'Brexit - Can we go it alone in food law
About the Talk:
Brian Kelly will provide an overview of the “Brexit” referendum and possible timelines based on the on-going Supreme Court litigation regarding Art. 50, the various post-Brexit “models”, the model-specific implications for food law and what companies and stakeholders can be doing in the short, medium and long-term to prepare for Brexit.
About the Speaker:
Brian Kelly is a partner at law firm Covington & Burling in London. He is responsible for the EU food
and beverage practice within the life sciences team and divides his time between London and
Brussels. He provides EU regulatory advice across all food/beverage categories, including
transparency/trade secret issues, borderline determinations, food classifications, recall/withdrawal,
manufacturing controls, labelling and promotion (including health/nutrition claims and associated
branding), novel food issues, GM and specialist food matters (e.g., foods for special medical
purposes). He also provides advice on social responsibility and public policy aspects both in the UK
and across the EU.
He is an experienced solicitor-advocate and represents clients in administrative and enforcement
proceedings before regulatory authorities and in the UK and EU courts. He was the lead advocate in
a pan-EU legal challenge in the EU General Court in Luxembourg on the validity of the Nutrition and
Health Claims Regulation 1924/2006 (Case T-296/12). He is also the sole advocate representing the
health food industry in a precedent English judicial review on the borderline between foods and
medicines, which has implications for the wider food industry particularly with respect to caffeine and
alcohol (R (otao Blue Bio) v MHRA). The case is currently pending appeal in the Supreme Court.
Mr Kelly is regularly instructed on EU Court of Justice cases on food matters arising in non-UK
jurisdictions, including Germany, Sweden and Greece.
The nature of Mr Kelly’s regulatory work means that he is often called upon as a spokesperson for
food-related matters that have important reputational consequences. A good example is when a
client asked Brian to represent them on BBC Radio 4 to handle an alleged link between its food and
the death of a London marathon runner in 2012 and the associated coroner’s inquest. Brian also
works with trade associations and clients at the UK and EU level to develop strategic policy and
effect legislative change. For example, he recently helped petition the Privy Council on the statutory
regulation of nutritional therapists.
Mr. Kelly combines his legal practice with academic teaching. He is an honorary lecturer at
University College London.
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