CIVIL LIABILITY FOR DAMAGE CAUSED BY A DIETARY SUPPLEMENT

Abstract

This paper is an attempt to answer a question concerning the existing legal framework and whether or not it is sufficient to ensure civil liability for damages caused by the consumption of a defective dietary supplement. The issue of proper regulation of liability for the defects of unsafe food products will become increasingly important in view of the rapid development of food production and consumption. It is assumed that normative sanctioning of that type of liability should primarily contribute to ensuring better protection of the consumer. However, the example of liability of damage caused by consuming dietary supplements illustrates that we are dealing with a multi-dimensional issue that may go beyond the applicable regime. The existing legal framework is insufficient to ensure civil liability for damages caused by the consumption of a defective dietary supplement. It is a direct consequence of the specific nature of dietary supplements and the lack of an adequate risk analysis when adding a definition of that product to EU law. De lege ferenda, it is imperative that the term of a product ‘defect’ be expanded and that additional disclosure duties are imposed on manufacturers, among others.