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To recall or not to recall?

In close cooperation with a Magic Circle Law Firm, Defares advised a leading food operator listed on the London Stock Exchange with regard to the recall obligation ad laid down in the applicable General Food Law. Despite the existence of a prohibited substance, a risk assessment demonstrated that there was no public health risk.. Therefore, the company decided neither to report to the Dutch Food Authority (NVWA) nor to recall the product and take it off the market (in more than 80 countries).

A recall of foodstuffs is often not necessary, provided that an in-depth risk analysis is conducted.

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