MANAGING AND RESOLVING LABELLING CLAIMS
CD: How have labelling requirements evolved in recent years? How rigid are the standards for product labelling in your jurisdiction?
Ruttloff: In Europe, labelling requirements have become increasingly important in recent years. Labelling standards with regard to aspects such as manufacturers’ or importers’ contact data, Conformité Européenne (CE) marking and similar labelling obligations, mandatory hazard and safety information are fundamentally strict. Regulatory requirements for the design, size and, in many cases, content of the labels are generally very specific and narrow. Even comparatively minor deviations from these requirements can lead to complaints. The number of proceedings in this regard has increased steadily in recent years and gained in general importance.
Bush: Product labelling requirements in the US are complex. Overlapping regulatory requirements exist from both the federal and state governments. There has been a rise in recent years of states and cities across the country seeking to enact mandatory labelling provisions on consumer goods. Depending on the industry, the regulatory requirements can be very strict. For example, prescription medications are heavily regulated by the Food and Drug Administration (FDA), and in general the language on the product label must be pre-approved by the FDA. On top of the regulations, product labels are governed by state tort law, the details of which differ from state to state. In general, state tort law requires that product labels warn of the dangers of the product, such as product liability claims, and that labels not be misleading, such as consumer fraud claims. In many cases, these tort claims can be brought even if the company complied with all state and federal regulations. In other words, the tort system can impose requirements above and beyond the regulatory system.
Apr-Jun 2022 issue
Gleiss Lutz
King & Spalding LLP