Croft Authors Article on Product Liability and Nanotechnology

SHB Partner Sarah Croft has authored an article in the May 2012 issue of The In-House Lawyer about new nanotechnology applications and their potential product liability risks. Outlining the current framework used by the European Union and its member states to regulate commercial products, Croft argues that these mechanisms often fail to address “the differences between the properties of nanomaterials and those of materials on the macroscale.” In particular, she notes that these differences could give rise to claims based on anti-fraud legislation or those seeking medical monitoring for a potential future risk. “While the science of possible health effects is still in its early days, in-house counsel should bear in mind that, particularly in some jurisdictions, there is the potential for claims where no personal injury has occurred,” writes Croft. “The science of nanotechnology presents many exciting possibilities but it should firmly on the radar of in-house counsel in terms of ongoing risk assessments.” To read the article, please click here.