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Managing product safety and liability risks, supply chain due diligence, and the future of green claims

Managing product safety and liability risks

ESG, Supply Chain and Product Compliance week: Managing product safety and liability risks, supply chain due diligence, and the future of green claims.

 by KATE CORBYJOANNE REDMONDDR. ANDREAS NEUMANN LL.M.GRAHAM J. STUARTCHRISTINE M. STREATFEILDDR. THOMAS GILLES M.A.RACHEL MACLEODRENATA CAMPETTI AMARALGEERT BOVYREBECCA B. LEDERHOUSE AND JULIA HEMMINGS  6 MINS READ

In our final week of the Annual Compliance conference, we focussed on key issues being faced by companies on ESG, supply chain and product compliance. Specifically, we discussed the new legal landscape in the EU and UK on product compliance and liability, supply chain due diligence trends and developments, and how to manage environmental, social and governance risks and increasing legislation in the US, UK and EU aimed at cracking down on vague, misleading, or unsubstantiated green claims.

SPEAKERS: Kate Corby (Partner, London); Andrew Kinnier KC (Henderson Chambers); Joanne Redmond (Senior Associate, London); and Andreas Neumann (Senior Associate, Frankfurt).

Product safety and liability is a rapidly changing area with a host of new and proposed legislation. The speakers set the scene on product safety by giving an overview of the new EU General Product Safety Regulation and the UK’s proposal for a reformed product safety regime which, if it comes to fruition, could  represent a radical change in the product safety landscape and may result in a rapidly diverging regime between the UK and EU. Managing product safety and liability risks

In turning to product liability, the speakers outlined key proposed changes to the EU Product Liability Directive, which, amongst other things, is intended to provide easier access to compensation for consumers who suffer damage from defective products. It was highlighted that companies should continue to follow best practice for managing the risk of claims – for example, by ensuring that products are safe by design, post-market monitoring is conducted, and adequate contractual and insurance arrangements are in place.

Our speakers then turned to discussing the current trends in mass product liability claims and the complexities that these present, including the scale and expense of proceedings for both the courts and defendant companies. Practical tips for defendants of such mass claims included identifying the nature and extent of likely disclosure early to gain an insight into the merits of a case, and instructing technical experts early in the proceedings.

The session concluded with an overview of Baker McKenzie’s Product Risk Radar, our online content hub for the latest legal developments in product regulatory and liability risk impacting the UK and EU.

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