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Consumer Products

Consumer Products has long been a core area for CMS Portugal. Through our commitment to provide complete, solid and strategic advice to our clients, we have developed a significant expertise in Consumer Products with the most diverse clients, from all industry and service sectors and, in particular, in specialist products, including healthcare goods, food and drink or the automotive industry.

Our aim is to understand clients needs, appreciate the broader context and deliver the best fitted solutions to meet clients’ commercial goals.

To this end, we have extensive experience in a variety of high profile contentious and non-contentious matters, namely:

  • A wide variety of commercial agreements, including agency and distribution arrangements, franchising, advertising and marketing, supply of goods and services
  • All regulatory aspects pertaining to promotions, sponsorship and marketing agency agreements, comparative advertising campaigns and disputes, labeling and brand protection
  • Drafting of all relevant types of agreements for consumers, including credit agreements
  • Advising companies on structuring distribution relationships compliant to EU and Portuguese competition law
  • Restructuring existing franchise and distribution relationships and advising in relation to orderly franchise and dealership terminations

The diversity in background of our cross-disciplinary teams, as well as our close cooperation with Consumer Products lawyers in other CMS offices, enables us to provide an industry-focused service to clients across Europe.


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12/08/2021
Im­port­ant con­sulta­tion on clas­si­fic­a­tion, la­belling and pack­aging of sub­stances...
Over­view Un­til 15 Novem­ber 2021 the European Com­mis­sion (“Com­mis­sion”) is con­sult­ing on pro­posed re­vi­sions to Reg­u­la­tion (EC) 1272/2008 on the clas­si­fic­a­tion, la­belling and pack­aging of sub­stances...
30/07/2021
Plastics and pack­aging laws in Por­tugal
1. What is the gen­er­al le­gis­lat­ive frame­work reg­u­lat­ing pack­aging and plastic waste in your jur­is­dic­tion? The main le­gis­lat­ive frame­work is De­cree-Law No. 152-D/2017 of 11 Decem­ber 2017, which was re­cently...
Comparable
23/07/2021
GDPR 3 years on – The greatest hits (and misses)
More than three years have passed since the GDPR ap­plied and a lot has happened in the world of data pro­tec­tion dur­ing that time – fines, class ac­tions, court chal­lenges and more. We give our “playl­ist”...
15/07/2021
European Com­mis­sion pub­lished drafts of the re­vised Ver­tic­al Block Ex­emp­tion...
On 9 Ju­ly, the European Com­mis­sion pub­lished its draft re­vised Ver­tic­al Block Ex­emp­tion Reg­u­la­tion (VBER) and the cor­res­pond­ing Ver­tic­al Guidelines. The VBER con­cerns ver­tic­al agree­ments, which are agree­ments...
01/06/2021
First in­sect product gran­ted nov­el food ap­prov­al in the EU
On 3 May 2021, the European Com­mis­sion’s Stand­ing Com­mit­tee on Plants, An­im­als, Food and Feed (“PAFF Com­mit­tee”) voted in fa­vour of a draft leg­al act au­thor­ising dried yel­low meal­worm to be placed...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
13/05/2021
Can­nabis law and le­gis­la­tion in Por­tugal
Med­ic­al use In Ju­ly 2018, Por­tugal pub­lished Law no. 33/2018, of 18 Ju­ly, which leg­al­ised can­nabis use for medi­cin­al pur­poses. De­cree-Law no. 8/2019 of 15 Janu­ary sets forth the para­met­ers of Law no...
09/03/2021
New com­pet­i­tion tools for di­git­al mar­kets – Ger­man com­pet­i­tion law vs....
After the new Ger­man com­pet­i­tion law came in­to ef­fect in Janu­ary 2021, ma­jor di­git­al plat­forms are now af­fected by art­icle 19a of the Ger­man Com­pet­i­tion Act. Un­der art­icle 19a, the Ger­man com­pet­i­tion...
16/02/2021
Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
12/02/2021
‘It’s like milk but made for hu­mans’: Gen­er­al Court over­turns EUIPO’s re­fus­al...
On 20 Janu­ary 2021, the Gen­er­al Court (“GC”) handed down its judg­ment in the ap­peal brought by Oatly AB (“Oatly”) against the de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to re­fuse...
23/11/2020
EU high court con­firms CBD is not a nar­cot­ic
In a long-awaited rul­ing, the European Court of Justice (ECJ) cla­ri­fied that the can­nabis act­ive in­gredi­ent Can­na­bi­d­i­ol (CBD) is not to be clas­si­fied as a nar­cot­ic. France sub­mits ques­tion on CBD in...
10/11/2020
Reg­u­lat­ing high-risk AI: EU Par­lia­ment calls for a new civil li­ab­il­ity...
On the 19 Oc­to­ber 2020, the European Par­lia­ment (“EP”) ad­op­ted pro­pos­als on reg­u­la­tion of Ar­ti­fi­cial In­tel­li­gence (“AI”) pre­pared by the EP’s Com­mit­tee on Leg­al Af­fairs (“JURI Com­mit­tee”)...