PFAS Regulation: EPA Designates Two PFAS as Hazardous Substances Under CERCLA
On April 19, 2024, the US Environmental Protection Agency (EPA) issued a final rule that designates two PFAS chemicals – PFOA and PFOS – as ‘hazardous substances’ subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund). The rule will take effect under CERCLA, giving the EPA increased authority to investigate and respond to PFAS contamination and seek recovery of costs associated with cleanup efforts. The EPA sees the new rule as a significant step in its regulation of PFAS.
AI Regulation – Key Developments for Products Stakeholders
This blog provides a summary of three recent developments in the regulation of artificial intelligence (AI) in Europe, which will affect all stakeholders who incorporate AI technologies into hardware or software products.
ICPHSO Holds 2024 Annual Meeting and Training Symposium
The International Consumer Product Health and Safety Organization (ICPHSO) held its 2024 Annual Meeting and Training Symposium on February 19-22, 2024 in Orlando, Florida.
EU Reaches Provisional Agreement on Banning Products Made With Forced Labour
The EU’s ban on products made with forced labour regulation (FLR) will apply to products which in whole or in part benefited from forced labour. Supplementing the existing EU rules combatting human trafficking, the FLR now will be subject to formal approval and is likely to apply across all EU member states from mid-2027.
EU Right to Repair Laws One Step Closer: Provisional Agreement Reached
Fergal Duggan , Tracey Bischofberger and Emerald Hockley
Provisional agreement on the text of the proposed Right to Repair Directive was reached by European Union institutions on 1 February 2024. Read on for an overview of what this means for producers, retailers, repairers and other actors in the supply chain, alongside a summary of next steps.
EU’s New Environmental Claims Law Gets Green Light
On 17 January 2024, the European Parliament approved the text for a new European Union directive aimed at ‘empowering consumers for the green transition’ by banning the use of certain unsubstantiated generic environmental claims in the EU, such as ‘environmentally friendly’, as well as claims such as ‘climate neutral’ based on emissions offsetting schemes. It also regulates the use of sustainability labels and bans certain practices associated with early obsolescence of consumer products.
2023 Was a Year of Reform in Europe – What’s Next in 2024?
Rod Freeman and Tracey Bischofberger
2023 was a year of reform – the most active year of regulatory change we’ve seen in the products law space, with impacts that will be felt by product stakeholders for years to come. New requirements will need to be understood, and any required changes to products and processes will need to be planned and implemented. Below is our roundup of some of the highlights.
New Product Liability Laws One Step Closer in Europe
Edward Turtle and Tracey Bischofberger
In an important step forward, last week the European Union reached provisional (political) agreement on the text for the proposed revision of the EU’s Product Liability Directive 85/374/EEC (PLD). The PLD establishes a strict liability (i.e., no fault) regime to enable claimants to seek compensation for defective products across the EU, meaning claimants do not need to establish fault to claim successfully. As a result, it is the preferred way of making product liability claims in the EU. The revision is a significant development, as the PLD dates back to 1985 and has been virtually unchanged for nearly 40 years – with only very minor amendments in 1999.
EU Reaches Political Agreement on Groundbreaking New Rules for Corporate Sustainability Due Diligence Impacting US Companies
On 14 December 2023, the European Union (EU) announced that it had reached political agreement on the new Corporate Sustainability Due Diligence Directive (CSDDD or CS3D). Once adopted, the CSDDD will create new and far-reaching mandatory human rights and environmental due diligence obligations for EU and non-EU companies operating in the EU.
Are You Ready for the Product Security and Telecommunications Infrastructure Regime?
Edward Turtle and Corinne Robinson
The UK has introduced a new cybersecurity regime under delegated legislation which will apply to consumer connectable products from April 2024. The regime has a very broad scope (applying to most connected products) and a short lead time (less than six months from now), and there has been minimal publicity about the impact of the changes