Product safety

Criminal liability for defective products: a refresher

With the coming into force last month of the Consumer Rights Act 2015, there has understandably been a significant focus on the civil remedies available to consumers who purchase defective products (see our recent blog post commenting on the new Act).  … Continue reading

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Filed under Fast Moving Consumer Goods, Food & Beverages, Product recall, Product safety, Retail, UK, Uncategorized

The UK Consumer Rights Act 2015 – key changes that every consumer business should be aware of

The Consumer Rights Act 2015 represents a significant development in the regulation of consumer contracts under UK law. It consolidates and brings consistency to rules that were previously spread across a wide range of different Acts and Regulations. It also … Continue reading

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Filed under Fast Moving Consumer Goods, Food & Beverages, Pharmaceuticals and Healthcare, Product recall, Product safety, Retail, UK, Uncategorized

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

Federal Court delivers a blow to agreed outcomes in civil penalty proceedings

The recent decision of the Full Court of the Federal Court of Australia in FWBC v CFMEU has significant implications for regulators and respondents seeking to agree on a penalty in civil penalty proceedings. The decision is likely to alter … Continue reading

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Filed under Australia, Product safety

Consultation on new sentencing guidelines for corporate manslaughter and health and safety offences

The Sentencing Council for England and Wales has launched a consultation on new guidelines to be used by courts when passing sentence for corporate manslaughter and health and safety offences. This follows a review of sentences passed by the courts … Continue reading

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Filed under Food & Beverages, Pharmaceuticals and Healthcare, 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

FDA proposes revised guidance for distribution of scientific/medical publications addressing “off-label” uses—and faces free speech concerns

The US Food and Drug Administration (FDA) has issued a revised draft guidance setting forth FDA’s views on the dissemination of certain information regarding “off-label” uses of drugs or medical devices.  While the FDA has sought to clarify its position … Continue reading

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Filed under Pharmaceuticals and Healthcare, Product safety, United States

Component part defences divide California courts

Component part and raw material suppliers generally are not liable for defects in the finished consumer products sold by downstream manufacturers over which they exert no control. Part and material suppliers, moreover, may satisfy their duty to warn consumers by … Continue reading

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Filed under Product safety, United States

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