European Product Safety and Liability Update – What Every International Player Needs to Know

Shook’s London team discusses developments in the field of product safety and highlights new liability and regulatory risks for businesses operating in the European arena.

Product safety is an issue that transcends all sectors of industry. In a series of short articles, London Partner Alison Newstead and Associate Leo Fielding examine new developments and emerging risks in a variety of sectors and provide guidance as to how these may be addressed.

Medical devices

Are your products now subject to greater scrutiny of the European regulators? With new types of products falling into the scope of the EU Medical Device Regulation (Regulation (EU) 2017/745), an increasingly broad array of products will now be regulated as medical devices. Changes to the UK medical device regulatory landscape are also on the horizon. [The Expanded Scope of the New Medical Device Regulation (MDR)]

The evolving nature of telehealth services and challenges faced by those operating in the field of cardiology are issues being considered by the medical device industry. [Medical Devices and the Evolving Risk Landscape]

Electronics

The introduction of “right to repair” rules and the EU’s transition to a circular economy is fueling a shift in product safety management, recall and litigation. [The Right to Repair – A New Dimension to the Recall Landscape?]

And new models of supply, in particular online marketplaces, are posing particular challenges. [Electronics Surge May Prove Problematic]

Automotive

What will it mean for manufacturers when Regulation (EU) 2019/2144 and the requirement to implement new safety measures in cars comes into force July 2022? [With New Innovative Features Come New Risks, New Regulation for Auto Industry]

Food & Beverage

Allergen declarations and food recalls remain at the forefront of the minds of those mitigating risk in the food industry. [When Even a Trace is Too Much: How to Mitigate Allergens and Other Food Safety Risks]

Pharmaceuticals

When the pandemic hit, pharmaceutical companies pivoted to COVID-19 projects whilst also having to manage their "day jobs." Pharmaceutical recall actions in Europe continued—for a range of reasons. [The Pharmaceutical Industry in 2020 – Rapid Response and Regular Challenges]

Toys

Toys repeatedly feature high in the rankings of European recall statistics and remain a focus for media attention. This is inevitable, particularly as toys are enjoyed by one of the most vulnerable sectors of society—children. [Protecting Children in a World Where a Toy is So Much More than a Toy]

Clothing

The pandemic has changed the clothing and textile industry in both predictable and unexpected ways, many of which show no signs of reversing. [Apparel Recalls: Where Fashion, Function and Safety Intersect]

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All articles were first published in Sedgwick’s Quarterly European Recall Index. If you would like to download full copies of the Index, you can do so here: [Q1, Q2, Q3]

The Shook London team advises clients across a wide spectrum of industries on product safety and liability issues, new legislative developments and emerging risks. Please contact a member of our team to discuss any issues raised in this Product Liability Bulletin.