France Bans ´Programmed Obsolescence´ Consumer Goods - Spain to follow?

An example for those not familiar with the term ´Programmed Obsolescence´. This is a built-in feature that will tell your printer to stop functioning after X amount of copies, just so you will go and buy a new one. Forced consumerism in other words.

In France these features are prohibited and if found in consumer goods, the manufacturer punishable by law, with  fines of up to 300.000 euros and even in some cases a prison sentence of up to two years.

As in Spain a new Royal Decree is being drafted in which the new European Directive on Waste from Electric and Electronic Goods should be incorporated, consumer organisation FACUA is lobbying with the relevant Ministries to follow France´s example as this would mean an important step forward with respect to the protection of the interests of consumers and users.

In light of this issue, FACUA also proposes to amplify the legal minimum guarantee period for these kinds of products, as this would be an efficient method to avoid ´programmed obsolescence´ being practiced. As well as more regular checks and heavier sanctions for those manufacturers that fail to respond satisfactorily to reclamations from consumers within the guarantee period.

The EESC (Economic and Social Comittee of the EU) has demanded the prohibition of the practice of ´programmed obsolescence´ a year ago and Facua insists that the Spanish representatives take a stand in favor of the protection of consumers, consistent with the ´Declaration of Madrid´ that was issued in June this year, describing the new bases for sustainability re a responsible production of durable consumer goods.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.