Why is planned obsolescence legal

Despite the primary role that product durability plays in shaping innovation and in defining quality standards, planned obsolescence has not yet been thoroughly examined through the lens of law and economics. The first part of the research will define and categorize planned obsolescence and its practice, which is possibly motivated by functional, aesthetic, technological, or logistical reasons. It will also describe and compare the legal solutions implemented thus far by U.

We also propose improving pre-contractual information about product durability. For that purpose, a unified and mandatory durability and reparability labeling system may prove beneficial. These labels should inform and empower consumers. Mandatory labeling and pre-contractual disclosures, even if smartly designed , are not a panacea. So we suggest that regulators broaden ecodesign regulation—which mainly addresses energy efficiency—to incorporate durability, reparability, and upgradability standards.

These standards could then be incorporated into regulatory schemes that would be revisited periodically. In particular, they could serve as benchmarks for the duration of mandatory product guarantees.

To mitigate the environmental waste that results from product obsolescence, policymakers could encourage , or even mandate, the expansion of take-back schemes.

Under such schemes, sellers take back used goods that consumers wish to discard. Take-back schemes, combined with extended producer responsibility, can help ensure that manufacturers internalize some of the costs that product obsolescence inflict on the environment.

Keeping goods for longer and generating less waste is more than a matter of prolonging functionality and reducing objective costs. While there are an increasing number of discussions in consumer law and competition law about considering environmental aspects, the EU competition law model predominantly deals with economic objectives.

Furthermore, neither consumer protection and unfair competition nor competition law adequately addresses the intergenerational argument, as the emphasis is on current rather than future consumers. Different approaches are currently being undertaken to address planned obsolescence across various legislative measures, such as unfair competition and consumer protection, ecodesign and e-waste, and potentially competition law.

The article has identified that these different measures are not without limits but are confined by various conditions. In most cases, the provisions require businesses to be transparent in communicating the expected lifespan of their products, instead of forcing businesses to build more durable products which could be easily upgraded or repaired. Yet, providing consumers with more technical information may lead to a confusopoly preventing them from making fully informed decisions.

Dealing with planned obsolescence from either the demand side or the supply side is not sufficient, as the current provisions of unfair competition and consumer protection, and competition law are not adequately equipped to address it. Lengthening the lifespan of products is not only about contributing to the development of an economic model based on a balance of the needs between consumers and businesses, but also environmental imperatives, with due consideration given to intergenerational justice.

It has therefore argued that planned obsolescence should be banned by an EU measure to safeguard a fair playing field and achieve consistency across the EU Member States to ensure that business strategies are in conformity with a CE. This should be done regardless of whether specific practices are used by businesses to deliberately reduce the product lifespan technological obsolescence or they attempt to induce the public to replace goods which still retain substantial physical usefulness style obsolescence.

Therefore, a three-tier approach with options inspired by the waste hierarchy could be introduced, where the most preferred option would be prevention due to durable products , followed by boosting reparability and upgradability, with a further suggestion to promote trade-in options in order to influence recycling.

For instance, in the scenarios where software no longer works once an operating system is updated. This is also known as incompatibility obsolescence. According to the United Nations estimates elaborated by Worldometers, the world population in August reached 7. Note: given that environmental law has a broad scope, this article will address some aspects, such as e-waste management, ecodesign and related aspects. The issue of planned obsolescence is a natural consequence and a negative externality of capitalism, which triggers the number of commercial transactions, leading to increased consumption and, inevitably, waste.

It affects every segment of society since the scope of planned obsolescence has already been extended by several industries, such as textile, electronics, automobiles, agriculture, printing and software. Apart from electronics, the scope of planned obsolescence has already been extended by several industries see n Adolphe Chaillet invented a metallic filament for the light bulbs capable of lasting hours in , which was increased to hours following further advancements.

