§4.1.2 Planned obsolescence

Consumers can encounter early obsolescence practices whereby goods last less than their normal ‘lifespan’ should be according to consumers’ reasonable expectations. In particular, the premature failure of the goods can be due to planned obsolescence, or built-in obsolescence in industrial design, which is a commercial policy involving deliberately planning or designing a product with a limited useful life so that it will become obsolete or non-functional after a certain period of time. As explained under 2.3.1 above, the UCPD also covers commercial practices which occur after the transaction has been made. Regarding smart and connected goods, such commercial practices after the purchase can consist of reducing the functionality or slowing down the operation of the goods through software updates without a valid reason. UCPD does not have provisions specifically addressing obsolescence. However, where the trader, including manufacturer, engages in commercial practices towards the consumer, its failure to inform the consumer that a product has been designed with a limited lifetime might, subject to a case-by-case assessment, be considered as omission of material information under Article 7 UCPD. Furthermore, such practices may also be contrary to the requirements of professional diligence under Article 5(2) UCPD if they are likely to materially distort the economic behaviour of the average consumer. For example: — Omitting information that a smartphone's battery (which is subject to particular wear and tear) cannot be replaced or that a printer ink cartridges are programmed so that their replacement is needed before they are actually used up could be in breach of Article 7 of the UCPD, even if there may be technical justifications for designing the good in this way. — A national consumer protection authority fined a printer producer for misleading and aggressive practices, including not adequately highlighting the limitations on the use of non-original printer ink cartridges on sales packages (321). — National consumer protection authorities took action concerning the premature obsolescence of smartphones (322). Certain smartphone models were negatively affected by the installation of a new operating system and subsequent updates, leading to reduced battery life and slowed down performance. Consumers were not adequately informed about the purpose of the updates and their consequences on the performance of the product under Article 7 UCPD. Other EU legislation provides additional means of combating planned obsolescence for specific product categories. The Ecodesign Directive (323) allows the Commission to establish mandatory minimum requirements to improve the environmental performance of products, including in relation to reparability and durability. There are Ecodesign durability requirements already in place for vacuum cleaners (for some components) (324), and for light bulbs (325), and ecodesign reparability requirements for washing machines (326), dishwashers (327), refrigerators (328), televisions (329) etc. New ecodesign requirements are in preparation for other consumer goods, such as for example smartphones and tablets (330), in line with the Circular Economy Action Plan and the underlying Ecodesign Working Plans (331). Ecodesign requirements often go hand in hand with new or updated energy labels for the same products, which provide information on energy efficiency of the product but also other parameters (332). In the context of the Sustainable Product Initiative, an amendment of the Ecodesign Directive is being examined to widen its scope beyond energy related products, and make it applicable to the broadest possible range of products (333). The Ecolabel Regulation (334) establishes a voluntary ecolabel award scheme intended to promote products with a reduced environmental impact during their entire life cycle and to provide consumers with accurate information on the environmental impact of products. The Ecolabel criteria consider the potential to reduce environmental impacts due to durability and reusability of products, for example in case of textile products, electronic displays and furniture. The Sale of Goods Directive (EU) 2019/771 protects consumers against the lack of conformity with the contract (a defect) that exists at the time of delivery of the goods and that becomes apparent within 2 years from the delivery of the good (‘legal guarantee’ – Article 10(1) and (2)). To provide for stronger consumer protection, Member States may maintain or introduce even longer time limits for seller’s liability. The legal guarantee can apply where the non-conformity is caused by obsolescence practices. In the event of a dispute, the consumer has to prove the lack of conformity. Article 11 clarifies that within 1 year from the delivery, the consumer does not have to prove that the lack of conformity already existed at the time of delivery. Member States may maintain or introduce a 2-year period for this reversed burden of proof. Article 7(3) also obliges the seller to ensure that updates are provided to consumers for ‘smart goods’ for the period of time that the consumer can reasonably expect (for single act of supply of the digital element), or throughout the legal guarantee period (for continuous supply of the digital element). In addition, if the contract provides that the digital content or service of the smart good will be supplied continuously for a period longer than the legal guarantee period, then the seller is obliged to provide updates for that longer period. Moreover, Article 7(1)(d) adds durability as an objective conformity requirement (defined as ‘the ability of the goods to maintain their functions and performance through normal use’ in Article 2(13)). While product-related requirements in relation to specific types or groups of products is left for product specific Union legislation, the Directive provides in a general manner that the goods must possess the durability which is normal for goods of the same type and which the consumer may reasonably expect, given the nature of the goods and any public statement made by or on behalf of any person in the chain of transactions. Article 17(1) also refers to the ‘commercial guarantee of durability’ offered by a producer as a specific form of voluntary ‘commercial guarantee’. A producer offering such a guarantee is liable directly to the consumer during the entire period of the commercial guarantee of durability for repair or replacement of the goods in accordance with Article 14 of the Directive, i.e. free of charge, within a reasonable period and without any significant inconvenience to the consumer. The New Consumer Agenda (335) and the Circular Economy Action Plan 2020 (336) foresee further proposals to tackle premature obsolescence.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07