Product Compliance

The placing on the market and sale of products within the European Union is subject to comprehensive regulation, also in view of a constantly growing and at the same time competitive market environment. The specific requirements for various product groups are constantly increasing, especially at the European level. A wide range of technical requirements and labelling specifications must be taken into account right from the product design stage. The obligations also address all economic actors along the supply chain. Even if product law requirements primarily affect the legal manufacturer, there are also regular obligations for importers and dealers.

In the event of legal infringements, there is an increasing risk of competition lawsuits in addition to intervention by market surveillance authorities, fines and product recalls. A situation that offers numerous challenges for market players.

 

Hoffmann Liebs possesses proven competence and many years of experience in product law. We advise our clients on all aspects of product regulation throughout the entire lifecycle of a product. We provide support in and out of court with regard to material product requirements, product labelling and accompanying documentation, contract drafting and importing from third countries. In addition, we guide our clients safely through the crisis in case product safety defects are identified. We monitor risk assessment, coordinate authorities in Germany and abroad, assist in corrective measures and represent our clients in administrative and criminal proceedings. We also support them in enforcing/defending claims under product liability law and competition law.

 

Our advice covers the following issues in particular:

  • Advice on product conformity and the avoidance of damage and recourse
    Identification of relevant international and national legislative acts and technical standards for a specific product
  • Material product requirements
  • Conformity assessment procedure and EU Declaration of Conformity
    Product licensing procedures, accreditation and certification
  • Requirements for technical documentation and accompanying documents
    Product labelling
  • Drafting contracts (including QA and distribution agreements, liability agreements and clauses)
  • International and national product recalls, including coordination with recall insurers
  • Product liability and compensation
  • Administrative offence proceedings and competition cases in the event of product infringements
  • Claims for recourse in the supply chain, including nationally and internationally support of judicial and extrajudicial expert proceedings
  • Support and, if necessary, enforcement of coverage claims against liability insurers

Our team