Eversheds International
Global home
Food
- Introduction
- Areas of expertise:
- Food labelling, advertising and sales
- Food composition
- European food regulation
- Product liability and product recalls
- Environment and packaging
- Health and safety
- Competition
- Defending prosecutions
- Corporate finance
- Commercial contracts
- Commercial disputes
- Liability claims management
- Human resources
- Tax
- Franchising
- Brand and other IP protection
Product liability and product recalls
Consumer recalls and trade withdrawals can be a major headache for retailers and an expensive exercise for food manufacturers. Recent experiences with the Food Standards Agency and the European Food Safety Authority suggest further tightening of food safety and food hygiene regimes across Europe with regulators under increasing political pressure to take enforcement action.
We have experience of dealing with major recalls, whether a consequence of safety or quality concerns following ingredient contamination, mis-labelling or packaging issues. Our team of lawyers with specialist food sector experience can assist you in minimising the impact of serious incidents. Our services are pan-European and are offered on a 24/7 basis.
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We assist food companies in implementing consumer recalls and trade withdrawals - liaising with Environmental Health Officers, Trading Standards or the FSA; limiting brand exposure; reassuring customers and managing any adverse publicity.
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Whether the crisis is product tampering, supermarket blackmail or a major recall, we help companies to get the right team and strategy in place in the crucial 48 hours after an incident. We understand that sensitivity to PR and brand reputation is paramount.
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We provide awareness training in relation to crisis management for food businesses to ensure that they have appropriate procedures in place to deal with any serious incident and minimize the potential brand damage which may arise.
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We assist with the preparation of contingency plans and the simulation of product recalls, plus tailored crisis management training to Boards and senior management.
As well as advising on the legal issues arising out of incidents, we offer practical and commercial guidance on the best strategy for managing key external relationships with suppliers, customers, regulators, insurers as well as the intense media interest in situations where protection of the brand is paramount.
Many of the matters in which we have become involved are extremely commercially sensitive and never enter the public domain. Indeed, we see this as a measure of our success in helping to protect our clients' brands.
Our experience
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Advising a number of clients in relation to the Sudan 1 and Para Red recalls, the largest ever food recalls in the UK with associated measures taken in several other EU jurisdictions, and in recovering very significant claims from suppliers and insurers.
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Advising on a major incident involving an outbreak of listeria linked with eight fatalities involving a withdrawal of yoghurt following a Food Hazard Warning, This involved responding to parallel investigations by the Department of Health, the police and the Health and Safety Executive.
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Advising on an outbreak of Legionnaire's disease at a leading hotel and managing the situation effectively to ensure that no prosecution was brought against the hotel.
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Responding to a very significant incident involving defective food packaging involving co-ordinating product liability advice and remedial measures across several jurisdictions.
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Managing a serious incident involving the deliberate contamination of sandwiches by a disaffected ex-employee. This involved liaison with police and PR agencies to protect the brand and reassure the public.
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