Pharmaceutical giant held liable under the Product Liability Directive for the first time

By Chris Hodges, Commercial Partner, CMS Cameron McKenna

On 9 February 2004, a Danish Court ruled that the producer of Lariam must pay damages to a consumer who suffered psychiatric side effects after taking Lariam to prevent Malaria when visiting Thailand. The Court held that the product was defective under the Danish law implementing the Product Liability Directive (85/374/EEC) because it did not give the consumer information about known risks from the product.