Latest updates

One small step for alcoholic beverage marketers, one giant leap for wine critics
Westerberg & Partners Advokatbyrå Ab
  • Sweden
  • 06 June 2019

The Patent and Market Court of Appeal recently assessed the use of quotations from wine reviews in ads and found the terms 'bargain' and 'recommended' and the phrase 'an excellent alternative for the big party' acceptable under the applicable Swedish and EU law. This ruling marks a small but significant shift in the strict Swedish jurisprudence on the subject and may give market actors a reason to pop a celebratory bottle.

Recharacterisation of product risks
Nagashima Ohno & Tsunematsu
  • Japan
  • 18 April 2019

Although product compliance has always been an important issue for manufacturers, it has historically been overshadowed by safety-related product risks, and considerations regarding product compliance have typically been integrated with other product risks. However, manufacturers' awareness of the risks associated with product compliance has grown and it is now a top priority. The catalyst for this shift in attitude was a recent spate of data falsification cases.

Chemicals regulation after Brexit: blueprints for BPR, CLP and PIC regimes
Burges Salmon LLP
  • United Kingdom
  • 07 March 2019

Draft regulations have been laid before Parliament to ensure that regimes governing biocidal products, hazardous chemicals and chemical classification can continue to operate after Brexit. The regulations swiftly follow similar legislation that would create a UK Registration, Evaluation, Authorisation and Restriction of Chemicals regime and a UK chemicals agency. They are largely consistent with previous implementing legislation published ahead of Brexit and attempt to preserve the status quo.

REACH enforcement in 2019: is your business prepared?
Burges Salmon LLP
  • United Kingdom
  • 28 February 2019

A statutory instrument was recently published that would create a UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and a UK chemicals agency after Brexit. For companies that manufacture products or import substances into the European Union, REACH compliance will no doubt be part of their 2019 strategy – and if it is not, it should be.

Overseas product manufacturers may be liable for damages caused in Israel
Levitan, Sharon & Co
  • Israel
  • 07 February 2019

Under a recent amendment to the Civil Procedure Regulations, manufacturers that produce products outside Israel can still be sued in Israel. As a result, a claim against a foreign defendant can be dealt with by an Israeli court following a service of suit issued by a court outside Israel. This service applies Israeli jurisdiction to the foreign defendant, thus obliging it to file a defence to the claim in an Israeli court and attend the proceeding as a defendant.

Electronics and product compliance: perils of complex supply chains
Burges Salmon LLP
  • United Kingdom
  • 17 January 2019

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.

New Year's resolutions for safeguarding food and drink sector
Burges Salmon LLP
  • United Kingdom
  • 10 January 2019

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.

Brexit and UK consumer law
Burges Salmon LLP
  • 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.

Recent changes to cannabis legal landscape
Sanchez DeVanny Eseverri SC
  • Mexico
  • 29 November 2018

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.

Food allergen labelling: is it time for a change?
Burges Salmon LLP
  • 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
  • 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.

Tobacco products: what constitutes a crime?
Sanchez DeVanny Eseverri SC
  • Mexico
  • 05 July 2018

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.

Brexit, chemicals and REACH: five issues to consider now
Burges Salmon LLP
  • 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.

New regulations govern use of marijuana for health and industrial reasons
Sanchez DeVanny Eseverri SC
  • Mexico
  • 05 April 2018

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.

Russell Hume: another meat processor falls foul of food safety regulation
Burges Salmon LLP
  • 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.

No outer packaging required?
Preslmayr Attorneys at Law
  • Austria
  • 02 November 2017

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.

New energy drinks communique prohibits sale of energy drinks to under 18s
Gün + Partners
  • Turkey
  • 10 August 2017

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.

Supreme Court decision on warranty claims leaves consumers puzzled
Graf & Pitkowitz Rechtsanwalte GmbH
  • Austria
  • 11 May 2017

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.

Product liability under Egyptian law
  • Egypt
  • 22 December 2016

Specific provisions on product liability were first introduced into Egyptian law in 1999 as part of the revised Commercial Transaction Law. The Consumer Protection Law further extended the Egyptian product liability regime. Together with the general provisions on contractual and tortious liability within the Civil Code, the Commercial Transaction Law and the Consumer Protection Law form the Egyptian liability regime for manufacturers, traders, distributors and service providers.

Organic exports to China – breaking down barriers
  • Australia
  • 26 March 2015

The process for exporting organic produce into China has been made much easier following the March 2014 signing of the Australia-China Organic Trade Access Agreement. The agreement is predicted to boost Australia's organic and biodynamic industry by up to A$100 million per year, significantly improve the organic export process and help Australian food producers to meet demand for these premium products.

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