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ARTICLE · 09 FEBRUARY 2012

Is this a watershed moment for products containing nanoparticles?

Manufacturers and distributors owe a duty to take reasonable care to prevent their products from causing harm to users.

AustraliaConsumer Protection

Key Points:

Emerging evidence of potential toxicity of zinc oxide and titanium dioxide nanoparticles, both of which have generally been considered safe for use in many domestic and personal products, may warrant revising entrenched assumptions and a reassessment of product liability risk-management practices for these products.

What are manufacturers' duties to stay abreast of the developing science?

Manufacturers and distributors owe a duty to take reasonable care to prevent their products from causing harm to downstream users. Although this is a trite proposition, it is often problematic to strike the right balance in practice.

A critical consideration for companies is to ensure their understanding and communication of potential risks to health from their products is up-to-date and appropriate.

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