The market for consumer goods is competitive, fast-moving and highly regulated. Reputation is key. Manufacturers and retailers must ensure that their goods and services comply with a range of EU and national laws and regulations. We understand that the consequences of a failure to comply can be catastrophic, both legally and reputationally.
Our dedicated cross-departmental Product Liability team provides a comprehensive service to domestic and international clients. The team includes engineers, medical doctors and claims specialists, and is experienced in advising suppliers and retailers on product and consumer regulation.
Our team has particular experience in heavily-regulated industry sectors such as pharmaceuticals and medical devices, agri-food and beverage, consumer electronics, and transportation, including motors, aviation and maritime. This allows us to draw upon sector-specific expertise while delivering a seamless service.
Our approach is founded on an in-depth understanding of the regulatory landscape, with a strongly industry and commercial focus. We ensure to give our clients clear explanations of complex issues, robustly defend their interests and devise practical value-adding solutions for them wherever possible.
We advise clients in the following areas:
- Pharmaceutical and medical devices
- Food, agriculture & beverage
On the following key issues:
- Defence of defective products litigation
- Product safety and regulation
- CE marking, and related regulations
- Labelling and advertising
- Supply chain security
- Distance sales regulation & ecommerce laws
- WEEE and other waste obligations
- Insurance & Professional Risks
- Advising a US manufacturer of safety devices in an investigation undertaken by the Marine Casualty Investigation Board, arising from the tragic loss of 3 fishermen at sea.
- Advising the State Claims Agency and Health Service Executive on product safety and recall issues, and in defence of product liability proceedings, arising out of the use of metal-on-metal hip replacement devices manufactured by, amongst others, De Puy.
- Advising a German manufacturer on a cross-jurisdictional recall of electronic products, involving a notification to the NCA (the National Consumer Agency), managing the public relations strategy and liaising with other legal firms in multiple jurisdictions to ensure consistency of messaging and approach.
- Advising on product compliance and safety at the pre-launch stage in relation to many consumer goods, particularly in the electronics, food, beverage and clothing sectors, including:
o Nest Labs (thermostats, CO & smoke alarms, video products)
o Oculus (virtual reality headsets)
o Bose (electronics)
o a multivitamin drinks manufacturer
o Claire’s Accessories (jewelry, clothing)
o An international sports equipment retailer on a range of over 100 products
- Acting for a New Zealand manufacturer of transport equipment in defence of product liability litigation. The litigation involves complex issues around jurisdiction, dispute resolution and indemnities between manufacturer and supplier.
- Acting for a US manufacturer of child car seats in defence of product liability litigation, arising from the tragic death of a child in a road traffic accident, which included representation at a very difficult and sensitive Coroner’s Inquest prior to the litigation issuing.