Product Liability

Recent Articles

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  22/05/2025

  Europe

  Transposition Time – Netherlands, Finland, and Sweden: Update on the EU Member States’ adoption of the new Product Liability Directive

  This is the first of a series of articles in which CMS will report on progress of the transposition of the new Product Liability Directive[1] (“PLD”). Member States have until 9 December 2026 to transpose this measure into their national law. In brief summary, the PLD:[2]Extends the definition of “product” to include software and digital manufacturing filesExpands the pool of potential defendantsAlleviates the burden of proof for claimants in certain circumstances, e.g., where there are excessive difficulties in proving “defectiveness” in view of technical or...

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  30/04/2025

  England and Wales

  Changes in construction product marking in UK: indefinite extension of CE marking

  The UK's exit from the EU has led to significant changes in regulatory compliance, particularly in product marking standards. After the UK's withdrawal from the EU, the government planned to replace CE marking with UKCA marking in Great Britain, with a grace period ending on 30 June 2025.However, following the Independent Review of Product Testing and Certification (or the “Morrell-Day Review”), which highlighted the UK's inadequate testing capacity, the government confirmed that CE marking would continue indefinitely for construction products. It also committed to providing a minimum...

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  30/04/2025

  China

  China Issues Recall Regulation for Defective Special Equipment

  On 8 April 2025, the State Administration for Market Regulation (the “SAMR”) issued the Regulation for Defective Special Equipment Recall Management (the “Recall Regulation”), which will come into force on 1 August 2025. This regulation establishes a comprehensive recall mechanism for addressing systemic safety risks in special equipment, filling a long-standing legislative gap under the Law of the People's Republic of China on Special Equipment Safety (the “Special Equipment Safety Law”), effective since 2014.The “special equipment” governed by the...

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  07/04/2025

  China

  New Rules on the Im­ple­ment­a­tion of China's Anti-foreign Sanctions Law

  The State Council of China recently released the Provisions on Implementation of the Anti-foreign Sanctions Law of the People's Republic of China (the “Implementation Provisions”), taking effect on 23 March 2025. The Implementation Provisions serve as more detailed regulations following the Anti-foreign Sanctions Law (the “AFSL”) which has effective as of 10 June 2021. They provide helpful clarification but partly increase the burden for enterprises conducting international business.1.   Expansion on definition of foreign sanctionThe AFSL primarily focuses on actions...

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  02/04/2025

  England and Wales

  The silicosis scare: disease concerns from working with artificial stone

  BackgroundIn recent years there has been a significant increase in the popularity of using artificial stone in kitchens and bathroom worktop fittings with many retailers and trade suppliers emphasising its benefits for durable, low maintenance and aesthetic qualities. The material is made from a crushed natural stone bound with resins and colourings to create a hard surface. This is often sold as quartz worktops but may also have the terms ‘artificial marble’ or ‘granite composite’.Recent studies have found the artificially manufactured material contains up to 90-95% crystalline...

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  15/01/2025

  China

  2025 – Topics that may Concern You

  Companies doing business in China constantly have to deal with changes in regulations and new laws. This will also continue in 2025.Topics such as the new PRC Company Law, new PRC Tariff Law, PRC Regulations on Export Control of Dual-Use Items, network data security management, data transfer, opening up capital markets to foreign investment, and raise of statutory retirement age of employees etc. will continue to be a concern for many companies in China in 2025.Complying with regulatory requirements is one of the key challenges for foreign companies and investors in China, not only in terms of...

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