Product Labelling & Packaging
MILLAR KREKLEWETZ LLP is a boutique Canadian law firm with lawyers who have significant expertise in assisting businesses with the Canadian regulatory requirements for the labelling and packaging of products.
The following is a short introduction to our services in this area.
Product Labelling & Packaging
Product Labelling & Packaging - General
The packaging, labelling, sale, importation and advertising of prepackaged and certain other products in Canada are subject to the federal Consumer Packaging and Labelling Act (the Act) and the Consumer Packaging and Labelling Regulations (the Regulations). For non-food products, this legislation is enforced by the Competition Bureau of Industry Canada . Administration and enforcement as they result to food products is done by the Canadian Food Inspection Agency.
Many products are however exempt from the requirements of the Act and Regulations, including medical devices, certain commercial or industrial products, and replacement parts.
The Act and Regulations generally requires prepackaged consumer products to bear accurate and meaningful labelling information to help consumers make informed purchasing decisions.
Required on a label are statements such as net quantity, and dealers principal place of business, and in some cases, the product must be identified in both English and French. The Quebec Charter of the French Language applies in the province of Quebec to generally require that all information on consumer products sold in the province be translated into French, and that the English translation (if any) not be given any greater prominence than the French.
False and misleading representations relating to prepackaged products are prohibited.
Requirements of Other Federal Statutes
Certain products may be subject to the requirements of other statutes. For example, the labelling and packaging of food, drugs, medical devices, and cosmetics are regulated under the Food and Drugs Act and their Regulations. The Hazardous Products Act applies to certain dangerous products, such as toxic, flammable or highly reactive substances.
There are also other statutes that pertain to specific food products, such as the Canadian Agricultural Products Act which regulates certain foods under various regulations.
In addition, the Marking of Imported Goods Regulations requires, for customs purposes, that certain products imported for sale in Canada indicate their respective country of origin. In these circumstances, the Determination of Country of Origin for the Purpose of Marking Goods (NAFTA Countries) Regulations and the Determination of Country of Origin for the Purpose of Marking Goods (Non-NAFTA Countries) Regulations must be consulted in determining the appropriate country of origin.
Provincial legislation may also apply to the labelling and packaging of specific articles. For example, the labelling and packaging of stuffed articles (i.e., stuffed toys) in Ontario are regulated under the Upholstered and Stuffed Articles Act. Further, as indicated above, the Quebec Charter of the French Language applies in the province of Quebec to generally require that all information on consumer products sold in the province be translated into French.
The Canadian regulatory requirements for the labelling and packaging of products can be quite complex. Accordingly, the labelling and packaging requirements must be carefully reviewed for each type of product, and professional advice in this regard needs to be obtained.
Millar Kreklewetz LLP has significant expertise in advising clients on all aspects relating to the Canadian regulatory requirements for the labelling and packaging of products, and persons needing advice on those requirements are encouraged to use the form on this page to contact us for specific legal advice applicable to their unique fact situation.