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Wiggin LLP | United Kingdom | 7 May 2021

Government publishes response to call for views on consumer smart product cybersecurity regulation proposals

In July 2020 the government announced that it planned to change the law to make smart products more secure and published a call for views on its proposals. Having received 110 responses from organisations and individuals, the government has now published its response. The government says that it will legislate, when parliamentary time allows, to create a new robust scheme of regulation to......
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Westerberg & Partners Advokatbyrå Ab | Sweden | 9 Apr 2021

Online marketing of tobacco products

Despite being heavily regulated, the marketing of tobacco products is rarely subject to judicial review. The Act on Tobacco and Similar Products prohibits the marketing of tobacco products, with three exceptions. This article discusses a Patent and Market Court judgment which clarifies the rules which apply to the online sale of tobacco products under the act.
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PLMJ | Portugal | 17 Mar 2021

Cannabis for medicinal purposes: marketing placement FAQs

In Portugal, those who wish to place cannabis-based medicinal preparations and substances on the market must obtain a marketing placement authorisation (MPA) from the National Authority for Medicines and Healthcare Products. The preparations or substances may then be sold in pharmacies subject to medical prescription. This article answers questions regarding how to obtain an MPA.
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Westerberg & Partners Advokatbyrå Ab | Sweden | 17 Mar 2021

New legislation on tobacco-free nicotine pouches expected

In recent years, tobacco-free nicotine pouches, which are intended to be placed under the lip, have existed in a grey area with no clear rules or regulations to govern, for example, the warning labels which they must carry or their marketing. The government has therefore assigned to the Ministry of Health and Social Affairs the task of assessing and analysing how such products should be......
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Preslmayr Attorneys at Law | Austria | 10 Mar 2021

Ascertainment of (dis)conformity of in vitro diagnostics

The Supreme Court of Justice recently found that a party involved in the marketing of in vitro diagnostics devices did not infringe the Act on Medical Devices or EU Directive 98/79/EC because the devices in question bore the CE mark. The decision clarifies that only the Federal Office for Safety in Healthcare is competent to ascertain whether a CE mark is correctly affixed.
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Wanhuida Intellectual Property | China | 1 Mar 2021

Punitive damages highlighted in new judicial interpretation on food safety

The Interpretation on Several Issues Concerning the Application of Laws in the Trial of Civil Cases Involving Disputes over Food Safety (I) recently came into force. The 14-article interpretation sets out the scenarios in which various parties will be held liable and the level of compensation liability that they will assume. This article explores some of the interpretation's key takeaways,......
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Arent Fox LLP | USA | 19 Feb 2021

Glue manufacturer caught in sticky situation: $1.2 million fine for false Made in USA product labels

The Federal Trade Commission has issued a $1.2 million fine against glue manufacturer Chemence, Inc for violating a 2016 consent order requiring the company to qualify its Made in USA claims in its promotional materials and on its product packaging. To date, this is the largest fine issued over a Made in USA claim.
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Arent Fox LLP | USA | 12 Feb 2021

Rethinking Made in America preferences: Biden signs new executive order

President Biden recently signed an executive order (EO) to direct more spending of the federal government's procurement budget on American-made products, while rethinking the existing regulatory framework. By narrowing the loopholes that allow government purchases of foreign products, increasing agency accountability and directing agencies to seek out US suppliers, the EO aims to revitalise......
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Sanchez DeVanny Eseverri SC | Mexico | 3 Feb 2021

Regulations on cannabis production, research and medical use

The General Health Law Regulations for the Control of Production, Investigation and Medicinal Use of Cannabis and its Pharmacological Derivatives recently entered into force, making it possible for individuals and legal entities to engage in activities regarding the production, research and manufacture of raw materials, pharmacological derivatives and medicines derived from cannabis. This......
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Venable LLP | USA | 23 Nov 2020

Seeing green post-Election Day 2020: state trademarks for cannabis goods and services

Arizona, Montana, New Jersey and South Dakota have voted to legalise recreational marijuana use for individuals aged 21 years and older and Mississippi has voted to allow prescribed medical marijuana for people with certain conditions. While the specific regulatory frameworks concerning cannabis in these states have yet to be determined, companies involved in the cannabis industry should......
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