Product Law update - Feb 2020

Welcome to the latest edition of our product law update, this month we focus on product regulation post Brexit, the relationship between the limitation longstop and the Consumer Protection Act 1987 and product recalls of electrical goods across the UK.

 Product liability and regulation in a post-Brexit era: what will happen next?

With the exit of the UK from the EU upon us, how will this affect the product liability market and how might the body of law governing product liability and safety change? Read more

Whirlpool: further consideration after the Government’s follow-up report on Safety of Electrical Goods in the UK is published

Whirlpool has been subjected to criticism for its handling of recalls of various washing machines and tumble dryers. Read more

Beko v Wilson: Considering the relationship between the limitation longstop and the Consumer Protection Act 1987

In December 2019 the High Court ruled that consumers of products are not entitled to rely upon s41(1) of the Consumer Protection Act 1987 (the CPA) to circumvent the limitation longstop. The longstop prevents any claim for damages being brought under the CPA more than 10 years after the product was first put into circulation. Read more

Hastings v Finsbury Orthopaedics Ltd and Stryker UK Ltd: Scottish Court follows recent English decisions concerning “defect” under the Consumer Protection Act 1987

The Court of Session in Scotland has recently considered the meaning of “defect” under the Consumer Protection Act 1987 (the CPA). In this case, Mr Hastings (the pursuer) alleged that the metal-on metal total hip replacements he had been implanted with were defective under the CPA. Read more

FSA Consultation launched on technical guidance for allergen labelling

The Food Information (Amendment) (England) Regulations 2019 (SI 2019 No. 1218) will come into force on 1 October 2021 and will change the way in which food businesses in England provide allergen information of prepacked for direct sale (PPDS) food. Read more