Product Regulation & Liability updates

Israel

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.


Italy

Mobile phones may cause brain tumours: Turin Court of Appeals revives debate
  • Italy
  • 13 February 2020

After a two-year dispute, the Turin Court of Appeals has dismissed the appeal filed by the National Insurance Provider (INAIL) and upheld the first-instance decision issued by the Court of Ivrea in 2017, which established causation between extensive work-related use of mobile phones and brain tumours and ordered INAIL to compensate the claimant with a lifelong payment.

Hemp food – Ministry of Health sets acceptable levels of THC
  • Italy
  • 06 February 2020

The Ministry of Health recently published the THC Decree, which sets the maximum tetrahydrocannabinol content permitted in food products, together with guidance on the appropriate method of analysis. Some commentators have welcomed the new regulation as a liberalisation of the use of hemp in food products; however, on closer inspection, this conclusion proves to be unjustified.

Regulation of cannabis use in food and cosmetics
  • Italy
  • 15 August 2019

The cultivation and industrial use of hemp in Italy has a long tradition and recent changes to the law have led to a revival in this regard. While a law enacted in 2016 promotes hemp cultivation as a means to preserve biodiversity and reduce the environmental impact of agriculture, hemp-derived products for human consumption are still subject to restrictions. A recent Supreme Court judgment has had the last word on the legality of cannabis.


Japan

Contributed by Nagashima Ohno & Tsunematsu
Ministry relaxes rules for affixing technical standard conformity marks
  • Japan
  • 24 October 2019

Following the diversification and miniaturisation of electronic equipment, the means by which technical standard conformity marks must be affixed received significant attention from business operators that sell or import electronic equipment in Japan. As such, the Ministry of International Affairs and Communications recently relaxed the restrictions regarding marks indicating technical standard conformity certification or approval under the Radio Act and the Telecommunication Business Act.

Radio Act amended to promote innovation using foreign WiFi and Bluetooth devices
  • Japan
  • 08 August 2019

The Diet recently amended the Radio Act to provide simple procedures for using radio equipment that has not been technically certified in Japan for experimental purposes. The amendments are expected to foster innovation with regard to technology-related products by addressing the challenge faced by foreign manufacturers and other business operators that have struggled to bring prototype products with WiFi or Bluetooth capabilities into Japan for experimental purposes.

Recharacterisation of product risks
  • 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.


Mexico

Food and beverage labelling: remedy to obesity epidemic or constitutional violation?
Sanchez DeVanny Eseverri SC
  • Mexico
  • 20 August 2020

Mexico is suffering from a national obesity epidemic; however, it is debatable whether the solution is stricter product marking, labelling and taxation or an approach focused on developing healthier habits and education. The health authorities' latest strategy on food and beverage labelling will likely have a significant economic impact on the food and beverage industry and could be considered a violation of international treaties and agreements.

Cannabis regulation: is third time a charm?
  • Mexico
  • 26 March 2020

Conscious of the challenges that the implementation of a new regulation on cannabis represents, the Senate has concluded that any regulation should be implemented gradually. To this end, a new bill under analysis foresees authorisations (ie, licences) for the personal use, growth, transformation, import and export of cannabis that are mutually exclusive. The bill also authorises scientific (ie, medical) and industrial uses; however, cosmetics and edible and drinkable products which contain cannabis are not authorised.

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.


South Africa

Is the 2020 Cannabis Bill a flower among weeds or a weed among flowers?
ENSafrica
  • South Africa
  • 17 September 2020

The 2020 Cannabis Bill outlines the regulations under which adults may legally cultivate, possess and use cannabis for private use and recreational purposes. The bill also groups cannabis-related offences into four categories, which each carry different penalties. Even though South African adults can legally possess significantly more grams of cannabis than adults in various other countries, the cost of exceeding these amounts is far greater.


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