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Product Regulation & Liability

Update – Key UK Court decision on the meaning of “defect” in the Product...

The UK High Court adjudicated on the matter of "defective" hip implants. In doing so the High Court took a strict, and arguably more manufacturer friendly, approach.

Update on the European Product Liability Directive – Still Alive & Kicking

The European Commission has determined that, in broad terms, the Product Liability Directive, which has been in place for over 30 years, is still fit for purpose but requires further work.

UK Product Recall Code of Practice Launched

7 March 2018 saw the long-awaited public launch of the UK Government’s new Code of practice on consumer product safety related recalls and other corrective actions.

Baker McKenzie releases 4th Edition of Global Product Recall Handbook

The 4th edition of the Global Product Recall Handbook is now available with unique information on product recall laws and regulations for consumer products around the world.

EU: Injunctions and Collective Redress: A New Deal For Consumers?

Following the Injunctions Directive, the European Commission seeks ways to increase the availability collective civil litigation across the EEA while avoiding the US-style excess in class litigation.

The vaccine liability case – ECJ lowers the standard of proof

In a recent judgment, the ECJ held that where there is a lack of scientific consensus, proving that a vaccine is defective may be established by "serious, specific and consistent" evidence, so long as national courts ensure that the burden of proof is not being disregarded.

Progress on product safety – UK Government publishes recommendations of its Working Group

The tragic Grenfell Tower firebrings into sharp focus the importance of having an effective product safety system in place. Prior to this event, the UK Government was already reviewing the UK's product safety and recall system.

Brexit update for product manufacturers and sellers

Following the start of negotiations between the United Kingdom and the remaining 27 EU Member States, there are two new Brexit-related publications which will be of interest to those manufacturing or selling products on the UK and EU-27 markets.

Automotive and Electrical Equipment BNST Use Extension in Canada

Environment Canada appears to be stepping back from its ambitious goal of the virtual ban of benzenamine, N-phenyl-, reaction prod­ucts with styrene and 2,4,4-trimethylpentene (BNST) in Canada.

Increased Enforcement of U.S. Forced Labor Prohibition

The Trade Facilitation and Trade Enforcement Act of 2015 effectively eliminating a longstanding loophole in the United States’ general prohibition against the importation of goods made with forced labor. As a result, U.S. companies have witnessed a resurgence of U.S. Customs and Border Protection detentions/seizures.

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