Digital Product Passports: Some Implications for English and Welsh Sales Law

The EU’s Ecodesign for Sustainable Products Regulation 2024/1781 introduces various requirements for all products being sold in and into the EU. A central element of this Regulation is the requirement that products have a Digital Product Passport, which records information about the nature and content of the product. It is suggested that this new requirement (which applies in Northern Ireland) could have significant implications for English and Welsh sales law, particularly relating to the conditions on description, quality and fitness for purpose. In addition to these doctrinal implications, this article also raises some potential normative consequences of Digital Product Passports.