In September 2022, the European Commission published a proposal to review the Directive on liability for defective products. The proposal aims to update the law for the digital age, the circular economy and the globalisation of value chains. However, the proposed broadened definitions and new concepts within the proposal are concerning, as they omit to consider existing liability rules – under tort or contract law – within domestic jurisdictions of Member States. The proposal, as it stands, risks introducing strict liability as a standard for all claims and alleged future challenges. The recommendations contained in our position paper provide guidance on how to best tackle identified challenges.
Product Liability Directive
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Advancing EU-US consumer protection cooperation
On Wednesday, 9 September, AmCham EU hosted a roundtable on transatlantic consumer cooperation as a part of the European Union’s International Product Safety Week and the International Consumer Product Health and Safety Organization’s International Symposium. The discussion explored how closer EU-US cooperation could improve consumer outcomes in practice, from product safety and recalls to fair commercial practices, as the European Commission prepares to revise the Consumer Protection Cooperation framework.
The exchange began with reflections on the state of play of transatlantic consumer cooperation from Sarah Wilson, Partner and Chair of the Product Safety Practice Group, Covington; Pierre Minoves, Acting Policy Assistant, Cabinet of Commissioner McGrath, European Commission; and Léa Auffret, Director, Transatlantic Consumer Dialogue. This was followed by a discussion with leading EU and US experts, officials and AmCham EU member representatives about how improving EU-US cooperation in consumer protection can deliver benefits for businesses, consumers and regulators. Thank you to Covington for sponsoring and to Razvan Antemir (Amazon), Chair, Consumer Affairs Committee, AmCham EU for moderating.
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Digitising product information across the Single Market
Together with 21 other associations, AmCham EU is calling on EU policymakers to modernise product information requirements and allow regulatory information to be delivered digitally, as a complement or alternative to physical documentation. Paper-based obligations and fragmented language requirements complicate supply chains and generate unnecessary waste. Digital delivery can make information more accessible and available in consumers’ preferred languages, while supporting the EU’s simplification goals. As the Commission revises the New Legislative Framework, policymakers should establish a clear legal basis for digital product information across sectors, while preserving flexibility where physical information remains necessary across the EU. Learn more in the joint statement.
Consultation response: Digital Fairness
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