Product Regulation & Liability

Key Contacts

Barutciski Milos High Resolution Image Milos Barutciski
Partner and Co-Head, International Trade and Investment Law
T: 416.777.6556
Eizenga Michael High Resolution Image Michael A. Eizenga LSM
Partner, Co-head of Class Actions
T: 416.777.4879

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 expert 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; and
  • energy.

Select Experience

Food, Drugs and Medical Devices

  • 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.

Recent Recognitions

  • 2017, The Canadian Legal Lexpert Directory

    Bennett Jones, repeatedly recommended, Litigation - Product Liability, Calgary

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