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The Law of Product Warnings and Recalls in Canada, 2nd Edition
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The Law of Product Warnings and Recalls in Canada, 2nd Edition will help any company that manufactures, imports, distributes or sells products in Canada to understand the law relevant to warnings and recalls, and to employ best practices and risk management strategies to avoid product liability. It provides a general overview of product liability law including causes of action and available damages, discusses different duties owed at common law and under statute, and describes legislative and regulatory requirements across the country. Guidelines and checklists are included to assist companies in preparing for or implementing a product recall.
The Law of Product Warnings and Recalls in Canada, 2nd Edition also provides an overview of product warning and recall laws and regulations across foreign jurisdictions such as the United States, the European Union, the United Kingdom, Australia and New Zealand.
- Provides uniquely Canadian case studies as examples of how (and how not) to handle product recalls, and offers valuable insights on how best to meet the challenges faced
- Provides a comprehensive look at how other countries handle warnings and product recalls, covering products such as motor vehicles, drugs, medical devices, food and consumer products
- Guidelines for companies that set out what is needed in order to develop a plan for conducting a recall before it happens, including regulator guidance and industry codes of practice
- New and updated appendices providing points of reference and practical application and information for practitioners
- Legislative and regulatory developments and updated case law
- New guidelines from Health Canada and the Canadian Food Inspection Agency
- Expanded content on tort-based claims including the elements required to bring or defend an action for negligence, the most common basis of product liability
- Completely revised sections addressing legislated warning labels for: cannabis, certification bodies, containers used in international transport, cosmetics, consumer products, drugs, electrical products, explosives and ammunition, fertilizer, food, medical devices, motor vehicles, natural health products, pest control products, radiation emitting devices, textiles, and tobacco products
- Rewritten content on protocols for recalls in Canada under statute for consumer products, cosmetics, drugs, food, electrical products, medical devices, motor vehicles, natural health products and pest control products
- Updated overview of product warning and recall laws and regulations in key foreign jurisdictions
Who Should Read This Book
- Civil Litigation lawyers – to assist with product liability claims and defences
- Corporate lawyers – to advise clients on meeting their legal requirements when selling or distributing products in Canada
- In-house counsel – to understand the standards for product warnings and recalls, and navigate product liability
- Corporate risk managers – to help with the development of effective product warnings and with the execution of product recalls
- Exporters to Canada – to understand the duties and obligations of those putting products into the Canadian marketplace
- Law Students – to gain insight into important areas of business and consumer law
Table of contents
Chapter 1: Overview of Product Liability Law
Chapter 2: The Duty to Warn and the Adequacy of Warnings
Chapter 3: Is There A Duty to Recall? A Look at the Common Law
Chapter 4: Protocols for Recalls in Canada under Statute
Chapter 5: Foreign Jurisdictions
Chapter 6: Guidelines for Companies
Appendix A: Industry Guide on Mandatory Reporting under the Canada Consumer Product Safety Act – Section 14 Duties in the Event of an Incident
Appendix B: A Guide to Voluntary Recall of Consumer products or Cosmetics in Canada
Appendix C: Recall Procedure: A Guide for Food Business
Appendix D: A Guide for Preparing a Preventive Control Plan for Domestic Food Business
Appendix E: Industry Guidance – “Danger to Human Health or Safety” Posed by Consumer Products
Appendix F: Cannabis Voluntary Recall Guide
Appendix G: Guide to Recall of Medical Devices (GUI-0054)
Appendix H: Canada Consumer Product Safety Act
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