Canada Tables Consumer Protection Legislation, by C.J. Michael Flavell, Geoffrey C. Kubrick, Martin G. Masse, & Cyndee Todgham Cherniak

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Attention Domestic Manufacturers, Importers, Advertisers and Sellers:

On April 8, 2008, Bill C-52 was tabled in the House of Commons by the Minister of Health. Bill C-52 is, "…an Act respecting the safety of consumer products." This proposed legislation protects consumers by addressing or preventing dangers to human health or safety that are posed by consumer

products in Canada (whether manufactured domestically or imported into Canada).

Canadian manufacturers, importers of consumer products into Canada, retailers in Canada and/or advertisers which communicate to consumers in Canada must understand the limitations that are being legislated and their new obligations. The potential for severe penalties is intended to ensure that persons dealing with Canadian consumers take

the health and safety of Canadian consumers seriously. The negative effects of a public accusation of harming consumers can destroy the reputation of a manufacturer, importer and/or retailer. This proposed legislation increases the risk adopted by manufacturers, importers, retailers, sellers, and advertisers which fail to:

* adopt a compliance mentality;

* conduct proper due diligence;

* implement risk management policies and procedures; and

* maintain proper books, records and reporting procedures.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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