This article considers the different approaches that lawmakers in the European Union and the United States have taken to ensuring the safety of consumer products put on the market in their jurisdictions. We address the obligations placed on manufacturers and others in the supply chain in the EU and U.S. (including obligations to recall dangerous products), and penalties for failure to comply, including litigation consequences.
Product Safety and Recall in the European Union
The General Product Safety Directive (2001/95/EC) (or GPSD) sets EU level rules on safety of consumer products, which the governments of each member state are required to implement in national law. The GPSD defines what products are “safe,” orders manufacturers and distributors not to place unsafe products on the market, and requires them to take corrective steps if they find they have done so.
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