Product liability

Penningtons Manches Cooper has extensive knowledge of disputes relating to product liability and all aspects of EU/global regulations 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 also provide guidance on compliance with evolving regulations.

Commercially minded product liability advice

We represent both domestic and multi-national corporate clients, spanning a wide range of sectors, including some of the most heavily regulated industries such as tobacco, pharmaceuticals, medical devices, telecoms, and construction materials. Through working with such a diverse client base, the team has developed a deep understanding of the specific regulatory landscapes within these sectors, benefitting those clients looking for assistance with unique challenges.

A number of our lawyers have been seconded to the in-house legal departments of large, blue-chip clients. This experience has provided them with first-hand understanding of their needs and the priorities of busy in-house legal teams. Our commercial awareness and insight into the problems faced by such companies are regularly acknowledged and appreciated.

We are particularly skilled in handling the sensitive issues surrounding product recalls. Our approach is designed to minimise the impact on our clients’ business operations and protect their reputation. We understand the importance of managing these situations with discretion and efficiency, which is often critical for maintaining consumer trust and regulatory compliance.

Their legal judgment is great… excellent technical knowledge of the industries they work with.

Legal 500

In addition to our expertise in product recalls, we have significant experience in commercial judicial review. Our lawyers have successfully challenged regulatory measures imposed by national and EU governmental authorities, demonstrating our ability to work within complex legal frameworks and advocate effectively on behalf of our clients. We are committed to protecting their interests and ensuring that regulatory actions are fair and justified.

By combining legal expertise with practical business acumen, our experts deliver solutions to product liability issues that are thorough, commercially viable, and always keep the client’s strategic objectives at the forefront.

How we help our clients

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

Responding to Health and Safety Executive and Trading Standards investigations

Recent work highlights

Power tool manufacturer product safety

Advising a market-leading international power tool manufacturer on a variety of product safety issues, including product recall, prosecution risks, and potential claims from individuals injured operating its products.

Novel food regulations advisory

Assisting with the launch of Canadian nutritional drinks in the UK, including advice on the UK manufacturing of a product infused with CBD, and on its prospects for receiving a fast-track authorisation from the Food Standards Agency.

EU legislation and international standards

Advising a cotton supplier and broker on upcoming EU legislation relating to the green transition and on international standards for cotton use, assisting in establishing a new self-administered ethical standard compliant with EU environmental law on sustainably produced products.

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 international retailer

Acting for an international importer and retailer of high-value designer products on the notification process required for potentially unsafe consumer products, guiding it 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.

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