CONFRONTING PRODUCT OBSOLESCENCE
(2021) The Columbia Journal of European Law — Vol. 27, n° 2, p. 97-150 (2021)
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- Abstract
- Firms frequently employ various strategies to render products obsolete after a relatively short time or limited usage. This phenomenon of “product obsolescence” harms consumers, undermines market efficiency, and increases the waste the throw-away economy generates. While instances of suspected planned obsolescence have recently led to public outcry, the existing law and policy framework that addresses product obsolescence is incomplete, underdeveloped, and ineffective. This Article offers a principled and holistic approach to the regulation of product obsolescence. Part I presents the different forms of product obsolescence. The typology we offer in this Part highlights some forms of obsolescence that have escaped legal scrutiny. Thereafter, Part II reviews the harms that product obsolescence causes to consumers, competitors, the environment, and society at large. In doing so, we demonstrate how product obsolescence is at odds with two key European Union commitments: a high level of consumer protection, and a shift towards more ambitious environmental regulation. Next, Part III critically assesses the existing legal framework and its (in)ability to effectively tackle the problem of product obsolescence. Finally, Part IV offers policy recommendations aimed at better utilizing existing regulatory tools and employing novel tools to cope with product obsolescence.
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Sibony, A.-L., & Shmuel I. Becher. (2021). CONFRONTING PRODUCT OBSOLESCENCE. The Columbia Journal of European Law, 27(2), 97-150. (Original work published 2021)