Emma is a senior analyst in the firm's London office. Emma has assisted the lawyers in support of product liability litigation in England as well as assisted on US matters for a wide range of client products.
This Checklist
This Checklist outlines the principal points a business should weigh up when confronting a product safety issue. It explains what to build into systems for managing product liability exposure in this field, with reference to the Code of Practice on Product recalls and other corrective actions (PAS 7100:2022).
Pinpoint all applicable laws (eg Sale of Goods Act 1979, Sale and Supply of Goods Act 1994, Consumer Protection Act 1987, General Product Safety Regulations 2005 (GPSR 2005), SI 2005/1803, Consumer Rights Act 2015, Digital Markets, Competition and Consumers Act 2024), standards, and codes of practice (eg Code of Practice on Product recalls and other corrective actions (PAS 7100:2022) and Code of Practice on Bringing Safe Products to the Market (PAS 7050:2022)) that govern the products. See Practice Notes: Consumer protection for defective or dangerous products—legal bases, Product liability and defective products and General Product Safety Regulations 2005—Offences.
Also, identify industry best practice (eg by trade associations) and consider putting it into effect.
Take into account specific regimes for the manufacture, import and sale of particular goods such as fireworks, cosmetics, toys, pharmaceuticals and medical devices, food and animal feed, and automotive.
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