Our Litigation and Regulatory team advises Irish and multinational companies, including manufacturers, distributors, retailers and insurers extensively on all aspects of product safety and product liability law at both a national and EU level. Our experience ranges from managing and settling contentious claims to assessing and navigating regulatory risk and compliance issues arising from the full lifecycle of a product. Our team also has experience in complex, high-profile cross-border cases, advising and representing clients in a broad range of product liability disputes, including mass torts, international class actions and professional negligence litigation.
We support businesses expanding into new product lines or territories and who are looking to protect their brand and IP, understand the consequences of changing consumer behaviors and in understanding and complying with varying regulatory regimes. We routinely advise domestic and international clients on a wide range of regulatory issues, including product safety, product recall and on manufacturing, sales and marketing liabilities across a number of industries.
Our team is experienced in advising and representing clients in dealing with regulatory investigations and product liability disputes in the courts.
A key area for consumer products is the incoming Collective Redress Directive (CRD), which forms part of the European Commission’s “New Deal for Consumers.” The CRD reflects concerns raised by recent mass harm scandals with significant cross-border implications, and creates ever wider redress. The proposed rules are designed to implement an effective and cost-efficient scheme for mass consumer claims to be pursued both domestically and at an EU-level in response to a violation of EU law. We are working with clients to fully understand the implications of the directive and to liaise with the Department of Enterprise, Trade and Employment to ensure effective implementation of the CRD at national level. This is a critical development for product liability claims, and our Ireland team are at the forefront of any developments, as well as being part of the world’s largest Class Actions practice.
Our knowhow spans consumer products across a wide range of sectors, including food and beverage, tobacco, e-cigarettes and related products, and technology. We act seamlessly in cross-border mandates by leveraging the firm’s international network. We have extensive experience advising on issues arising under the Liability for Defective Products Act 1991, the Sale of Goods Acts, the European Communities (General Product Safety) Regulations 2004, and liability arising in tort and contract.
Our team has in-depth experience in the Life Science sector and advises international and domestic clients on complex EU and Irish rules on medical products and devices and related liability issues. Our experience to date includes advising on obsoletion of products under consumer, competition and medical devices regulations, and acting in an investigation by Irish and European regulators into side-effects and potential safety issues of a new model medical device. Our cannabis practice group has experience in advising on the framework and regulation of medicinal cannabis in Ireland and at an EU level.
Our team has acted in significant food and beverage product liability matters, both domestically and internationally, on the full lifecycle of consumables, from production, to entering the market, contamination and potential recall. We have a broad range of experience across compliance, food labelling, advertising, sales, promotion and advertising, indemnities with suppliers and food safety requirements. We act for a number of primary food and feed industry producer clients, including leading manufacturers of health beverages, infant formula food services and facilities providers and other leading multinationals.
We have experience engaging with regulators in Ireland and internationally to achieve best outcomes for our clients, and we managed large scale compliance notices and recalls where required. We regularly advise on insurance coverage, managing consumer claims and defending or pursuing high-value claims arising from product liability.