The unlawfulness of ETO recalls in Europe

The unlawfulness of ETO recalls in Europe

Challenge of the legality of recalls by public authorities in Europe in cases of suspected chemical contamination through the ETO/2CE crisis study.

PRESENTATION

The risk assessment by public authorities prior to any recall procedure of a foodstuff is an obligation provided for by EU Regulation and national law.

European, French and German case law confirms that in the absence of such risk assessment, public bodies cannot order any recall.

This requirement makes many foodstuffs recalls in the Ethyleneoxide (ETO) and 2-Chloroethanol (2CE) contamination crisis illegal, according to several case law.

The unlawfulness of the ETO/2CE recalls is further supported by recent scientific opinions issued by European agencies (German BfR, French ANSES, EFSA).

PROGRAM

• Mandatory risk assessment by public authorities previous ordering a recall
  • Risk assessment according to EU Regulation
  • European, French and German case law enforcing previous mandatory risk assessment
• Example of contamination by Ethyleneoxide (ETO) and 2-Chloroethanol (2CE)
  • Position of Safety agencies in Europe (German BfR, French ANSES, EFSA)
  • Method of evaluation of carcinogenic and genotoxic risks challenged by the French agency ANSES in its opinion of 1st June 2022

SPEAKER :

Laëtitia Guillet, Partner, Product Law Firm, Paris

PURPOSE OF THE WEBINAR

• Understanding the burden on administration for previous risk assessment in order to impose recalls
• Challenging authorities recall on the basis on the absence of risk assessment
• Understanding the recent safety agency positions and their consequences on the legality of ETO/2CE recalls in Europe