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Product Regulation

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  • Key Contacts
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services
  • Download PDF
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Related Services

Bringing a product to the Canadian market involves more than just designing, manufacturing and distributing the finished product. Businesses must also navigate a complex legal and regulatory framework established to protect public and consumer safety, ensure fair competition, safeguard the environment and advance Canada's trade and economic policy interests. Whether developing a new product, introducing foreign products into the Canadian market or assuming new regulatory and contractual obligations as a result of a merger or acquisition, our product regulation and liability practice can assist businesses at every stage of the product cycle from contractual and regulatory issues, through risk management and product liability.

Bennett Jones supports manufacturers, distributors, retailers, shippers, carriers and consumers with all legal aspects of the manufacture, use, distribution and sale of goods in Canada. We provide experienced advice and representation through the complete lifecycle of a product – from conception and design, to compliance with mandatory and voluntary product standards (including testing and certification), through marketing, distribution and after-sales service. We address all legal aspects of the commercialization process, including contractual supply chain and manufacturing issues, intellectual property matters, liability insurance and litigation, regulatory compliance, packaging and labelling, product recycling and disposal, marketing and distribution, and international trade and competition issues.

We also provide experienced representation in responding to the legal and reputational challenges that arise in the event of product defects or failures, regulatory non-compliance, recalls and product liability litigation, including class actions.

We assist foreign and domestic clients in the establishment and acquisition of manufacturing, distribution and retail businesses, including due diligence, transfer of regulatory approvals and licenses, new product rollouts and modifications and managing liability and risk.

Our experience extends to a wide range of products, including:

  • consumer goods;
  • food, drugs and medical devices;
  • electrical and electronic goods;
  • textiles and clothing;
  • hazardous products;
  • chemicals;
  • process equipment and machinery;
  • construction materials;
  • transportation;
  • pipelines;
  • energy; and
  • agricultural products.

Key Contacts

  • Michael A. Eizenga L.S.M. Michael A. Eizenga L.S.M., Partner
  • Dominique T. Hussey Dominique T. Hussey, Vice Chair and Toronto Managing Partner
  • Adam  Kalbfleisch Adam Kalbfleisch, Partner
  • Cheryl M. Woodin Cheryl M. Woodin, Partner
  • Related Lawyers

Recent Experience

Food, Drugs & Medical Devices
Consumer Products
Industrial Products
Navigating clients through classifications, approvals, licences, licence transfers, labelling, packaging and other requirements under, and compliance with:
- the Food and Drugs Act
- the Food and Drugs Regulations
- the Natural Health Products Regulations
- the Cosmetic Products Regulations
- the Medical Devices Regulations
- Federal and Provincial milk regulations.
Advising food processing, distribution and retail clients with regard to the import and export regulation of meat, dairy and processed food products, including Customs Act and Canadian Food Inspection Agency requirements.
Responding to and appealing decisions of Health Canada pertaining to the administration of regulations under the Food and Drugs Act.
Assisting pharmaceutical companies in drafting “dear pharmacist/doctor” letters and in advisories, warnings and recalls.
Advising pharmaceutical companies on applicable advertising law.
Defending international medical device companies in product liability class actions, including actions involving allegedly defective implantable materials.
Advising pharmaceutical companies in government reimbursement policies and political activity.
Representing and advising manufacturers and distributors in relation to consumer product recalls and compliance with the Canada Consumer Product Safety Act and the predecessor provisions of the Hazardous Products Act.
Monsanto Corporation, in its defence of an action alleging product defects in its Touche tomato seeds
Advising and representing manufacturers, distributors and retailers with regard to compliance, investigations and prosecutions under the misleading advertising and marketing practices provisions of the Competition Act, the Consumer Packaging and Labelling Act and the Textile Labelling Act.
Advising consumer product companies on applicable advertising law.
Advising manufacturers, direct marketers and retailers regarding compliance with provincial consumer protection legislation and representation in complaints and charges under such legislation.
Assisting consumer products companies in drafting “dear customer” letters and in advisories, warnings and recalls.
Navigating clients through classifications, approvals, licences, licence transfers, labelling, packaging and other requirements under, and compliance with, the Cosmetic Products Regulations.
Advising manufacturers, importers and exporters with regard to compliance with the New Substances Notification Regulations and other regulations under the Canadian Environmental Protection Act, 1999, the Controlled Drugs and Substances Act, the Hazardous Products Act and the Food and Drugs Act.
Advising manufacturing clients of the regulatory requirements applicable to the import and use of products regulated by the Pest Control Products Act and the Fertilizers Act. 
Advising Ontario facilities with respect to technical requirements relating to fuel handling equipment, boilers and pressure vessels.
Defending distributors and installers of insulation material in a class proceeding based on allegations of violations of the Hazardous Products Act.
Representing clients in product liability claims involving industrial goods, including reciprocating compressors, turbomachinery, valves for gas pipelines and additives in gasoline.
Representing manufacturers and distributors with regard to complaints, investigations and appeals under provincial electrical safety regulations and the Canadian Electrical Code.

Recent Recognition

Chambers Canada
Ranked, Litigation: Product Liability: Nationwide
The Canadian Legal Lexpert Directory
Repeatedly recommended, Litigation - Product Liability, Calgary

Insights, News & Events

Blog

Field Notes: Recent Pesticide Initiatives in Canada

January 26, 2023
       

Speaking Engagements

Extended Producer Responsibility and Single-Use Plastics Update

January 25, 2023
       

Blog

Balancing Act: Facilitating Trade and Worker Protection under the Hazardous Products Regulations

January 18, 2023
       

Related Services

Energy Regulatory
International Trade & Investment
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