Module 17 2024

04/12/2024

Who is “strictly liable” for a defective product in UK?

1 st Importer into GB*

“Own Brander”

“Producer”

Manufacturer

Each “Supplier” can be liable as “Producer” if it fails to identify previous supplier

User/Patient

Test for defectiveness: “ There is a defect in a product…if the safety of the product is not such as persons generally are entitled to expect ”. • *Changed geographic scope for UK from 1 Jan 2021 (Consumer Protection Act 1987), used to be first importer into the EEA

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TOPRA MSc Module 17

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New EU PLD

ECONOMIC OPERATORS LIABLE FOR DEFECTIVE PRODUCTS

Increase in potential secondary Ds:

Increase in potential primary Ds:

Manufacturer of a product

Component manufacturer

EU distributor

First importer who places the product onto the Union market from third country

Online platform

EU Authorised Representative

FSP (Fulfilment Service Provider)

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TOPRA MSc Module 17

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