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Consumer Products

United Kingdom

The consumer products industry is changing fast. You need a legal adviser that understands your world. Today’s consumer is more connected, global, and well-informed than ever before, demanding more choice, faster gratification and a direct relationship with brands. For manufacturers and retailers alike, success in the sector means driving new innovations, as well as facing the myriad challenges that come with changing regulatory frameworks, competitive pressures, new technologies, and engaging in emerging markets.

Whatever your commercial or legal challenge – whether you are looking to grow, consolidate or protect your business - your Consumer Products Team at CMS can support you through our extensive international network of local legal specialists and our deep sector expertise across each of our focus areas: food and drink, retail, fashion and luxury, health and beauty, household and manufacturing.

Our sector experts can advise you across both contentious and non-contentious legal services, including M&A, competition and antitrust, commercial contracts and distribution, labelling and regulatory, joint ventures and strategic alliances, supply arrangements, agency and franchise, point of sale promotions, product liability, product recall, IP and brand protection, marketing and advertising, anti-bribery and corruption, e-commerce and data protection.

We work with some of the biggest names in the industry, from leading food and drinks multinationals to major online retailers. We also have an established track record helping new high-growth consumer businesses reach their full potential.

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    Fashion & Luxury

    Today’s fashion and luxury brands face intense pressures, from shifting global demand patterns to disruptive new technologies. The physical and online worlds are blurring, forcing brands to rethink retail portfolios and digitise their in-store experiences. All the while companies must tackle the issues of counterfeit goods, maintaining brand reputation, and managing the bottom-line.

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    Food & Drink

    Food and drink companies operate in challenging times. Shifts in the grocery market are placing intense pressure on margins, compliance and regulatory burdens are growing, and there is mounting emphasis on supply chain transparency. Meanwhile, public interest in diet and health, animal welfare, and sustainability, as well as complex rules on nutrition and functional food claims, all form part of a complex landscape that food and drinks companies must navigate in order to run their businesses successfully.

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    Health & Beauty

    Today’s health and beauty companies face intense challenges and competition that require that managers have access to the right legal advice. Failure to factor in changes to the competition regime, whether in the UK, EU, or globally, can seriously damage a company’s growth plans.

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    Household

    Producers of household goods face a range of commercial and legal challenges, as well as intense and increasing competition. Companies need to do what they can to protect innovative concepts and designs, and also to protect the brand, both in terms of their own and competitors’ advertising claims, and more generally in the media. A new era of connected smart devices is also driving significant new opportunities for the industry, but raises new challenges as companies race to develop or acquire IP and grapple with the data protection implications of the Internet of Things.

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    Manufacturing

    The manufacturing industry is experiencing a period of significant transformation as global economic, social, regulatory and technological trends fundamentally change how and where goods are produced and sold. Manufacturers are under pressure to deliver new innovations faster, with greater customisation, all whilst maintaining profitability and reducing risk.

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    Retail

    The retail sector in the UK and internationally faces unprecedented disruption. Retailers must adapt rapidly as the lines blur between the high street and online retails, as the requirements of omnichannel place pressure on supply chains, and as consumer behaviours continue to change.

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    Highlights of our experience in Consumer Products...
    Law-Now: Consumer Products
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    Guy Pendell
    11 January 2017
    Consumer products and retail disputes and investig...
    09/03/2017
    Business rates: Government response on Check, Challenge, Appeal c...
    On 8 March, the government made two announcements which will affect the business rates regime going forward: DCLG published its response to the consultation on implementation of the Check, Challenge, Appeal procedure; and the Chancellor announced additional.
    11 January 2017
    Food and beverage
    06/03/2017
    PIP-case: ECJ clarifies scope of notified body’s responsibilities...
    In the PIP-case, a French manufacturer supplied thousands of women with (allegedly) defective breast implants. Amongst others, patients in Germany started litigation against the notified body in question - TÜV Rheinland (“Tuv”).
    13 December 2016
    CMS, Nabarro and Olswang confirm Practice and Sect...
    01/03/2017
    Can pharma keep up with the challenges of digital healthcare?
    Please click here to read the full article. Pharma companies are beginning now to focus on harnessing advances in digital technologies in their businesses, from mining genomic data to identify new drug targets, to establishing the most appropriate patients.
    12/12/2016
    CMS conference: Intervention, Innovation and Disru...
    24/02/2017
    Scope of third party disclosure clarified
    In a recent application, a party sought an order for disclosure of certain documents from a third party. The Court has discretion to order third party disclosure only where (a) the documents sought are likely to support the case of the applicant or adversely.
    7 June 2016
    CMS advises Management Team and incoming Chairman...
    22/02/2017
    Avoiding the "death spiral": High Court finds for MasterCard in i...
    MasterCard has prevailed in ten High Court actions (heard together) brought against it by UK high street retailers, in the latest instalment of the multilateral interchange fee (“MIF”) litigation. In a judgment of 30 January 2017, the High Court found that.
    24/05/2016
    CMS UK launches Brexit checklists
    17/02/2017
    Novelty Act – change in novel foods regime
    London’s first insect bar recently opened. The bar offers products such as bug based ice cream and brownies. To most of us this sounds rather radical and new but insects actually have a long history of human consumption.
    05/05/2016
    CMS advises on food and beverage sector’s largest...
    02/02/2017
    What 2017 'may contain' and the labelling health halo
    We anticipate that in 2017 consumers will continue to focus on the health and nutrition benefits of what they eat. For food business operators (FBO’s) this means that food labelling must be both accurate and effective.
    Tom Scourfield
    01/03/2016
    Taking Stock: current legal issues affecting the c...
    12/12/2016
    Food and Drink – some benefits and burdens of trading outside the...
    The champions of Brexit argue that businesses, including Food Business Operators (FBOs), will benefit from reduced regulation and the opportunity to expand into non-EU markets.   The Food and Drink Exporters Association (FDEA) have recently reported that the.
    16/12/2015
    CMS advises on sale of Czech branded food producer...
    09/12/2016
    Are we witnessing the rise of super level economic environment ri...
    In a few years’ time we may look back and say that it was in 2015/2016 when legal proceedings and recent policy changes combined to produce manifest serious transfrontier and trans-sector commercial and economic environment risk.