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PRODUCT | Spring round-up: Navigating developments across products law

Product Law Outlook: Developments, Updates, Compliance, and Trends

31 May 2025

Beautiful vintage sakura flower (cherry blossom) in spring. vintage color tone

In this edition of PRODUCT, we review our articles to date and reflect on the fast-evolving landscape of products law across key sectors. From automotive innovation to MedTech challenges and the growing intersection of cybersecurity and liability, the first part of the year has seen continued developments across the regulatory and legal landscape.

In February, we explored how new EU rules are reshaping safety and liability in the automotive and mobility sector. March turned our focus to MedTech and per- and polyfluoroalkyl substances (PFAS). Then in April, we unpacked how cybersecurity, data protection, and AI are transforming the global products law landscape.

Altogether, these insights reflect the fast pace of change across the regulatory landscape—and the importance of staying informed as legal and market expectations continue to evolve.

Chapter 1 Evolving products law and safety innovations in the automotive and mobility industry

In our February edition of PRODUCT we examined the evolving landscape of safety innovations and regulations as well as their implications for automakers, suppliers, distributors, etc., in the EU's automotive market. As consumer expectations and regulatory requirements shift toward enhanced (road) safety, automakers, suppliers and other economic actors operating in the automotive industry face an ever-changing legal landscape: Key legislative frameworks, such as the General Safety Regulation (EU) 2019/2144 (GSR), the General Product Safety Regulation (EU) 2023/988 (GPSR) and the new Product Liability Directive (EU) 2024/2853 (PLD 2024) stipulate certain legal requirements that increase compliance complexity and pose new potential legal liability risks, particularly as connected and automated vehicles become more widespread.

The article aims to provide a comprehensive overview of important shifts in the EU's legal landscape, highlighting the critical safety features required by the GSR and their interplay with new product safety requirements under the GPSR as well as potential liability risks under the new PLD 2024. By understanding these dynamics, economic actors in the automotive industry can better navigate these legal challenges while contributing to the overarching goal of improved road safety.

Furthermore, the EU Products Law Book 2025/2026 edition is now live — a comprehensive guide for navigating the increasingly complex EU products law landscape around product liability, product safety, and product compliance. Covering the automotive, consumer, electronics, machinery, and robotics industries, the book offers practical insights on managing legal risks, ensuring product marketability, and handling product crises effectively. Access the eBook here and for any copies or questions, please contact Sebastian Polly.

Read the full article here: PRODUCT | Evolving Products Law and Safety Innovations in the Automotive and Mobility Industry

Chapter 2 PFAS and product law: Navigating regulatory and legal risks

In March, we turned our attention to the MedTech industry and the escalating regulatory and legal challenges surrounding per- and polyfluoroalkyl substances (PFAS). PFAS are a class of organic chemicals used in a variety of industrial and consumer products which is on the rise and evolving day-by-day. MedTech is one industry sector that is increasingly impacted. The use of PFAS in medical devices is ubiquitous as PFAS have useful properties, such as making plastics more flexible. However, this broad use also subjects MedTech companies to an increasing array of environmental state and international regulations and a target of the plaintiffs’ bar.

The regulatory environment is rapidly evolving, with significant developments in both the U.S. and Europe. In the U.S., the Environmental Protection Agency (EPA) has intensified its focus on PFAS regulation over the last several years, including releasing a multiyear PFAS Strategic Roadmap, finalizing a Toxic Substances Control Act Significant New Use Rule (SNUR) for approximately 300 inactive PFAS, and adding nine PFAS to the list of chemicals covered by the Toxics Release Inventory under Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). In Europe, five EU member states have submitted a proposal to the European Chemicals Agency (ECHA) to restrict the “manufacture, placing on the market, and use of [PFASs] as a chemical class in the EU.” ECHA expanded the scope of PFAS uses into the medical sector in November 2024. It is expected that, if adopted in 2025, some materials would be prohibited as soon as 2026, while any material that received a derogation would have a sunset period of at most 12 years following a transition period.

As the PFAS landscape evolves, companies in all sectors should be aware of what PFAS are, the PFAS regulatory landscape, and the legal risks posed by these chemicals. Although the regulation of PFAS in MedTech may not be a priority at the federal level under the current administration, the growing list of state and international regulations and PFAS bans will impact global supply chains and have regulatory implications.

Read the full article here: PRODUCT | PFAS and product law: Navigating regulatory and legal risks

Chapter 3 Cybersecurity and product liability in technology – Cross perspectives

In April, we explored the evolving intersection of cybersecurity, data protection, and product liability in the technology sector. As our world becomes increasingly connected and digitalized, with smart, data-driven devices—particularly those forming the Internet of Things (IoT)—growing more prevalent, regulators are re-evaluating how they address safety, risk, and liability. This shift is driven by the escalating scale and complexity of cyber threats, prompting significant legislative developments in both the EU and the U.S.

Until very recently, product liability focused on tangible goods, with digital considerations largely absent from applicable regulations despite the expansion of smart, connected products that had introduced new risks, particularly concerning data and privacy. The cyber risk is now genuinely acknowledged by EU and US products law – cyber risks being a criterion of product safety, creating a complex legal landscape for technology producers, especially those developing IoT devices.

A key challenge for these producers is their dual role as both manufacturers of physical products and controllers of the data collected and processed by these products. This duality raises critical questions: Which liability rules apply in the event of a cyber-attack or data breach? How do existing product safety directives align with data protection regulations?

The article emphasizes the importance of proactive risk management and compliance strategies. As regulatory frameworks continue to evolve, technology companies must stay informed and adapt to ensure they meet both product safety and data protection obligations.

Read the full article here: PRODUCT | Cybersecurity and Product Liability in Technology – Cross perspectives

Authored by Lauren Colton, Mark Brennan, Christine Gateau, Michael Heyl, Katy Milner, Sebastian Polly, Megan Dorsch, Bérengère Moin, Julia Wilkes, and Lena Obenhuber.