In France, product safety and strict compliance with regulations specific to each product are absolute imperatives that producers and manufacturers must manage with the greatest diligence. If they fail, they are exposed to liability actions, or to a recall of products already on the market that they will have to carry out, at the international level, under the control of the authorities.
Those concerned about product liability disputes in France should be aware that the country's class action law is very different from that in the US. France's framework for class actions is relatively new and highly circumscribed – indeed, fewer than 10 class actions have even been filed in France. In mid-2016, however, a new Loi de santé came into force, introducing a mechanism for healthcare industry class actions. Under this law, certain healthcare system users may group their claims against cosmetic and healthcare product manufacturers, suppliers and service providers. The action itself must be brought not by private lawyers but by "authorized health system user associations."
Our Paris team's product liability work includes defense of civil liability actions with a strong international dimension and management of collective complaints involving large numbers of litigants. We provide regulatory advice on security and product recalls, coordinate product recalls, and provide bespoke internal training sessions. Among our clients are major French and international companies including insurers, aircraft manufacturers, equipment manufacturers, MROs and several industrial companies.
