Food Packaging

Keller and Heckman EU has an internationally-recognized, comprehensive food packaging law practice. We represent clients in all areas of food packaging, including those in paper and board, plastics, rubber, printing inks, adhesives, and coatings industries, in addition to companies operating in the recycled products and waste industries. We are highly respected due to our in-depth knowledge of the packaging industry and are honored to offer the premier online resource dedicated to food and drug packaging ‒

Food packaging matters handled by Keller and Heckman Europe:

Legal Compliance

  • Evaluating the status of food-contact substances and packaging products under EU and national legislation;
  • Advising on compliance with the Plastics Regulation;
  • Preparing customer assurance statements or declarations of compliance;
  • Advising on claims made in commercial documentation and advertising literature;
  • Assessing, reviewing and drafting protocols for testing, including systematic testing procedures, spot testing and quality control testing;
  • Evaluating and verifying compliance of testing procedures and systems with relevant EU and international food-contact legislation;
  • Conducting audits to ensure successful implementation of quality control and good manufacturing practices in accordance with the GMP Regulation;
  • Advising on the Active and Intelligent Packaging Regulation;
  • Advising on the use and inclusion of nanomaterials in food packaging; and
  • Preparing submissions to Member State authorities.

Pre-market and Goods-to-Market Issues

  • Obtaining regulatory clearance for substances used in packaging materials and processing equipment;
  • Preparing and drafting petitions for submission to EFSA in order to gain inclusion on relevant EU positive lists (including review and assessment of relevant data needed,  evaluation and analysis of conflicting data within the public domain); and
  • Advising on all aspects of mutual recognition.

Product Liability and Crisis Management

  • Assisting with responses to consumer complaints;  
  • Advising on communication with public authorities on recall requirements and other reputational damage issues (e.g., RASFF notifications); and
  • Advising on non-compliance issues, breach of legal requirements, breach of contractual requirements, liability, limitation of liability, indemnity, recovery of loss and other related litigious issues.

Product Defense and ‘Due Diligence’ Audits

  • Defending products against enforcement action taken by public authorities;
  • Defending products against competitor challenges; and
  • Conducting ‘due diligence’ audits of labeling, advertising claims and manufacturing operations for clients’ internal control purposes and as part of product line or corporate acquisitions

Governmental Affairs

  • Monitoring EU and national legislation; and guidance or opinions issued by EFSA, national authorities, trade associations, the Court of the EU and other bodies that impact food packaging; and
  • Analyzing the impact of laws and regulations

In particular, we advise on food packaging issues relating to:

  • The Framework Regulation
  • The Good Manufacturing Practices Regulation (GMP Regulation)
  • The Plastics Regulation
  • The Active and Intelligent Packaging Regulation (A&I Regulation)
  • The Recycled Plastics Regulation
  • The Packaging and Packaging Waste Directive
  • The General Product Safety Directive (GPSD)
  • National laws of EU Member States, such as the Dutch Warenwet and its implementing measures or on non-EU Member States, such as the Swiss Ordinance
  • Non-binding guidelines or recommendations, such as the German BfR Recommendations

For information on Keller and Heckman’s global Food and Drug Practice (including Packaging) click here