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.
The Jury Has Spoken: Two Executives Convicted in Groundbreaking Consumer Product Safety Prosecution
Rod Freeman , Daniel Grooms , Matt Howsare and Shawn Skolky
In November 2023, a jury convicted two corporate executives of conspiracy and failure to report information about defective residential dehumidifiers as required by the Consumer Product Safety Act (CPSA). The jury verdict is groundbreaking because it is the first ever criminal conviction of corporate executives for failure to report under the CPSA. The judge’s decision on sentencing for the two defendants likely will put an end to the yearslong series of civil and criminal enforcement actions involving multiple Gree companies relating to the recalled dehumidifiers. The numerous actions over prior years were related to the companies’ recalls of multiple dehumidifiers linked to over 450 reported fires and millions of dollars in property damage.
Provisional Agreement Reached on Proposed EU Cyber Resilience Act
Emma Bichet and Tracey Bischofberger
Provisional agreement on the text of the proposed new European Union Cyber Resilience Act (CRA) was reached by the EU institutions on 30 November 2023. The first regulation of its kind, the CRA seeks to impose new cybersecurity requirements, as well as requirements for conformity assessment and CE marking to demonstrate compliance with the new requirements, together with recall and reporting obligations, on ‘products with digital elements’. This is a broad concept that covers connected products, software and certain types of data processing.
EU Changes CSRD Thresholds to Reduce Sustainability Reporting Burden
In January 2023, the European Union adopted the Corporate Sustainability Reporting Directive (CSRD), which requires EU and non-EU companies meeting certain thresholds to file annual sustainability reports alongside their financial statements. On 17 October 2023, the European Commission adopted an amendment to the thresholds in the Accounting Directive, impacting which entities will need to file CSRD-compliant reports.
Plastic Packaging Tax: Lifting the Lid
David Wilson , Natasha Kaye , Jack Jones and Eerik Kukebal
In this post, we lift the (recyclable!) lid on plastic packaging taxes – a relatively new and evolving area of environmental taxation. We focus on the UK’s plastic packaging tax, highlighting areas of complexity and steps to take if you may be within its scope, and provide an overview of the approach(es) being taken within the European Union.
EU Advocate General Argues That Harmonized Technical Standards Must Be Freely Available
In a case brought by two nonprofit organisations against the judgment of the EU General Court (the EU junior court) upholding the European Commission’s decision refusing to grant access to four harmonized technical standards (HTS), the Advocate General (AG) argued that the Court of Justice of the European Union (the EU senior court) should annul the General Court’s judgment and the European Commission’s decision and order the European Commission to grant the two nonprofit organisations access to the standards.
EU Adopts Restriction of Intentionally Added Microplastics
Emma Bichet and Selma Abdel-Qader
On 25 September 2023, one year after the publication of the proposal, the European Commission adopted the restriction of intentionally added microplastics under the European Union Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation 1907/2006, the EU framework for regulating chemicals
EU Introduces New Carbon Border Adjustment Mechanism
Juan Nascimbene, Emma-Bichet, Fergal Duggan and
Emerald Hockley
The Carbon Border Adjustment Mechanism (CBAM) is a European Union regulation which has been introduced to reduce carbon emissions produced by manufactured goods imported from jurisdictions with less stringent carbon emissions regulations.
PFAS – Navigating Diverging Regulatory Approaches and Liability Risks in the EU, UK and US
Join the Cooley international products and business litigation teams for a 45-minute, rapid-fire webinar to discuss the latest EU proposal to restrict PFAS, ongoing initiatives to regulate PFAS in the UK and US, and associated liability risks for product stakeholders.