Corporate liability, product safety and manufacturer’s liability

Marketing products on the European market requires compliance with a comprehensive system of technical and regulatory standards concerning safety, composition, labelling, technical documentation and compliance with applicable requirements. LGV Avvocati assists manufacturers, importers, distributors and supply chain operators in managing the legal aspects of product compliance, both in preventive measures and in dealing with objections raised by supervisory authorities.

We provide assistance in the application of European and national legislation on product safety, marking and technical requirements, with regard to the REACH Regulation, the compliance of materials and substances used, certification schemes and ISO standards, declarations of conformity, and liability issues arising from certifications, technical declarations and commercial communications.

We also assist clients in proceedings initiated by the competent authorities following customs or administrative inspections, in the management of sampling, analysis and counter-analysis, in dealings with customs authorities, local health authorities (ASL), the Istituto Superiore di Sanità and other market surveillance authorities, as well as in the preparation of submissions and technical and legal defences, including disputes over documentation provided for under national legislation governing official product safety controls.

We assist clients in disputes relating to allegedly defective or non-compliant products, in the management of product recalls, corrective actions and liabilities throughout the production and distribution chain, coordinating product crisis management, recourse claims between the operators involved and dealings with the competent authorities.

Our work also covers compliance with regard to the administrative liability of legal entities pursuant to Legislative Decree No. 231 of 8 June 2001. We assist companies in managing corporate liability through a process that begins with auditing to identify areas of risk and continues with the drafting of the organisational, management and control model, the code of conduct and the implementing company policies, as well as the training of staff and corporate bodies.

We also handle compliance in relation to whistleblowing, from the establishment of internal reporting channels to procedures for managing reports and protecting whistleblowers, in accordance with Legislative Decree No. 24 of 10 March 2023, implementing Directive (EU) 2019/1937.