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In 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.
PrefaceMark KendallJason McNerlinSedgwick, Detert, Moran & Arnold LLPArgentinaLuis BarryLuis Ignacio PorthePérez Alati, Grondona, Benites, Arntsen & Martínez de HozAustraliaPhilippa BriggsPamela MadafiglioMinter EllisonBrazilRosângela DelgadoLívia MinéVeirano AdvogadosCanadaLouis P. BrienPaul A. MelançonLapointe Rosenstein Marchand Melancon LLPDavid KyffinCanadian Department of Foreign Affairs and International TradeEmma LambertIrving Mitchell KalichmanChinaAlex YG AnDavid DaiMWE China Law OfficesEngland and WalesMark KendallJason McNerlinSedgwick, Detert, Moran & Arnold LLPFranceFlorian EndrösEndrös-Baum AssociésGermanySabine FaustAndreas LachmannRWP RechtsanwälteIndiaDev MishraSiddharth MisraFox Mandal & CoIrelandCaoimhe ClarkinMichaela HerronLiam KennedyLucy NeliganA&L GoodbodyJapanKazuhiro KobayashiYugo KomoriKagenori SakoOh-Ebashi LPC & PartnersNetherlandsPieter van Regteren AltenaLorijn van der ValkVan Doorne NVPolandTomasz JaworskiSalans WarsawRussiaCharles De JagerSalans LLPSouth AfricaDonald DinnieNorton Rose South AfricaSpainCristina Ayo FerrándizUría MenéndezUnited States – CaliforniaDaniel W BirSteven D Di SaiaMathew GrosecloseSedgwick, Detert, Moran & Arnold LLPUnited States – New YorkChristopher J. CelentanoACEChristopher NovakSedgwick, Detert, Moran & Arnold LLP
There 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.