Product Liability 2009 - Arnold & Porter LLP

White & Case LLP Japan
8 Updates
8.1 Please provide, in no more than 300 words, a summary of
any new cases, trends and developments in Product
Liability Law in Japan.
The most notable, recent development in the field of product safety
has been the considerable revision of the CPSL which went into
effect on May 14, 2007. While not creating a private cause of
action for injured persons, the revised CPSL does place on all
companies a duty to collect information about accidents involving
their products, report such accidents under certain circumstances to
the government, and to undertake remedial measures to eliminate
any unsafe conditions or properties of their Product. There is also
a duty placed on retailers to report up the distribution chain any
incidents that come to their attention. From April 1, 2009, for
products that can become especially dangerous due to deterioration
Yuji Ogiwara
White & Case Law Offices
Kandabashi Park Building
1-19-1 Kanda-nishikicho, Chiyoda-ku
Tokyo 101-0054
Japan
Tel: +81 3 3259 0200
Fax: +81 3 3259 0150
Email: yogiwara@whitecase.com
URL: www.whitecase.com
Yuji Ogiwara, a partner of White & Case Law Offices, has been a
licensed Japanese attorney since April 1995. He advises clients on
matters of corporate risk management in such areas as labour law,
product liability, antimonopoly and intellectual property and has
represented and appeared in Japanese court many times on behalf
of his clients. He joined the firm in 2001 and spent time in the
White & Case San Francisco office during 2004-2005. Prior to
joining White & Case, Mr. Ogiwara worked for six years at a large
Japanese law firm in their Tokyo office as well as their Shanghai
branch for one year. He is a graduate of the Tokyo University Law
Faculty (LLB) and the Legal Research and Training Institute of the
Supreme Court of Japan. He speaks Japanese and English, and has
some knowledge of Chinese.
ICLG TO: PRODUCT LIABILITY 2009
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over time (such as kerosene heaters), the CPSL will require
Manufacturers/importers to notify consumers that the
manufacturer/importer will inspect the product upon request, keep
a database of the owners of such products, and inspect such
products when so requested by a product owner. Also from April 1,
2009, the CPSL will require Manufacturers/importers to affix a
warning label to products for which prolonged use often results in
minor accidents (products such as electric fans and air
conditioners). METI advises that such a warning label should state
the intended life of the Product and possible accident scenarios.
As of the time of writing of this chapter, two bills regarding
consumer safety are under consideration by the Diet. One would
create a Ministry of Consumer Affairs to be in charge of Japan’s
product liability policy. The other would give the Prime Minister
power to order recalls and take other measures. The passage of both
of these bills is uncertain.
David E. Case
White & Case Law Offices
Kandabashi Park Building
1-19-1 Kanda-nishikicho, Chiyoda-ku
Tokyo 101-0054
Japan
Tel: +81 3 3259 0200
Fax: +81 3 3259 0150
Email: dcase@whitecase.com
URL: www.whitecase.com
David E. Case is a partner of White & Case LLP, is admitted in New
York and is qualified as a Registered Foreign Attorney in Japan. He
is an experienced licensing, litigation and regulatory compliance
attorney primarily practicing in the areas of intellectual property,
antimonopoly, and product liability/product safety. He frequently
advises domestic and international clients in a variety of consumer
product industries as well as pharmaceuticals, medical devices,
semiconductors, software and auto parts. He joined White & Case’s
New York office in 1998 and transferred to Tokyo in 2002. He was
a summer clerk at Ishizawa, Ko & Sato in Tokyo, Japan in 1996.
Prior to becoming an attorney, he worked for 5 years in Japan in the
information technology industry. He obtained his Juris Doctor,
Magna Cum Laude, in 1998 from Syracuse University College of
Law. He also read economics at London University, University
College between 1988-1989. He is a native English speaker who
also speaks and reads Japanese fluently.
Established in 1987, the White & Case LLP Tokyo office is one of the largest foreign law firms in Japan. Through its
registered association of White & Case Law Offices, its Tokyo-based foreign-qualified and Japan-qualified lawyers work
alongside each other to offer foreign and Japanese legal advice to domestic and international clients concerning virtually
all forms of business transactions in any country.
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