Description
Book SynopsisIn recent years a number of global brands in the automotive, food, toy and consumer goods sectors have suffered following (badly handled) product recalls. Their brands have been damaged and they have suffered significant loss of revenue and market share. In an age when images of defective products spread around the globe in minutes, it is more important than ever for producers to be aware of their legal obligations when recalling products. It is also imperative that they have crisis management processes in place before a recall is initiated, if they are to avoid the common pitfalls. The possible criminal prosecution of directors who fail to meet their obligations adds intensity to the boardroom focus on this area. The often significant costs associated with recalls have led to the growth of insurance as a means of transferring the risk. Across jurisdictions, there are significant differences in the law and practice relating to product safety regulation, recall and liability. This is reflected in the different forms of insurance available for the range of exposures that can arise from products. Featuring chapters from Uría Menéndez, Norton Rose and Minter Ellison, this first edition covers key issues that can arise in relation to product regulation, recall, liability and insurance coverage in a number of jurisdictions in Europe, North America, South America and Asia. Whether you are a director or risk manager of a producer, distributor or retailer of products, or a lawyer or insurance professional, this guide is an essential tool. It is unique in detailing the different recall obligations and underlying liability issues of companies in jurisdictions around the world, as well as analysing the different insurance covers available for the sector-specific range of product exposures.
Trade ReviewThere is no doubt that this is and will be essential reading for anyone involved in the management or insurance of product risks, be that risk manager, underwriter or claims manager. -- Julius Crosby * QBE *
Table of ContentsPreface Mark Kendall Jason McNerlin Sedgwick, Detert, Moran & Arnold LLP Argentina Luis Barry Luis Ignacio Porthe Pérez Alati, Grondona, Benites, Arntsen & Martínez de Hoz Australia Philippa Briggs Pamela Madafiglio Minter Ellison Brazil Rosângela Delgado Lívia Miné Veirano Advogados Canada Louis P. Brien Paul A. Melançon Lapointe Rosenstein Marchand Melancon LLP David Kyffin Canadian Department of Foreign Affairs and International Trade Emma Lambert Irving Mitchell Kalichman China Alex YG An David Dai MWE China Law Offices England and Wales Mark Kendall Jason McNerlin Sedgwick, Detert, Moran & Arnold LLP France Florian Endrös Endrös-Baum Associés Germany Sabine Faust Andreas Lachmann RWP Rechtsanwälte India Dev Mishra Siddharth Misra Fox Mandal & Co Ireland Caoimhe Clarkin Michaela Herron Liam Kennedy Lucy Neligan A&L Goodbody Japan Kazuhiro Kobayashi Yugo Komori Kagenori Sako Oh-Ebashi LPC & Partners Netherlands Pieter van Regteren Altena Lorijn van der Valk Van Doorne NV Poland Tomasz Jaworski Salans Warsaw Russia Charles De Jager Salans LLP South Africa Donald Dinnie Norton Rose South Africa Spain Cristina Ayo Ferrándiz Uría Menéndez United States – California Daniel W Bir Steven D Di Saia Mathew Groseclose Sedgwick, Detert, Moran & Arnold LLP United States – New York Christopher J. Celentano ACE Christopher Novak Sedgwick, Detert, Moran & Arnold LLP
