Call for online marketplaces to be made liable for dangerous products

Illegal teeth-whitening products, dangerous cosmetics, hazardous toys and thermometers which give false readings are among the more dangerous products commonly found selling online by consumer groups across the EU.

A compilation of research published on Thursday by Beuc, an umbrella group representing national consumer organisations, suggests that multinational online marketplaces continue to be a source of dangerous products.

However, it can be extremely difficult if not impossible to hold anyone accountable for the sale of dangerous items given the cross-border nature of online commerce and the ability for small operators based outside of the EU to easily target people in Ireland and across Europe.

The consumer group has called for all marketplaces that facilitate such sales to be made liable for adverse consequences of the products they sell.

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“Consumer groups’ research glaringly show that online marketplaces fail to prevent dangerous products from appearing on their sites,” said Monique Goyens, Beuc’s director general.

“Making marketplaces liable under EU law, including for products from third-party sellers could help address the problem, and yet doing so seems to be considered taboo among policymakers,” she continued.

She suggested that a failure by the EU and its member states to act “will hinder a solution to the sale of dangerous products through online marketplaces for years to come, as all major legislative options will have been exhausted.”

In 2020, the Beuc network showed that two-thirds of 250 products bought from online marketplaces failed safety tests.

Since then, the EU has been reviewing relevant laws on digital service and the role of online intermediaries in tackling illegal activities and content online.

A review of product liability legislation – which deals with what happens when a defective product harms a person – is awaited but delayed until September 2022 at the earliest.