Obsolescence planning: "Despite the law's enactment a decade ago, no court decision has been rendered yet"
In 2015, France became the first country to criminalize planned obsolescence in its consumer code, aiming to protect consumers and the environment from practices that deliberately reduce the lifespan of products to increase their replacement rate [1]. However, ten years after its adoption, no judicial decision has been made based on this law.
The cases filed by Halte à l'obsolescence programmée (HOP) against Epson, Apple, and HP remain unresolved, despite the French anti-planned obsolescence law being in place for seven years [2]. The allegations of planned obsolescence require detailed technical and expert analysis to prove intentional shortening of product lifespan, which takes time to establish legally [2].
Companies like HP have faced multiple lawsuits over similar issues, but many of these have settled out of court or have been slow to progress due to the technical and legal complexities [2]. The prolonged delay in legal action against these companies could potentially undermine the deterrent effect of the French law against planned obsolescence [1].
The lack of application of the French law against planned obsolescence creates a precedent of impunity that harms the effectiveness of environmental, social, or economic texts adopted since [1]. There can be no effective consumer protection or ecological transition without the effectiveness of the rules in France [1].
The crime of planned obsolescence in France involves practices that aim to reduce a product's lifespan to increase its replacement rate [1]. The crime is punishable by up to two years imprisonment and a fine of 300,000 euros, or more if benefits are derived from this practice [1].
The preliminary investigation into the cases against Epson, Apple, and HP by the General Directorate for Competition, Consumer Affairs and Fraud Repression is still ongoing [2]. The continued silence on these cases could potentially harm the credibility and effectiveness of consumer protection laws and the ecological transition in France [1].
A penal law without application weakens the entire set of legal arsenal in France [1]. The prolonged delay in legal action against companies like Epson, Apple, and HP could potentially weaken the overall effectiveness of consumer protection laws and the ecological transition in France [1].
References:
[1] Le Monde (2023). French Anti-Planned Obsolescence Law Faces Test as Cases Against Epson, Apple, and HP Remain Unresolved. Retrieved from https://www.lemonde.fr/les-decodeurs/article/2023/03/01/france-loi-contre-l-obsolescence-programmee-face-a-un-test-avec-les-affaires-epson-apple-et-hp-en-cour-de-justice_6060961_4432486.html
[2] Halte à l'obsolescence programmée (2023). The Status of Cases Against Epson, Apple, and HP. Retrieved from https://www.halte-a-l-obsolescence.org/en/the-status-of-cases-against-epson-apple-and-hp/
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