Spanner in the works? – EU Right to Repair Directive Imposes Obligations To Drive Circular Economy
On 30 July 2024, the Right to Repair (R2R) Directive will become law following its publication in the Official Journal of the European Union on 10 July 2024.
Calif. Ruling Heightens Medical Product Maker Liability
On June 20, the California Supreme Court issued its decision in Himes v. Somatics LLC. This 7-0 ruling has vast implications for manufacturers of medical products, namely manufacturers of prescription drugs and medical devices that reach patients through a learned intermediary, as well as for medical providers and the healthcare industry as a whole.
Online Safety Act Update: Ofcom’s Consultation on Measures to Protect Children From Online Harms Closing 17 July 2024
The UK’s Online Safety Act (OSA) imposes extensive obligations on certain types of online service providers to protect users from illegal and harmful content. A key focus of the OSA is the protection of children online, and special obligations are conferred on service providers whose platforms are “likely to be accessed by children”.
Claire Temple, James Maton , Travis LeBlanc , Leo Spicer- Phelps , Morgan McCormack and Mo Swart
OECD Guidelines on Responsible Business Conduct: Key Considerations for Multinational Enterprises
The latest updates to the Organisation for Economic Co-operation and Development (OECD) Guidelines for Multinational Enterprises on Responsible Business Conduct in June 2023 thrust supply chain diligence into the spotlight.
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
Provisional Agreement Reached on Groundbreaking New Products Law: EU Ecodesign for Sustainable Products Regulation
Provisional agreement on the text of the new Ecodesign for Sustainable Products Regulation was reached by the European Union institutions on 4 December 2023. The ESPR will introduce a new, broad ecodesign framework that will empower the European Commission to adopt far-reaching sustainability requirements for product groups. It also will create new transparency requirements for products in the form of an EU ‘digital product passport’ and will ban the destruction of unsold clothing and footwear.