Philip Kotler and others, Principles of Marketing Pearson 77—9. This slogan defining planned obsolescence was first used by Brooks Stevens. See Adamson and Gordon n 4 4. See also Aladeojebi n 19 Also known as contrived or built-in obsolescence. See Orbach n 8 91—2. In July , the European Parliament urged the European Commission to take measures on planned obsolescence, which, inter alia , should include an EU-level definition.

Further discussion is provided in section 8. Each product has a cluster of different attributes, such as price, quality and availability of related services. This notion acknowledges that humans use heuristics or short cuts in making quasi-rational decisions. Utilitarianism also forms the intellectual basis of welfare economics. Kurz n 59 Additionally, repeat packaging of all those products also poses a danger for the environment.

See Rivera and Lallmahomed n 9 According to art 5, Annex I lists the commercial practices that should be regarded as unfair in all circumstances. Specifically, in this case, the court noted that when assessing whether a commercial practice must be considered as a misleading omission, consideration should be given to the context in which that practice takes place, namely the limitations of time and space imposed by the communications medium used, regardless of whether such a requirement is expressed in the national legislation.

Cartels are strictly outlawed in the EU and its Member States as they cause increased prices. Such abuse may, in particular, consist in: i directly or indirectly imposing unfair purchase or selling prices, or other unfair trading conditions; ii limiting production, markets or technical development to the prejudice of consumers; iii applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; or iv making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

An aftermarket is traditionally described as a product or service that is complementary to and follows on from another, such as spare parts, consumables or maintenance services. Inability to upgrade of products should be evaluated in the built-in obsolescence field. Case AT. IBM was found to have abused its dominant position by forcing independent service providers through imposing unfair conditions regarding the supply of spare parts.

IBM offered to be legally bound to duly exercising their commitments in , which included ensuring the maintenance of the aftermarket competition for independent service providers. The RoHS was adopted, which requires heavy metals such as lead, mercury, cadmium, and hexavalent chromium and flame retardants such as polybrominated biphenyls PBB or polybrominated diphenyl ethers PBDE to be substituted by safer alternatives to facilitate recycling and reduce emission.

The Directive covers all energy-related products sold in the domestic, commercial and industrial sectors, with the exception of all means of transport covered by other legislation. For instance, s of the German Commercial Code, Handelsgesetzbuch, regulates the liability of the seller to notify consumers regarding the hidden defects of products. It is usually assumed that the seller is aware of all hidden effects. Even though planned obsolescence could fall under this category of a hidden defect, the provision is still not specific enough to test how planned obsolescence could be evaluated.

Law no on Energy Transition for Green Growth. Nein Danke! These practices both violated arts 20, 21, 22 and 24 of Legislative Decree n. Decision D of 16 March regarding practices implemented in the Apple products distribution sector. Namely, part 1, art 10, which deals with abuse of a dominant position.

In conformity with arts , and TFEU, and with the reference to the goal of ensuring the prudent and rational utilisation of natural resources. For further reading, see Maitre-Ekern and Dalhammar n 11 Oxford University Press is a department of the University of Oxford.

It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. Sign In or Create an Account. Sign In. Advanced Search. Search Menu. Article Navigation. Close mobile search navigation Article Navigation. Volume Our plans to tighten product standards will ensure more of our electrical goods can be fixed rather than thrown on the scrap heap, putting more money back in the pockets of consumers whilst protecting the environment.

They will cut 8 mega tonnes of carbon emissions in by reducing the amount of energy products consume over their life-time, government says — the equivalent of removing all emissions from Birmingham and Leeds each year. From 1 March, new energy labels have also been introduced which aim to simplify the way energy efficiency is displayed on a new scale from A-G. There should be no contest: consumers should have every right to fix items they own.

Making spare parts available is the first step in creating a circular economy where we use, reuse and recycle products. Often these metals are integral for Net Zero Britain: crucial for wind turbines, electric vehicles and solar panels.

We must stop using and disposing quite so much: we must take action if we are to protect the environment for generations to come.