June 18
2021
Trajan Shipley
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10th June 2021
Consumer, Health & Environment

Inaccurate health tip in a newspaper is not a defective product, says Court of Justice

The Court of Justice has delivered its judgment in KRONE – Verlag (C-65/20), a request for a preliminary ruling on the interpretation of Articles 1, 2 and 6 of the Product Liability Directive (85/374).

The judgment held that a physical copy of a daily newspaper containing a technically inaccurate health tip which, when followed, causes damage to health, is not to be regarded as a ‘defective product’ within the meaning of the Directive, and therefore no liability for the newspaper, the publisher, nor the author of the text arises from it. 

The Court reasoned that a product is ‘defective’ when it does not provide the safety which a person is entitled to expect, it being determined on the basis of certain characteristics inher

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