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Dietary Supplements: Food-Type
or Therapeutic-Type?
A change in the law!

Feb 2010

With no public announcement, the Dietary Supplements Regulations (DSRs) have been amended. The amendment, coming into force on 31 March this year, includes:

  • a change to the definition of a dietary supplement to "confine a dietary supplement to a therapeutic-type product".


  • an increase in the amount of folic acid that can be used in a dietary supplement (subject to being prepared via Good Manufacturing Practice).

Click here to request a copy. Please include your name, position, company, and email address to be sent a copy of this update.


Dietary Supplements: Food-Type
or Therapeutic-Type?
A change in the law!

Feb 2010

With no public announcement, the Dietary Supplements Regulations (DSRs) have been amended. The amendment, coming into force on 31 March this year, includes:

  • a change to the definition of a dietary supplement to "confine a dietary supplement to a therapeutic-type product".


  • an increase in the amount of folic acid that can be used in a dietary supplement (subject to being prepared via Good Manufacturing Practice).

Click here to request a copy. Please include your name, position, company, and email address to be sent a copy of this update.


x-tech ezine February 2010
Feb 2010
Welcome to the February edition of Simpson Grierson's x-tech ezine.

We have 4 articles for this issue.

In our first article, 'Luxury Brands Attempt To Hit Back At Online Marketplaces' we review whether online marketplaces should be held jointly liable for trade mark infringement by sellers on their websites. L'Oreal thought so when it took eBay to court in the United Kingdom. This article looks at that case and whether the same conclusion would be reached by the New Zealand courts.

In our second article, several copyright myths have been circulating for years, but seem to have gained in popularity with the massive increase in information available online. In this article Richard Watts and Claire Foggo explore these myths and answer some common questions regarding copyright infringement and online content.

A key feature of any ongoing supply agreement, be it for goods and/or services, is to provide continuity and certainty for both the supplier and customer. However, with any long term arrangement, it is prudent to consider the possibility of one of the parties wishing to terminate earlier than expected. This could be due to the relationship breaking down or simply that circumstances have changed so that the arrangement is no longer required or appropriate. Addressing these issues at the outset can assist in bringing the supply agreement to an end smoothly from both an operational and legal perspective. Karen Ngan and Matt Smith outline some of the possible grounds for terminating a supply agreement prior to its expiry, as well as some key considerations when entering into your supply agreements.

Finally, have you ever negotiated one of those clauses excluding indirect or consequential loss without really being sure what you've just negotiated? You're probably not alone. In our fourth article for this month Don Holborow and Adam Jackson look at the effect of such clauses.

> Read More   

'I Want Out!' - Terminating
Supply Agreements

Feb 2010
A key feature of any ongoing supply agreement, be it for goods and/or services, is to provide continuity and certainty for both the supplier and customer. For the supplier, this means that a revenue stream or source of revenue can be "locked in" for the term of the agreement. For the customer, it's the guarantee of continued supply and (ideally) benefits associated with having a relationship with a known supplier that can be trusted and relied upon. Needless to say, there is often incentive for both parties to negotiate an agreement with a multi-year term.
> Read More    > View PDF

Copyright Myths
and Online Content

Feb 2010
Several copyright myths have been circulating for years, but some seem to have gained in popularity alongside the massive increase in information available online. In this article we explore these myths and answer some common questions regarding copyright infringement and online content.
> Read More    > View PDF

Copyright Myths
and Online Content

Feb 2010
Several copyright myths have been circulating for years, but some seem to have gained in popularity alongside the massive increase in information available online. In this article we explore these myths and answer some common questions regarding copyright infringement and online content.
> Read More    > View PDF

My Loss Came Round a Corner:
Does That Make it Indirect
or Consequential?

Feb 2010
If you ever prepare first drafts of IT contracts for customers, you know that one of the most certain comments to come back will be to please exclude indirect and consequential loss. Why? More often than not, simply because it is "market standard" to do so. A short conversation will often reveal that there is no specific risk in mind, except perhaps the risk of being liable for loss of profits, and that it is important that both indirect and consequential loss are excluded.

So, what is actually meant by these two terms when they are used in exclusion clauses? How are they different? Will an exclusion of indirect and consequential loss actually exclude liability for loss of profits?

> Read More    > View PDF

Luxury Brands Attempt to
Hit Back at Online
Marketplaces

Feb 2010
More and more people around the world are shopping online. While online shopping creates greater choice and opportunities for consumers, online commerce has also spurred a flood of counterfeit products. The sale of counterfeit products results in lost revenue to brand holders, retailers and distributors of legitimate goods and can also dilute the hard earned reputation and goodwill of brands.
> Read More    > View PDF

Simpson Grierson helps Youthline
deal with text influx

Feb 2010
A significant donation from Simpson Grierson will play a key role in helping Youthline respond to a surge of calls for help and advice, arriving via SMS text messaging.
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Cartel Criminalisation on
the Cards

Feb 2010
The Ministry of Economic Development (MED) has last month released a discussion paper which recommends that cartel conduct in New Zealand is made a criminal offence.
> Read More    > View PDF