John Leadley is a partner in the Dispute Resolution department of Baker & McKenzie's London office and also manages the firm's global disputes group. In addition to a wide ranging international litigation and arbitration practice, John has a specialist practice in defending complex product liability claims for clients in various sectors including Life Sciences, as well as advising on product safety, regulatory compliance and related crisis management issues.
This Practice Note considers product safety and corrective actions, including product recalls. It explains a producer or distributor’s liability under the General Product Safety Regulations 2005, SI 2005/1803 (GPSR 2005), and in particular the steps that both producers and suppliers must take to identify an unsafe product (or defective product), notify consumers and conduct corrective action, such as a product recall. It also considers the EU rapid alert system, known as RAPEX.
This Checklist sets out the key issues when dealing with a product liability or safety matter which requires a corrective action, such as a product recall. When considering corrective action relating to a product liability or safety issue, it is advisable to have reference to the new government-backed Code of Practice (PAS 7100) that was produced by the UK Government's new Office for Product Safety and Standards (OPSS) in combination with the British Standards Institution (BSI), the UK's national standards body, and sponsored by the Department for Business, Energy and Industrial Strategy (BEIS). While the guidance contained in the Code of Practice is not legally binding, BEIS has indicated that it expects compliance with the spirit and letter of the Code of Practice.
If you expected to see yourself on this page, click here.
0330 161 1234