Earlier this year, lawyers Samer Awadh and Chris Nyberg wrote the Canada chapter of the third edition of The Food, Beverage and Cosmetics Law Review.
As Chris and Samer note in the Overview, the food, beverage and cosmetic industries are highly regulated in Canada. The manufacture and sale of food and beverage products are primarily governed by the federal Food and Drugs Act (FDA) and Safe Food for Canadians Act (SFCA). Each province and territory has also enacted additional legislation concerning public health and agricultural and food production applicable to their jurisdiction.
In addition, cosmetics are primarily regulated under Cosmetics Regulations issued pursuant to the FDA and the Consumer Packaging and Labelling Act (CPLA). The federal government regulates the manufacture, importation and labelling of cosmetics, whereas provinces and territories oversee the provision of cosmetic services and the establishments in which services are provided. Although provincial and territorial legislation generally does not regulate the production of cosmetics at this time, companies should be aware of any applicable local directives, such as public health regulations, which may be applicable to their business.
Samer and Chris also provided a bird’s eye view of the year in review. In particular, the Canadian food, beverage and cosmetic industries were in a constant state of flux. Canadian agribusiness and food activity slowed in 2022 due to increased interest rates, industry performance, increased commodity prices and other macro-economic factors. That said, venture capital investment in Canadian agribusiness thrived in 2022, supported by such government programs such as the $350-million Venture Capital Catalyst Initiative and other federal and provincial incentives and tax credits.
Other topics covered in the chapter include: Food and cosmetic safety, supply chains, sales and marketing, product liability, intellectual property, trade organizations, financing and M&A, and special issues for certain products such as cosmeceuticals, cannabis, alcohol and natural health products.
Taking a global perspective, nine other countries were also featured in the review – Argentina, Brazil, Chile, Germany, Mexico, Saudi Arabia, Spain, Switzerland and the U.S.
The Food, Beverage and Cosmetics Law Review was published online via Lexology.
MLT Aikins agriculture and food practice group has extensive experience, in-depth technical knowledge and a unique understanding of the emerging issues, challenges and opportunities in the fields of food, agriculture and life sciences.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.