Product Regulation & Liability updates


No outer packaging required?
  • 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.

Supreme Court decision on warranty claims leaves consumers puzzled
  • 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.


Recent changes to cannabis legal landscape
  • 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.

Tobacco products: what constitutes a crime?
  • 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.

New regulations govern use of marijuana for health and industrial reasons
  • 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.


New energy drinks communique prohibits sale of energy drinks to under 18s
  • 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.

United Kingdom

Contributed by Burges Salmon LLP
Brexit and UK consumer law
  • 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?
  • 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
  • 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
  • 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
  • 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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