Q: supplier in the US lied about ingredients in chemical products that i import and sell in the EU. need help.
i import chemicals from the US. they have msds files with ingredients listed. some ingredients are trade secrets. the supplier told me they are not chemicals, by law i need to list every chemical in the EU in the msds i create for the products i import. i now found out who the original supplier, and creator, of these products is. he told me the trade secrets are chemicals. this means i can't sell the products here by law, but already doing this for more then 2 years because the first supplier told me it was safe. what to do?
A:
In your situation, where you've been importing and selling chemical products in the EU under potentially false information about their ingredients, immediate action is necessary. The first step is to halt the sale of these products. Continuing to sell them could increase your liability, especially under EU regulations which are strict about chemical disclosures.
Next, consult with an attorney who is well-versed in international trade and EU regulations. They can provide guidance on how to navigate this complex issue, especially considering the potential legal implications of selling products with undisclosed chemicals.
It's also crucial to review your contractual agreements with the U.S. supplier. Misrepresentation of product ingredients can be a serious breach of contract. An attorney can help you understand your legal position and potential remedies, which might include seeking damages from the supplier.
Additionally, consider contacting the original creator of the products for detailed information about the ingredients. Having accurate, comprehensive data is essential for any future steps you take, whether that's legal action, regulatory compliance, or both.
Lastly, prepare to cooperate fully with any EU regulatory authorities. Transparency and prompt action in addressing the issue can be favorable in regulatory or legal proceedings. This situation is complex, but with the right legal guidance and proactive steps, you can work towards a resolution.
1 user found this answer helpful
A: In addition to the issues outlined by my colleague, the issue of trade secrets is something that patent attorneys are likely to have the most insight into. If you wanted to expand your categories to Patent/Intellectual Property, it might increase chances for input from attorneys who work in that area. Good luck
1 user found this answer helpful
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