Product Liability & Regulation

PRODUCT LIABILITY & REGULATION

Global manufacturers, importers, distributors and retailers are obligated to do all they can to ensure the safety of their products. However, no matter the due diligence, circumstances can arise in which a product causes injury or personal loss, spurring legal action by the consumer. McMillan’s product liability lawyers have garnered international recognition for their expertise in defending product liability suits and class actions. Our unparalleled strength and depth in this area has also been recognized by the world’s leading manufacturers and distributors, who regularly retain us to defend their products and their brands.

McMillan’s product liability team works collaboratively with our industry specialists and lawyers in our class action practice. As a firm, we are committed to delivering creative solutions that help clients successfully defend against — or ideally, avoid — costly and potentially damaging liability cases.

Our product liability lawyers help clients by advising on industry-specific or general compliance and regulatory issues; assisting with product recalls and crisis management; defending against libel, slander and improper claims; helping assess potential financial and enterprise risks; and prosecuting counterclaims for product tampering or extortion.

PRODUCT SAFETY REGULATORY

Product safety regulation is on the rise as is the routine sharing of information among regulators. Governments have imposed responsibilities on every link in the distribution chain to ensure the safety of products intended for consumers. Any misstep can significantly harm relationships with regulators and expose companies to increasingly stringent penalties, recalls and serious brand damage. That makes it critical to know both the requirements and the agencies that enforce them. McMillan lawyers work with companies that manufacture, distribute or sell consumer products, from packaged food to children’s toys to household appliances. We know the laws and regulations that govern consumer product safety across Canada and are well-versed in dealing with relevant regulatory agencies.

Our product liability lawyers assist clients with regulatory compliance for consumer products, including drugs, medical devices, food, appliances, toys, clothing, recreational products, electrical products, motor vehicles, tires and child restraints.

McMillan helps clients by ensuring compliance with the requirements of among others, the Canada Consumer Product Safety Act, the Motor Vehicle Safety Act, the Food and Drugs Act, the Consumer Packaging and Labelling Act, and Ontario’s Electricity Act; counselling on record keeping and incident reporting requirements; developing internal compliance protocols and programs; developing product warnings and labels that comply with safety laws; providing counsel when incidents and investigations arise; and managing product recalls, often as part of a global team.