The Australia New Zealand Food Standards Code (the Code) sets out Food Standards that are legislative instruments under the Legislative Instruments Act 2003. A new Standard to regulate nutrition content claims and health claims on food labels and in advertisements became law on 18 January 2013 (Standard 1.2.7) (the Standard). The Standard sets out conditions … Continue reading
Beyond the United States’ Physician Payments Sunshine Act reporting requirements, international pharmaceutical and device companies must account for a growing number of transparency requirements related to their interactions with healthcare professionals. For example, in France, the Bertrand Act requires transparency related to: (1) the agreements between companies and healthcare professionals (HCPs) and (2) any benefits, … Continue reading
On 2 March 2015, minority independent Federal Member, Bob Katter, introduced into the Australian Parliament the Imported Food Warnings Labels Bill 2015. This Bill seeks that all imported food products carry the label: Warning: Imported Food. This food has not been grown or processed under Australian health and hygiene standards and may be injurious to … Continue reading
Scotland launched the Food Standards Scotland (FSS) on April 1, 2015. FSS is Scotland’s public sector food agency that took over responsibilities previously carried out by the United Kingdom’s Food Standards Agency (FSA). In 2010, United Kingdom government had transferred the responsibility for nutrition and food labeling standards in England from the FSA to the … Continue reading
The World Health Organization (“WHO”) dedicated last week’s World Health Day to spreading awareness of food safety. World Health Day is celebrated on April 7 each year to mark the anniversary of the 1948 founding of the WHO. In the past, the WHO has highlighted issues such as vector-borne diseases, hypertension, and aging. This year, … Continue reading
Earlier this year, the Chinese government introduced further regulations setting out a framework for private investment in senior care. With the 60 and over population in China expected to reach 300 million by 2025, senior care is becoming a pressing issue as demand in China increases. Investors interested in China’s senior care market can learn … Continue reading
The issue of reforming class actions for pharmaceutical claims is highlighted in this opinion piece by Partner Toby Biddle on the Vioxx litigation. This article was originally published by Pharma In Focus and is reproduced with permission. Vioxx case highlights class action difficulties A decade of litigation over MSD’s Vioxx (rofecoxib) may prompt reform around … Continue reading
The European Food Safety Authority (EFSA)’s Panel on Biological Hazards recently published a Scientific Opinion that concluded that the risks associated with drinking raw milk need to be better communicated to consumers. Tasked with identifying the risks associated with drinking unpasteurized, or raw, milk, the panel concluded that there are “clear links” between consumption of raw milk … Continue reading
The Chinese government recently announced guidelines for the easing of market access barriers in a number of industries. The medical and healthcare industry has been identified as one of these key sectors. The new regulations aim to encourage more private and foreign investment to further develop the country’s healthcare infrastructure. Starting 1 January 2015, the government will … Continue reading
The possible introduction of a United States-type False Claims Act (FCA) in Australia will see a sharp increase in allegations of fraudulent conduct in many industries, particularly for those in the pharmaceutical industry. The cost of fraud to the public purse arising from fraud is well documented. Many of the large-scale cases of fraud successfully … Continue reading
The Agricultural Growth Act (Bill C-18) was recently passed by Canada’s House of Commons and is now in its final stages of becoming law. It has passed second reading in the Senate and was referred to the Senate Standing Committee on Agriculture and Forestry on December 9, 2014. The final stages will be for the … Continue reading
Tim Hortons Inc. has agreed to be purchased by Burger King Worldwide, Inc., which would create the third-largest fast food company in the world with estimated combined sales around $23 billion USD and restaurants in 100 countries (reported here). The merger would provide Tim Hortons with expansion opportunities into new markets. As part of the … Continue reading
In early December 2014, an outbreak of H5N2 strain of avian influenza was found in BC. To date, eight chicken and turkey farms have been affected, and more than 140,000 turkeys and chickens are to be euthanized. The outbreak marks the fourth of such kind at Canadian farms. The scale to date is smaller when … Continue reading
On December 2, a coalition of 207 organizations representing a broad segment of the United States economy, including farm, ranch, consumer, and manufacturing interests, delivered a letter to the Senate, urging Senate leaders to continue supporting the United States country of origin labeling (“COOL”) law, despite continued attack by the Canadian and Mexican governments at … Continue reading
At the Asia-Pacific Economic Cooperation (APEC) summit in Beijing in November, the US and China agreed for a trade pact to eliminate global tariffs on high-tech goods including medical equipment. This is a major breakthrough in negotiations over the update in the World Trade Organisations’ 1996 Information Technology Agreement (ITA). It is anticipated that an expanded … Continue reading
On November 14, 2014, Canada’s Minister of Health announced her intention to issue a marketing authorization permitting certain gluten-free claims for specially produced oats. Whether or not oats that do not contain gluten from wheat, rye, barley, (or hybridized strains), could claim to be “gluten-free” has been debated within Canada’s health and food authorities for a number … Continue reading
On November 13, 2014, Club Coffee announced that it had filed a complaint with Canada’s Competition Bureau in connection with the conduct complained of in its Ontario court proceeding (see our previous report available). Under section 9 of Canada’s Competition Act, any six persons resident in Canada (who are over the age of 18) and who … Continue reading
On November 5, 2014, the United States Department of Agriculture’s (“USDA”) Food Safety and Inspection Service (“FSIS”) issued a constituent update approving four Chinese poultry processing plants’ ability to export cooked chicken into the United States. The USDA also announced the names of the four plants that have been approved: Shandong Delicate Food Company, Ltd.; Qingyun Ruifeng … Continue reading
Pharma in Focus recently interviewed Rick Robinson, Norton Rose Fulbright’s global co-head of life science and healthcare and his Australian colleague and Norton Rose Fulbright partner Richard Fogl. Discussing Australia’s drive for more transparency in the medical systems, both Robinson and Fogl caution within the article that “Australia should not ‘rush’ into a system of … Continue reading
In the United States, the healthcare industry is familiar with the Sunshine Act’s tracking and reporting requirements related to payments and transfers of value to physicians, as well as to physician ownership and investment interests. And around the world, new rules and policies are seeking to increase transparency. For example, the Norton Rose Fulbright’s UK briefing, … Continue reading
In a lawsuit recently launched in Ontario, Canada Club Coffee, a Canadian coffee roasting company, has sued the makers of Keurig coffee brewers for $500 million dollars for alleged breaches of the CanadianCompetition Act and Trade-marks Act. In addition, Club Coffee has asked the Ontario Superior Court of Justice to award $100 million dollars in additional punitive … Continue reading
Health Canada recently published a proposal to extend Canada’s Lists of Permitted Food Additives to permit the use of tripotassium phosphate, potassium tripolyphosphate, sodium potassium tripolyphosphate and sodium potassium hexametaphospahte in certain standardized and unstandardized foods sold in Canada. The proposal was published following receipt by Health Canada of five food additive submissions seeking approval for the … Continue reading
The Canadian Food Inspection Agency (CFIA) recently announced that it is in the process of modifying the procedure for certifying compliance with the Fish Inspection Regulations. This step is the latest phase of a two-year plan originally identified by the CFIA in 2012. These changes will affect export certification and export eligibility lists. Like meat and poultry, Canada carefully regulates … Continue reading
The Supreme Court of Canada has refused leave to appeal in a decision of the Ontario Court of Appeal regarding the rights of an individual to run a “cow-share” program providing unpasteurized milk and milk products to program members bringing an end to years of litigation between the organic milk farmer and the Government of Ontario and … Continue reading