As a starting point, the producer is liable where a defective product causes damage. The tricky question is who exactly qualifies as the producer. The concept is broader than the physical manufacturer. It also captures the supplier, although the latter normally steps out of the firing line by timely identifying the actual producer.

The clothing brand SAPPH is once again making headlines but this time, not because of its cheeky advertising campaigns. Instead, the spotlight is on the brand’s online store misleading customers. Orders are reportedly not being delivered, and the webshop operator, Ultracool, has become completely unreachable (source: GPD). The situation has escalated to the point where the Dutch Authority for Consumers and Markets (ACM) has launched an investigation into the company’s online operations.