Codex Energy Drinks Communique 2017/4 in the Official Gazette. The communique introduces significant amendments to the market supply, advertising, labelling and sale of energy drinks, the most important of which prohibits the sale of energy drinks to individuals under the age of 18. Business operators must comply with the new communique no later than December 31 2017.
The Office for Product Safety and Standards (OPSS) was created in January 2018 by the Department for Business, Energy and Industrial Strategy and is tasked with improving protections for consumers and the environment and driving increased productivity, growth and business confidence. A recent case put before the OPSS demonstrates the importance of consumer product manufacturers' control not just over their manufacturing processes, but also throughout the supply chain.
In view of the challenges faced by the food and drink sector in 2018, businesses across the supply chain may want to make some New Year's resolutions to ensure that they are fighting fit and ready for the year ahead. This article posits a number of key issues for food and drink businesses to consider in this regard, including supply contracts, allergen labelling and food crime.
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.
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?
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.