1st Food Law in Asia International Conference – Export, Labelling and Countering Fraud

I am very proud to announce that I will be chairing this one of a kind event in Europe, realised by Lexxion Publisher and supported by Food Industry Asia (FIA) and HFG Law Firm, one of the leading firm in China in food and intellectual property sectors.

A special thank to my colleague and friend Nicola Aporti for helping out in everything.

The event will be on 12th June 2017 in Amsterdam, Hampshire Hotel – American.

This first international conference on Asian food law, will be bringing together experts and practitioners from various European and Asian countries. High-profile lecturers from industry and private practice will familiarise participants with the ins and outs of the Asian food market and answer their questions.

The speakers will provide an insight into the legal and regulatory complexities of the Asian food market, update participants on the most recent developments in Asian food law and introduce them to the most relevant cultural aspects of the region. The sessions will combine presentations, case studies and Q&As allowing you to discuss your questions with our experts.

Speaker’s list:

  • Cesare Varallo
    Food Lawyer in Italy, Vice President – Business and Regulatory Affairs EU – INSCATECH, Turin (Chair)
  • Nicola Aporti
    Head of Corporate and Food Regulatory, HFG Law & Intellectual Property, Shanghai
  • Akihisa Shiozaki
    Partner at Nagashima Ohno & Tsunematsu, Tokyo
  • Katia Merten-Lentz
    Partner at Keller and Heckman LLP, Brussels
  • YiFan Jiang
    Regional Regulatory Affairs Manager at Food Industry Asia (FIA), Singapore
  • Fabio Giacopello, Partner at HFG Law & Intellectual Property, Shanghai
  • Michael Jahnz, Senior Manager at Wessling Consulting Ltd., Shanghai
  • Tania Porsgaard Bayer, Team Manager Regulatory Affairs at Arla Foods Ingredients, Denmark

You can find the full program here and register here.

For more information about the event, please contact Clara Hausin at hausin@lexxion.de or write me at foodlawlatest@gmail.com

Hope to see you there!

Here below a taste of the topics:

A General Introduction to Export in Asia

  • Cultural issues
  • How to incorporate regulatory aspects into your export strategy

Cesare Varallo, Food Lawyer in Italy, Vice President – Business and Regulatory Affairs EU – INSCATECH, Turin

The Policy and Regulatory Landscape for the Food Industry in Asia: Challenges and Opportunities

  • Complexity of the regulatory environment in Asia
  • Key challenges (food safety and nutrition policies, SPS and TBT issues, regulatory differencies etc.)
  • Opportunities for harmonisation

YiFan Jiang, Regional Regulatory Affairs Manager at Food Industry Asia (FIA), Singapore

Export from the EU to China: General Trade Issues

  • Structure of competent authorities
  • Registration and general requirements for export
  • Mandatory labelling
  • Novel foods

Katia Merten-Lentz, Partner at Keller and Heckman LLP, Brussels

Advertising, E-Commerce and Consumer Protection

  • Intellectual property & advertising
  • E-commerce
  • Consumer protection & compliance

Nicola Aporti, Head of Corporate and Food Regulatory, HFG Law & Intellectual Property, Shanghai

Milk Sector and Infant Formula in China

Tania Porsgaard Bayer, Team Manager Regulatory Affairs at Arla Foods Ingredients, Denmark

Important local testing standards for the Chinese market

  • Differences to ISO testing standards
  • Recent news in Chinese standards

Michael Jahnz, Senior Manager at Wessling Consulting Ltd., Shanghai

The Impact of the EU GI on the Chinese Trademark System

Fabio Giacopello, Partner at HFG Law & Intellectual Property, Shanghai

New Developments in Japanese Food Law

  • Recent developments in Japanese food law and labelling requirements
  • Newly introduced sanctions on mislabeling
  • Case studies on crisis management relating to the Japanese food market

Akihisa Shiozaki, Partner at Nagashima Ohno & Tsunematsu, Tokyo

Counterfeiting and Food Frauds Issues in Asia

  • Practical examples
  • How to prevent fraud and protect your brand
  • The transparency challenge and ongoing initiatives in Asia

Cesare Varallo, Food Lawyer in Italy, Vice President – Business and Regulatory Affairs EU – INSCATECH, Turin

Final Round-Table Discussion with Companies and Trade Association Representatives

Evaluation and fitness check roadmap of EU consumer law

The Commission published today an evaluation and fitness check roadmap of consumer law.

