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fast facts

• Packaging and labelling requirements are prescribed mainly by federal law

• Most packaging and labelling must be in English and French

• Quantity measures must be in metric

• Imported pre-packaged products have special requirements

packaging and labelling in CanadaThe federal Consumer Packaging and Labelling Act (CPLA) is the main statute governing the packaging and labelling of pre-packaged consumer products in Canada. The federal Food and Drugs Act (FDA) governs packaging and labelling of food, drugs, controlled substances, natural health products, cosmetics and medical devices. Other federal legislation governs specific products such as pesticides, firearms, seeds, textiles and tobacco. The Canada Consumer Product Safety Act (CCPSA) sets out requirements for a wide range of consumer products (including children’s toys) that pose or reasonably pose a danger to human health and safety. The federal Hazardous Products Act (HPA) governs labelling of industrial products that may be dangerous to users in the workplace. Provincial legislation (including Quebec’s Charter of the French Language) also stipulates additional packaging and labelling requirements for certain products. pre-packaged consumer productsThe CPLA prohibits packaging that directs the consumer to a false or misleading conclusion about the product. It also stipulates the following minimum requirements:

1. product identity: A pre-packaged product must be identified by its common or generic name or in terms of its function, in both English and French, on the “principal display panel” – i.e., that part of the label that is principally displayed or visible to consumers under normal or customary conditions of sale or use.

2. net quantity: Every pre-packaged product must contain a declaration of the net quantity of the product, in both English and French, on the principal display panel of the label stated in terms of numerical count or metric units, as applicable. Net quantity may also be stated in non-metric units of measurement provided that both units are grouped together.

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3. dealer’s name and place of business: The packaging is required to state the name and principal place of business of the dealer in either English or French and this need not appear on the principal display panel of the label.

Pre-packaged products that have been imported require additional labelling disclosure. The label of such products must bear one of three alternative declarations:

a. name and address of the Canadian dealer of the product, preceded by the phrase “imported by” or “imported for”;

b. name and address of the Canadian dealer together with a statement, immediately adjacent, of the country of origin of the product; or

c. name and address of the dealer outside Canada who either originally manufactured the product or exported it into Canada.

food, drugs and other health products The FDA contains specific labelling requirements for food, drugs, natural health products, cosmetics and medical devices. Examples of the type of information that must be included on the label are the common name of the food or health product, information about the quantity of and ingredients in the products, name and address of the manufacturer and directions for use where applicable. Most of the information must be shown on the product label in both English and French. Prescription drugs, narcotics and controlled drugs have additional labelling requirements.

hazardous industrial productsThe HPA stipulates information disclosure, cautionary language, hazard symbols, and labelling criteria for industrial products that, under normal conditions, can result in injury to the users in the workplace.

The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained. For more information contact your regular McMillan advisor or go to http://www.mcmillan.ca.

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