FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
• Replacement with an equivalent product, with shipping costs borne by the operator. • Refunds must be offered, at least equal to the purchase price, without the need for proof of purchase. These solutions must be implemented in a simple, effective and free manner to maximise consumer participation in recall operations, and additional incentives may be offered, such as vouchers. Under French law, these provisions are supplemented by the legal guarantee of con - formity. The new GPSR is now the reference regulation for product recalls. The French Consumer Code reiterates the obligation to issue a digital recall notice on the dedicated website. In addition, when withdrawal or recall measures are imple - mented, professionals draw up and keep up to date a quantified statement of the products with - drawn or recalled, which they make available to authorised agents. Specific obligations are also set out for certain types of products, in particular food and health products. 1.5 Penalties for Breach of Product Safety Obligations Member states are responsible for determining the penalties applicable in the event of non- compliance. The penalty system in France is based on a two-pronged approach, recently strengthened by the DDADUE law of 22 April 2024 No 2024-364. Failure by an economic operator to report information is now punishable by five years’ imprisonment and a fine of up to EUR150,000 for a natural person, EUR750,000 for a legal entity, or 10% of the average annual turnover for a company (Articles L. 451-1 and L. 451-6 of the Consumer Code).
Article L. 132-4 of the Consumer Code provides for additional penalties, such as posting or dis - tributing the decision or a press release to inform the public. Following the adoption of Regulation (EU) 2023/988 in May 2023 on general product safety, which applies from 13 December 2024, Article 2 of Law No 2024-364 of 22 April 2024 containing various provisions for adapting to European Union law in the fields of economics, finance, ecological transition, criminal law, social law and agriculture (known as the DDADUE Law) transposed the measures requiring adaptation of French law, in particular the higher penalties for product recalls now provided for in Article L. 452-5-1 of the Consumer Code (five years’ imprisonment and a fine of EUR600,000, which may be increased to 10% of the average annual turnover of the operator in question). The operator may also be penalised for mis - leading commercial practices, in which case the fine will be increased to 50% of the expenses incurred by the practice constituting the offence (Article L. 132-2 of the Consumer Code). Article L. 521-1 et seq of the French Consumer Code lay down specific obligations in terms of measures taken by the DGCCRF to pro - tect consumer safety. The DGCCRF may issue injunctions, accompanied by a daily fine of up to EUR3,000 (Article L. 521-1 of the Consumer Code), or a one-year marketing suspension in the event of serious or immediate danger (Article L. 521-17 of the Consumer Code), which may be publicised. The total amount requested to pay the penalty may not exceed EUR300,000. Where the infringement is punishable by a fine of at least EUR75,000, the periodic penalty pay - ment ordered in application of this article may be determined on the basis of the worldwide turn- over excluding tax achieved by the controlled
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