Tag Archives: defective products

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

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

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