QUALITY LAW

The name of this practice is our original idea! What is it about?

For many years, we have been advising on product features, primarily their quality, compliance with relevant regulations and information obligations to purchasers.

There are numerous quality regulations in Poland and the European Union which apply to manufacturers, importers or distributors. State authorities with broad competences are responsible for the application of these regulations, ranging from the imposition of an order to introduce certain corrections in communication with consumers to the obligation to withdraw a product from the market (delisting). State authorities can also impose fines, e.g. PLN 20 000, but also a multiple of the value of the goods sold or even 10% of the annual turnover. Individual managers may be subject to individual criminal liability.

Enforcement powers are held by, among others, UOKiK, Sanepid, Trade Inspections, Agricultural and Food Quality Inspections, Building Control Inspections or customs authorities.

A typical case starts with an inspection at a factory, warehouse or shop, often prompted by complaints from consumers or competitors. Samples of the goods are taken and sometimes laboratory tests are conducted. The authorities may also have objections to the terms used on the packaging, including even the trade name of the product, the description of the performance or characteristics, the content of the warranty or guarantee or the information addressed to consumers.

The proceedings of the authorities are administrative in nature, the appeal procedure is the provincial administrative courts, the Supreme Administrative Court and in some cases the commercial courts (SOKiK).

We have gained extensive experience in handling quality law cases. We advise clients before all authorities and courts. We also provide preventive protection through compliance activities. We efficiently navigate through the maze of hundreds of laws, Polish regulations and the multitude of EU regulations.

Examples of cases we have successfully handled:

• a case concerning the labelling and packaging of products of plant origin in the context of potential consumer confusion;
• a number of product safety cases in the do it yourself market and in the market for toys and other children’s products;
• a matter of dietary supplement safety;
• a case concerning the contamination of a baby food product with a bacterium.

Contact: r. pr. Zuzanna Ochońska-Borowska, apl. adw. Anna Pietrzyk