50 LAWYER MONTHLY NOVEMBER 2024 In an increasingly interconnected world, understanding product liability laws is crucial for manufacturers operating in multiple jurisdictions. This article features insights from Sylvie GallageAlwis, a leading expert in products litigation, who sheds light on the current landscape of product liability in France. It highlights key legal frameworks, challenges faced by businesses, and emerging trends that shape the regulatory environment. With a focus on practical strategies for risk management and compliance, this piece serves as a vital resource for companies looking to safeguard their interests while ensuring consumer safety. Can you share your perspective on the current state of product liability laws in France and how they compare to other EU countries? Product liability laws in France are the result of the implementation of EU Directives and Regulations relating to products. That said, given that Directives need to be transposed, some differences can exist between EU Member States. For instance, French law contains specificities that need to be known. The most famous example is the Toubon Act, which imposes that all communications to French consumers be in French. This means that all labels, claims, packaging, terms and conditions, instructions for use, etc., have to be in French. In the event of a breach of this Act, companies can face fines but may also be required to implement corrective measures. More importantly, they could be criminally prosecuted on the grounds of misleading commercial practices. Another example is that France is very protective of the “Made in France” marking, and very specific conditions need to be complied with. One should also be aware that some specific industries are highly regulated when it comes to claims on products, particularly the luxury and food industries, where French companies are very present and want to see their savoir-faire protected. The complexity of our legal framework does not simplify the work to ensure Sylvie Gallage-Alwis An Interview with... Exploring Product Liability in France: Key Insights and Strategies About Sylvie Sylvie Gallage-Alwis heads the Products Litigation practice, which is one of the largest in the Paris market and involved in the most high-profile industrial risk pending cases in France. She is an Avocat à la Cour in France and a solicitor in England and Wales. Sylvie has over 15 years of experience in complex disputes linked to products, namely product liability, product safety, toxic tort, mass litigation/class actions, regulatory compliance, and the environment. She represents manufacturers across industries that include life sciences, automotive, electronic products, cosmetics, energy, and food.
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