Torys advises clients both in pre-launch and post-launch strategy and compliance for consumer products, including foods, beverages, cosmetics, natural health products, athletic equipment and accessories, apparel, computer products, telecommunications and media products, and medical devices for consumer use.
Our pre-launch support includes advising and coordinating regulatory compliance, product approvals and product launches. Regulatory compliance includes determining a consumer product's classification and the obligations, risks and launch strategies arising from that classification. Product approval support includes preparing and filing regulatory submissions and determining safety standard requirements. Product launch support includes searching, selecting and protecting trademarks and industrial designs used in association with consumer products; advising on what is required for proposed packaging, labelling, advertising and promotion to comply with applicable laws; and designing and establishing a recall protocol so that recalls, should they happen, can be dealt with efficiently and effectively.
Post-launch, we advise on product recalls, ongoing regulatory compliance, marketing and promotional initiatives, product protection and cross-border issues. Our recall team provides immediate support if a product is recalled, or proposed to be recalled, in Canada, by aiding in handling the initial complaint; interacting with regulatory authorities in multiple jurisdictions concerning the complaint; assisting in preparing press releases and website notifications; assisting with implementation of the recall; and defending any product liability litigation that may ensue. We provide ongoing advice on the maintenance of regulatory compliance, including advice on the impact of proposed regulations on the sale of consumer products in Canada, and assistance with the maintenance of product approvals and compliance. We provide assistance with ongoing marketing and promotional initiatives, including review of advertising materials, advice on the operation of contests and advice regarding privacy compliance. We help clients to protect their products by continually maintaining and monitoring trademarks and competitor action, and providing proactive brand protection. We also assist clients with cross-border issues, including advising on grey-marketing matters where appropriate, such as the impact and prevention of consumer product spillover and differentially priced products from different jurisdictions.