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Briefings in English - 2008

European Commission: focus on food

The European Commission has published a report recommending greater regulatory scrutiny of the competitive environment throughout the food industry in the EU. It notes that the current economic conditions in the industry create a heightened risk of anti-competitive practices. This briefing focuses on the antitrust aspects of the report and sets out the possible implications for operators at all levels of the food supply chain, suggesting some practical measures they may wish to consider in anticipation of the Commission’s next steps. (December 2008)

Opportunities for foreign investment in China’s dairy sector

Foreign investors have viewed the crisis of confidence in China’s dairy industry – caused by the melamine scandal and low valuations of dairy companies – as an opportunity to enter the sector. China’s government is encouraging consolidation in the industry, which is likely to lead to more investment. However, foreign investors are still subject to a number of restrictions and approval requirements, which are summarised in this briefing. (December 2008)

The International Comparative Legal Guide to: Product Liability 2008 : Implications of REACH

Regulatory and Product Liability Implications of REACH for the ConsumerProducts Sector by Freshfields Bruckhaus Deringer LLP. (2008)

Environment: EU publishes its proposals to meet its 2020 emissions reduction target

At the March 2007 European Council summit, EU member states committed themselves to cutting the EU’s greenhouse gas (GHG) emissions by 20 per cent by 2020, compared with 1990 levels, with a promise to move to 30 per cent if other industrialised countries follow suit. After some delay and intense behind-the-scenes lobbying by the member states and industry, the Commission finally published a package of legislative proposals designed to achieve these targets on 23 January. (March 2008)

Getting it right: product recall in the EU

In the first 10 months of 2007, the European Commission received 56 per cent more consumer safety alerts from EU member states than in the same period in 2006. What is driving this high level of activity in the EU? This report answers this and other questions on the basis of a major international study into industry attitudes to product safety and recall in the EU. (March 2008)

Treating customers fairly

Ensuring effective, industry-wide implementation of a policy of treating customers fairly (TCF) was a focus of much of the FSA’s work in 2007 and this will also be the case in 2008. Notably, in November 2007, the FSA published a report entitled Treating customers fairly: measuring outcomes reporting on its assessment of industry performance on TCF. The following month, the FSA issued a press release announcing that firms were not doing enough to ensure that their appointed representatives were treating customers fairly in the sale of general insurance, mortgage and investment products. (March 2008)

EU food law in 2008

The increasing regulation of the food industry in Europe is an inevitable consequence of the EU’s policy of strengthening consumer confidence in food safety and harmonising laws and regulations to ensure the free movement of food and feed. (February 2008)

Serious Fraud Office investigation into UK companies in connection with UN Oil For Food Programme contracts. (January 2008)

This briefing summarises the position and the issues that arise and sets out some of our more relevant experience in this area. Clients who had any involvement with the OFFP should consider taking appropriate preparatory steps in expectation of an approach from the SFO.

Briefings in English - 2007

EU clamps down on unfair practices

Is the EU’s directive on unfair commercial practices a new weapon in the battle against lookalikes? We weigh up the evidence for and against. This article is based on one first published in Managing Intellectual Property in April 2007.(August 2007)

Franchising: time to explore the opportunities?

Paul Joseph, an intellectual property lawyer in the Consumer Products and Retail Sector Group of international law firm Freshfields Bruckhaus Deringer provides a legal perspective on what the franchising model entails, the benefits it can offer to forward-thinking businesses and how to manage the potential risks. This article is based on one first published in BRC now The Retailer. (August 2007)

Product recall – ‘The Toys Story’

This is an article written for The Grocer by Tom Snelling. He is a lawyer in Freshfields Bruckhaus Deringer’s consumer products and retail group. (August 2007)

REACH: what the EU’s new chemical reforms mean for consumer products companies

This article is based on one first published in The International Comparative Legal Guide to Product Liability 2007. (August 2007)

REACH Regulation: Registration, Evaluation and Authorisation of Chemicals

After years of intense political wrangling, the European Council adopted the final text of the EU’s new chemical safety regime, REACH, on 18 December 2006 (Regulation (EC) No 1907/2006). Its adoption followed months of negotiation between the Council, the European Parliament and interest groups, resulting in a last minute deal that, though representing a step back from the more stringent measures at one point proposed by the European Parliament, will still present significant challenges for the chemicals industry and downstream users of chemicals, not least of which will be the cost implications of achieving compliance. Proponents of REACH assert that REACH will both reduce the environmental and health impacts of hazardous chemicals and increase consumer confidence in their safety. The ramifications of REACH, setting as it does a new global benchmark for chemicals legislation and best practice, are also likely to be felt worldwide. We have prepared this guide to help you understand the key provisions of the new REACH regime and its likely implications for industry. (April 2007)

Briefings in English - 2006

Product risk and liability: benchmarking, best practice and product stewardship

In many industry sectors, technical compliance with legislative requirements is not enough to gain the confidence of regulators or consumers. This is particularly true in the consumer products industry, where manufacturers and importers are often expected to achieve industry standards that surpass legislative norms. (March 2006)

Product risk and liability: the new EU food law regime

EU food law has undergone what previous Commissioner David Byrne called 'thorough root and branch reform' in recent years. His successor, Markos Kyprianou, has taken the same stringent approach. (March 2006)

Responses to the obesity ‘epidemic’

This briefing discusses the different approaches of the US and European governments towards the obesity 'epidemic'. (February 2006)

Briefings in English - 2005

Distribution and retail in the PRC

After many delays, applications by foreign companies to conduct distribution and retail activities in China are being accepted in earnest by the government. This briefing looks at the legal framework and how foreign-owned businesses are now working under this to enter China's distribution and retail market. (July 2005)

Getting it right: product recall in the EU

What is driving the high level of consumer safety activity in the EU? This report answers this and other questions on the basis of a major international study into industry attitudes to product safety and recall in the EU. (March 2008)

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