law consultancy office
t&p hukuk danışmanlık bürosu | tüketici hukuku danışmanlığı

tokbaş & partners

consumer law in food sector

for companies :

for persons :

Food Sector is an important sector with a direct impact on human health and life where controls have not been performed sufficiently for years except for a few initiatives by the ministry over the recent years and where trust has not been fully established with frequent debates on food safety and hygiene. It is clear that under-the-counter manufacturers and food businesses violating the hygiene rules must be prevented with more strict controls and rules. In addition, the speculations on the good sector have a significant role in the confusion of consumers. We must note that the Food Sector has many shortcomings that remains unveiled in terms of the principle of "consumer information" and that nobody has sued them until today will not mean that nobody will suit them in the future. Thus, it is essential for the food sector companies to consider not only food legislation but also the consumer legislations for the inscriptions o food products.

 

tokbaş & partners provides consumer law service to food manufacturers and enterprises as well as to companies and persons engaged in the food sector thanks to its command of consumer law in the food sector. These services are detailed individually for companies and persons. We also defined individual subcategories for our services for companies, namely  “protective/preventive advocacy, process consultancy and official attorneyship”. Services offered by tokbaş & partners in this area can be detailed as follows: 

 

Protective / Preventive Advocacy Services:

 

1.       Conduct trainings for company managers and relevant personnel on "consumer law and practices in food sector"

2.       Organize consumer law training for company branches and provide personnel training across Turkey

3.       Draft food agreements subject to the field of Consumer Law as per the legislation and practices

4.       Draft food documentation used in consumer transactions as per the legislation and practices

5.       Provide opinions and create legal reports on new food sector practices

6.       Ensure legal control of trade advertisements and announcements prior to publication as per consumer and advertisement legislation as well as administrative practices

7.       Ensure legal control of commercial practices under the scope of  the provisions relating to "unfair commercial practices"

8.       Due diligence

9.       Legislation review and weekly legislation report on the food sector

10.     Review the decisions of administrative and regulatory committee; weekly report on the decisions of administrative and regulatory committee related to food sector

 

 

 

 

Process Consultancy Services:

 

1.       Monitor food sector practices and other documents and express opinion on the discrepancies resulting therefrom

2.       Express opinion on discrepancies relating to trade advertisements and announcements

3.       Express opinion on the resolution of issues encountered in consumer law legislation

4.       Give response to requests for verbal and written legal opinion

5.       Take initiatives and express opinion required for resolution of differences in interpretation or problems resulting from consumer law between relevant administrative bodies and the company

6.       Provide mediation-reconciliation services between the company and consumers

7.       Establish and maintain a consumer compliant hotline

8.      Create templates for pleas to be written to Consumer Courts and Consumer Arbitration Boards considering different problems and possibilities

9.       Control and compliance check for the pleas written to the attention of Consumer Courts and Consumer Arbitration Boards

10.   Control and compliance check for the pleas to be written and documents to be submitted about consumer law to administrative bodies

11.    Management of the process of inspector audit by the Ministry of Customs and Trade

 

 

 

Official Attorneyship Services:

1.       Ensure representation of the company and follow-up of its files at Consumer Arbitration Boards

2.       Ensure representation of the company and follow-up of its files at Consumer Courts

3.       Ensure representation of the company and follow-up of its files at administrative bodies

4.       Actions for nullity for administrative fines imposed as part of  TKHK and Food Legislation

5.       Follow-up of company's debts and receivables

 

 

 

 

 

1.       Follow-up of lawsuits arising from food poisonings

2.       Lawsuits for monetary and spiritual damages arising from defective or dangerous food products

3.       Follow-up of lawsuits for claims to withdraw food products manufactured in mass which may be considered defective

4.       Claims for damages arising from acts in breach of competition law in the food sector

5.       Claims for damages arising from manipulative ads and unfair commercial practices in the food sector