52 LAWYER MONTHLY NOVEMBER 2024 it presents a safety risk. Indeed, it is important to note that it is not necessarily unsafe because a product is not compliant. Even if a product’s packaging is not in French and would hence not be compliant in France, this would not necessarily mean it is inherently dangerous. It is fair to say that the final decision always lies with the client, but we always underline all the risks associated with a conformity obligation and/or a safety issue and work with our clients to find business-friendly solutions. I believe that lawyers should provide advice that goes beyond the law. They have to know the business and suggest ideas to mitigate exposure. When you do so, there is never a debate on whether something needs to be done. What recent trends have you observed in French courts regarding product liability cases? Are there any significant rulings that have shaped the legal landscape? In a context of increasing environmental awareness and requirements, actions relating to misleading claims based on “green” products are developing. This is commonly known as “greenwashing”. Under French law, professionals that provide misleading information to consumers are punished under Article L. 121-2 of the French Consumer Code. The French regulator is actively investigating all environmental claims relating to products placed on the French market. To ensure that consumers are well informed about carbon neutrality claims, the Climate and Resilience Law of 22 August 2021 has amended Article L. 121-2 of the French Consumer Code to include false claims, indications, or presentations likely to mislead the consumer about the environmental impact of the product or the extent of the conformity of products purchased, the so-called “hidden defect” warranty. Pursuant to this warranty, if a defect that was not apparent at the time of sale appears afterwards, the buyer can, under specific conditions, file a claim against the seller, even after the legal warranty of conformity or any commercial warranty has expired. This issue of hidden defects is often linked to the question of the life cycle of products and how long they are supposed to last. A two-year limitation period that is specific to actions under the warranty for hidden defects is first of all provided for by the French Civil Code. In this respect, Article 1648 provides that the buyer of a product must bring an action within two advertiser’s environmental commitments in the definition of ‘misleading advertising’. Misleading environmental claims may be subject to a fine of up to €300,000 (£1,500,000 for a legal entity). These amounts may be increased to 10% of the annual average turnover calculated over the last three years, or 50% of the expenses incurred to communicate on the misleading claim when the profit generated from the misleading practice exceeds the amount of the initial fine. The amount of this fine can be increased to 80% when it is a misleading environmental claim. The Anti-Waste Law has also prohibited the use of certain types of claims, such as “biodegradable”, “compostable”, or “environmentally friendly”, or any other equivalent wording on all packaging, products, and advertising. Such claims are considered too vague and can therefore mislead consumers. Another major trend that can be mentioned concerns the time during which one can argue that the product is defective. France grants buyers, in addition to the legal warranty of It is important to note that it is not because a product is not compliant that it is necessarily unsafe.
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