Product safety blog: In Safe Hands
Welcome to In Safe Hands, the blog where global experts from Kennedys keep you up-to-date with the latest developments in international product safety.
The product safety sphere is fast moving and without hands-on monitoring, any changes to the global regulatory framework can easily be missed. This is why we're here to lend a hand by keeping you abreast of any CSR, technological or regulatory changes that may impact your business.
These key updates will help you to adjust your business strategies, ensure compliance and avoid the potential for enforcement action. We will share our experience and insight from both UK and global perspectives and bring you guest writers from across the industry.
To help you navigate to your area of interest, the content is divided into the subcategories: chemicals, cosmetics, CSR, ESR and D&I, food and drink, general consumer product issues, industrial products, life sciences, new technologies, vehicles.
2022 product liability and product safety forecast: trends and future risks
Product innovation – highlighted by COVID-19 vaccines – continues to make headline news. As the adoption of emerging technologies gathers pace, regulation is evolving to reflect this changing environment. In this report, we consider developments in the product safety and product liability sphere, and provide an overview of the topics and trends that are likely to impact corporates and their insurers in the months ahead.Read more
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In Practice Series - The future Medical Device Regulations within the UK
On 26 June 2022, the UK’s medical device regulator, the Medicines and Healthcare products Regulatory Agency (MHRA) published their response to the consultation on the “future regulation of medical devices in the UK”, which indicates future wide-reaching change for the UK medical devices regulatory regime going forward.
UK product safety update: two year extension given to businesses for GB specific product safety marking
The UK Government announced on 14 November 2022 that businesses would be given a further two years to apply the new UK Conformity Assessed (UKCA) product safety marking to their products. The UKCA mark is the UK equivalent of the European Union’s CE mark, which denotes compliance with mandatory applicable product regulations when applied to products.
Insurers face increased risk from evolving product safety laws
The EU's proposed General Product Safety Regulations aim to bring product safety regulation into the modern age but will introduce a more onerous and broader range of compliance obligations on insured businesses.
In Practice Series – How to prepare for the European Medical Devices and In Vitro Diagnostic Regulations
On 6 January 2023, the EU Commission published its draft legislative proposal to amend the transitional provisions in Regulation (EU) 2017/745 for medical devices (MDR) and Regulation (EU) 2017/746 (IVDR) for in vitro diagnostic medical devices.
Intangible risks of modern products
In this blog, we explore how developments in technology have created new types of product liability and safety risks and given rise to new categories of damage. We also examine developments in the mechanisms for claiming damages.
In Practice Series – How to prepare for the upgraded digital services laws in Europe
It is undeniable that the way consumers purchase their products and engage with services on the internet has changed substantially since times past. The modern consumer has global buying power, and suppliers must adapt in order to meet this consumer demand. This change in consumer behaviour has brought both benefits, but also introduced legal risks that have required careful consideration by regulators and legislators alike.
In Practice Series – How to mitigate the growing risk from consumer class actions and Collective Redress in Europe
In the last ten years there has been a significant growth in the use of collective redress or representative actions ('group litigation'), a legal mechanism which may stop or prevent unlawful business practices that affect multiple claimants or compensate them for harm caused by these practices, within the EU and UK.
In Practice Series - How to get ready for the new product liability laws in Europe
On 28 September 2022, the European Commission (EC) published its much-awaited proposals to significantly reform the EU Product Liability Directive (85/374/EEC) (PLD). The existing PLD came into force in July 1985 and has been the mainstay law governing redress for defective products across the EU. The legislation imposes a strict liability for defective products which have caused a loss to consumers.
Online pop-up consent systems under scrutiny
In recent years there have been concerns about the data privacy implications arising from cookie consent pop-ups, resulting in robust action taken by data protection authorities. As complaints and individual claims arising from pop-ups become more frequent across the EU and the UK, their continued use comes with an increased risk of enforcement action and compensation claims.
In Practice Series – How to be an ESG-conscious product manufacturer
Environmental, social and governance (ESG)-type obligations are increasingly imposed on actors in the modern product supply chain. Such obligations impact all stages of the product lifecycle and additionally impose subject-matter specific reporting obligations on companies in respect of these matters.