Europe

ADR for consumer disputes: New obligations on businesses from 1 October 2015

The UK government has now published the principal legislation that will implement the European ADR Directive and the European Online Dispute Resolution (ODR) Regulation, both of which seek to encourage the use of alternative dispute resolution schemes to resolve consumer … Continue reading

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Filed under Europe, Fast Moving Consumer Goods, Retail, UK

ECJ lowers level of proof required to prove ‘defect’ in medical products

In Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt and Another the European Court of Justice gave a purposive interpretation to the definition of “defect” for the purposes of the EC Product Liability Directive 85/374/EEC in the context of medical devices.

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Filed under Europe, Pharmaceuticals and Healthcare, Product recall, Product safety, UK

Product Safety and Recall in the U.S. and EU

Joe Falcone and Howard Watson have published an article in Product Liability Law & Strategy addressing the varying approaches taken by the EU and the US to ensure the safety of products placed on the market in those jurisdictions, specifically … Continue reading

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Filed under Europe, Product recall, Product safety, United States

Alcohol pricing restrictions

With no announcement in the March 2013 Budget on the issue of Minimum Unit Pricing for alcohol, speculation has arisen that the UK Government may be re-thinking its approach to the issue of alcohol pricing. The proposal for Minimum Unit … Continue reading

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Filed under Europe, Food & Beverages

Contaminated meat: legal implications for corporates

On 16 January 2013 the Food Standards Agency (FSA) confirmed that the Food Safety Authority of Ireland had identified horse and pig DNA in a range of beef products on sale at several supermarkets. This prompted widespread testing of beef … Continue reading

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Filed under Europe, Food & Beverages, Insurance, Product recall, Product safety

Europe’s Product Safety and Market Surveillance Package 2013

On 13 February 2013, the European Commission (EC) adopted the Product Safety and Market Surveillance Package with the aim of simplifying and making more uniform the safety rules applying to non-food products, streamlining market surveillance procedures and better co-ordinating and … Continue reading

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Filed under Europe, Product safety

Parent company’s responsibility for the safety of its subsidiary’s employees

In a judgment handed down on 25 April 2012, the Court of Appeal held that a parent company owed a duty of care to an employee of its subsidiary company where the employee suffered asbestosis as a result of exposure … Continue reading

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Filed under Europe