Epson, Apple face French legal pressure over planned obsolescence

PARIS: French prosecutors have launched a probe into Japanese printer maker Epson for alleged planned obsolescence in its products, using landmark consumer legislation that campaigners hope to turn against Apple as well.

The investigation, confirmed to AFP by a legal source on Thursday, was opened in November and is being led by anti- trust and consumer protection specialists in theFrencheconomyministryunder the instruction of prosecutors in the Nanterre suburb of Paris.

It comes after a complaint by the association Stop Planned Obsolescence (HOP or Halte a l’Obsolescence Programmee) which filed a case against printer makers Epson, HP, Brother and Canon in September alleging they were tricking consumers into replacing ink cartridges before they were empty.

The group filed a separate complaint on Wednesday against Apple after the US tech giant admitted earlier this month that it intentionally slowed down older models of its iPhones over time.

Reacting to news of the Epson probe, the pro-recycling association called it “very good news.”

“For the first time in France and to our knowledge in the world, judicial authorities of a country have taken up a case of planned obsolescence,” HOP lawyer Emile Meunier told AFP.

Planned obsolescence is a widely criticised commercial practice in which manufacturers build in the expiry of their products so that consumers will be forced to replace them.

It is decried by consumer groups as being unethical and is suspected of being particularly prevalent in the electronics industry, which produces mountains of unrecyclable waste each year.

To tackle the problem, France passed landmark legislation in 2015 known as ‘Hamon’s law’ which made the practice illegal and – in theory – obliged retailers to say whether replacement parts were available.

The law, named after former Socialist minister Benoit Hamon, stipulates that a company found to be deliberately shortening the life of its products can be fined up to five percent of its annual sales while executives can face up to two years in jail.

The Epson case – if the initial legal inquiry finds enough evidence for a trial – could lead to the first prosecution for the crime, which some lawyers have warned will be difficult to prove in court.

The company did not comment on the legal probe when contacted by AFP on Thursday. — AFP