Product Regulation & Liability updates

Austria

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.


Israel

Overseas product manufacturers may be liable for damages caused in Israel
  • 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.


Japan

Contributed by Nagashima Ohno & Tsunematsu
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

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.


Turkey

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.


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