Product Liability

Penningtons Manches Cooper has extensive knowledge of disputes relating to product liability and all aspects of EU/global regulation affecting product manufacturers and suppliers. This expertise encompasses product safety, restrictions on the display and sale of products, risk management, recalls, advertising, labelling and ingredients/constituents.

We represent domestic and multi-national corporate clients spanning a wide range of sectors including the most heavily regulated such as tobacco, pharmaceuticals, medical devices, telecoms and construction materials.

A number of our lawyers have been seconded to the in-house legal departments of large, blue-chip clients and, as a consequence, have gained a first-hand understanding of the needs and priorities of clients and their busy in-house lawyers. Our commercial awareness in relation to the problems faced by such companies is regularly acknowledged.

We are skilled in handling the sensitive issues surrounding product recalls in a way that recognises the need to minimise the impact on our client’s business and on their reputation.

In addition, we have significant experience of commercial judicial review, having successfully challenged regulatory measures imposed by national and EU governmental authorities.

We offer expert advice on:

regulatory compliance, including the development of internal systems and policies
corrective action/product recall programmes
risk and crisis management, including reputation management
product labelling and packaging obligations
technical and design faults
defective product claims
Health & Safety Executive and Trading Standards investigations

Recent work highlights

Defective car parts liability claim

Representing a UK manufacturer of car parts on a damages claim brought by its US sole distributor concerning allegedly defective carpet mats supplied to major luxury car manufacturers throughout the USA.

Product recall for an international retailer

Advising an international importer and retailer of high value designer products on the notification process required for potentially unsafe consumer products. This included guiding them through the associated product recall and on reputation management issues.

Development of product safety policies

Assisting a leading global distributor of construction products on the development of policies and corrective action, establishing the systems and standards to have in place to mitigate the costs and risks associated with product safety incidents.