The Firm provides on a regular basis highly specialized assistance in the field of food law in favour of major companies and consortia operating in the agri-food industry, as well as of certifying bodies and institutes, both nationally and internationally. Beside this activity, the Firm organizes training courses aimed at businesses in the field.
The attorneys of the Firm advise businesses in the drafting of all national and transnational contracts typical of the agri-food industry and, in general, in dealing of all issues related to the management of the food supply chain in both B2B and B2C relations, as well as in related litigation.
The Firm advises its clients also in relation to food safety, assisting them in setting up and managing protocols and procedures of self-monitoring and risk management. Thanks to its expertise in the fields of product safety and product liability, the Firm offers highly specialized counsel to businesses operating in the agri-food industry in managing withdrawal and recall campaigns, both at national and international level, and in dealing with complaints from all competent administrative authorities and customers and the connected risk of conflict and judicial litigation (especially in light of the rules on class actions and collective proceedings).
The Firm advises on information to consumers and food labeling, designations of origin, nutritional claims and health claims for the Italian and foreign markets, with an interdisciplinary approach which intertwines with the Firm’s specific expertise in the field of advertising.
In particular, a dedicated team of professionals of the Firm has grown a strong expertise in the laws regulating the organic “bio” sector and related certification proceedings and controls, supporting operators and certifying bodies operating in this industry on a daily basis. The Firm advises them during all stages of their activities, especially in drafting specific measures, in dealing with businesses operating in the field and in setting up their internal and external procedures.
News and Insights
Italian rules on class actions and collective inhibitory actions have been revolutionized by a reform (law no. 31/2019) whose entry into force, following several postponements, is now scheduled for May 2021.
By decision no. 1914 of January 28, 2021, the United Sections of the Supreme Court of Cassation have once again found that disputes between companies operating in the organic sector and the monitoring bodies authorized by the Ministry to issue the necessary certifications and to carry out the related control activities fall under the jurisdiction of the ordinary judge, and not the administrative one.
The ongoing Covid-19 emergency and the adoption of measures for its containment face companies with serious problems in the management of their contractual relationships, affecting the ability of the parties to perform or receive the related obligations.
The current state of emergency relating to the spread of Covid-19 (“Coronavirus”), also following the measures adopted by the Government to contain the spread of contagion, places businesses, but also individual citizens, in the face of new problems, also of a legal nature
By their decision no. 9678 of April 5, 2019, the Joint Sections of the Italian Court of Cassation clarified that the disputes between businesses operating in the field of organic products and subjects charged with issuing all necessary certifications and with the relevant control activity fall within the scope of the ordinary judge’s jurisdiction, as opposed to administrative courts.