The anticipation of a new product launch can overlook compliance and other legal issues. Solicitor Tom Bodkin looks at four of the most important to keep in mind.
Published in association with
LAUNCHING a new consumer product is exciting, with a great deal of attention going on the branding, packaging, and every touch point of the consumer experience. But behind the scenes, it is important to pay just as much attention to the legal issues if you are to maximise value from this new product in the long term.
“The excitement and desire to launch a consumer product can sometimes lead to shortcuts or failures in addressing legal issues, often because the regulatory requirements are not reviewed in good time ahead of launch,” said Tom Bodkin, a partner with Borneo Martell Turner Coulston Solicitors in Northampton.
“This can lead to problems down the road and unexpected costs to the businesses afterwards if found in non-compliance. In the worst case scenario, you could face having to issue a product recall.”
It is always worth conducting a detailed review of the product and all applicable laws in ample time ahead of any soft or proper launch.
Consumer laws
The two key pieces of legislation applicable to consumers and sellers of consumer products are the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Not only should you familiarise yourself with these laws, but parts of them may need incorporating in documents such as your terms and conditions or implementing within your website and e-commerce system.
Identify laws specific to your product
Depending on the type of product you are launching, there will inevitably be other more product-specific laws you will need to research and comply with. For example, a food product will need to adhere to current food labelling regulations or beauty product will also have industry-specific regulations for safety and labelling purposes.
Brand protection and intellectual property
Another specialist area of law to consider for your products will be intellectual property, including brand protection. Perhaps your product requires or warrants a patent or protection of its design, or you want to obtain one or more trade marks, or even copyright protection if your product is digital content based.
Data protection laws
Protection of your consumers’ data is a topic in itself but, needless to say, this is one of the primary and most important areas of law any retail product launch needs to ensure compliance with if selling direct to consumers.
A deep understanding of target areas of sale, types of data that will be processed, and whether sensitive data will be handled are just a few examples of how legal advice is needed to ensure a robust data protection protocol is put in place in your business.
How we can help
The above are of course not exhaustive but a selection of the most common areas where compliance is necessary. We understand that launching a retail product is not simple and there are many threads to the legal framework your business must navigate. Our team of experts can, therefore, really understand your product in order to help you put in place all the required documents, measures and protocols to give you peace of mind that your product launch can proceed smoothly, thus mitigating any aftershocks.
For further information, contact Tom Bodkin on 01604 622101 or email
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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