Plans for a Fitness Check of legal acts related to consumer rights and advertising were first announced in the 2013 REFIT Communication . The Commission Work Programme 2015 included, as one of the REFIT actions in the area of Justice, Consumers and Gender Equality, a Fitness Check of key EU directives in the area of consumer rights and advertising:

Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive);

Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees (Sales and Guarantees Directive);

Directive 93/13/EEC on unfair terms in consumer contracts (Unfair Contract Terms Directive). The above-mentioned directives are part of the body of general EU consumer law. For consistency reasons and to ensure comprehensive evaluation the following Directives should also be subject to the Fitness Check:

Directive 98/6/EC on consumer protection in the indication of the prices of products offered to consumers (Price Indication Directive);

Directive 2006/114/EC concerning misleading and comparative advertising (Misleading and Comparative Advertising Directive);

Directive 2009/22/EC on injunctions for the protection of consumers’ interests (Injunctions Directive). The following Directive will be evaluated separately by the Commission in accordance with its Article 30:

Consumer Rights Directive 2011/83/EU. The outcome of this separate evaluation of the Consumer Rights Directive will feed into the conclusions of the Fitness Check.

There will be several types of consultations during the Fitness Check:

• Online public consultation of 12 weeks in order to provide an opportunity for the public to participate in the evaluation;

• Targeted consultation of representative organisations (Member states authorities, businesses and consumer and industry organisations) – by surveys, interviews and case studies performed by the Commission’s external contractor;

• Targeted online consultation of a representative number of consumers in each Member State performed by the external contractor;

• Case studies with businesses in each Member State, in particular SMEs, performed by the external contractor.

In addition, the Commission will organise 2 events for Member States experts and other stakeholders and will inform and consult them through the existing networks.

The overall aim of the Fitness Check is to analyse the  and EU added value of the policy framed by the directives subject to the Fitness Check. The focus of the Fitness Check will be to assess whether the fundamental objectives of these directives have been efficiently achieved and fully delivered.

In particular, it will assess whether these directives have efficiently achieved consumer protection and market integration objectives. It will analyse whether they have usefully contributed to the Single Market by enhancing consumers trust and confidence as well as by removing unjustified regulatory obstacles hindering cross-border trade in goods and services. As already highlighted in the context of the DSM Strategy and in the preparatory works for the above-mentioned proposal for a Directive on online and other distance sales of goods, the differences between national rules based on the minimum harmonisation nature of the Sales and Guarantees Directive have created Single Market barriers that impede businesses from offering goods across the entire EU and – as a result – consumer detriment.

The Fitness Check should also examine whether these instruments capture and reflect the current market trends and, in particular, changes in the markets and the behaviour of consumers. The questions related to redress will be an important part of the exercise. The Fitness Check should further assess how well these legal instruments fit within the overall Union’s legal landscape, taking into account also its international dimension. The Fitness Check will also explore ways to improve the application of the current EU legal framework.

In addition, the Fitness Check should assess the potential for simplification in the current regulatory framework and the reduction of regulatory costs and burdens while guaranteeing a high level of consumer protection. The directives subject to the Fitness Check have been enacted at different periods of time and regulate specific aspects of consumer rights, whilst at the same time pursuing the same common objectives. The Fitness Check will therefore explore whether and to what extent a potential codification of EU consumer law into a single EU instrument could bring added clarity, remove overlaps, and fill any gaps.

For example, the Fitness Check should analyse the interplay between the information requirements provided in the Unfair Commercial Practices Directive, the Price Indication Directive and the Consumer Rights Directive to see if there is a room for clarification or simplification. The Fitness Check will also assess whether the provisions of the Unfair Contract Terms Directive could be reinforced by, for example specific rules on standard terms that are always prohibited (that already exist in certain Member States which have introduced rules beyond the minimum requirements of the Directive) and whether the current minimum harmonisation nature of this Directive constitutes a barrier to the Single Market. As regards the Sales and Guarantees Directive, the Fitness Check should in particular assess its relevance in promoting more durable products and contributing to a circular economy.

Next to their application in the business-to-consumer (B2C) relations, the Fitness Check will analyse the need and potential for the application of the existing consumer rules also in business-to-business (B2B) transactions, in particular the transactions with the SMEs, by taking account of the B2B rules already laid down in the Misleading and Comparative Advertising Directive, and in transactions between businesses and non-for-profit entities that do not qualify as consumers under the current rules. The Fitness Check will also analyse the issues arising in consumer-to-consumer (C2C) transactions (increasingly relevant due to the rise of the sharing economy) and in consumer-to-business (C2B) relations.

The fitness check should be completed in the second quarter of 2017.