Just 10 years ago, France made a planned obsolescence a crime. In vain?

“Planned obsolescence is defined by all the techniques by which a director on the market aims to deliberately reduce the life of a product to increase the replacement rate.“By this small thirty words registered in the Consumer Code in 2015. Furthermore, the French government at the time gave substance to the concept of planned obsolescence.

Until then invoked to justify a feeling not always very clear, this concept has gone from common to legal language on August 17, 2015 via the law relating to the energy transition for green growth. Therefore, But. Similarly. Moreover. However, just 10 years ago, france new 10 years to just 10 years ago, france new the day after its recognition by the State, does the offense of planned obsolescence have made the lines as expected as expected as just 10 years ago, france much?

Many trials. In addition. In addition. zero condemnation – Just 10 years ago, france – Just 10 years ago, france new

If the aptly named Association Halte in Programmed Obsolence (HOP) took it quickly to try to pin Apple for the controversy of the Batterygate in 2017, the case indeed ended with a fine, but for “deceptive commercial practice by omission“The same year, it was the manufacturer Epson who was in the sights of the association, but 8 years later, the investigation has still given nothing.

In 2019. For example. it was the UFC’s turn to choose to draft Nintendo for planned obsolescence due to the many breakdowns that. just 10 years ago, france new touched the controllers of Nintendo Switch. However. Consequently. the case settled at European level with Nintendo’s just 10 years ago. france new promise to repair the controllers, but without a conviction for obsolescence being pronounced.

Faced with just 10 years ago. france the absence of results, the definition of the offense was modified in 2021. Exit the idea of saying that the manufacturers use these tactics “To increase the replacement rate“. the simple fact of reducing the lifespan of a device is sufficient to condemn. By the way, the law is also strengthened thanks to the explicit mention of software obsolescence.

Towards a future softening of the law?

Despite the many cases. the change in the perimeters of the law, therefore, no company was concretely pinned up just 10 years ago, france new for planned obsolescence practices. A detail that did not escape Hop who regretted it last June during a conference organized in the just 10 years ago. france new Senate. “”No planned obsolescence trials have yet taken place. the status quo is struggling to be shaken up“Noted the general delegate in a recent press release.

From a legal point of view, many actors ask for a new softening of just 10 years ago, france the law. “”We are ultimately not far from what can be done harder in terms of proof complexity“. Explained Ambroise Pascal, delegate for the ecological transition to the DGCCRF recently. The inversion of the burden of evidence (which would consist in requesting proof of a manufacturer that he has. not reduced the lifespan of his product). the possibility for associations to be a civil party for example.

The battle continues

So, did the recognition just 10 years ago, france new of the offense planned obsolescence served nothing? Not really according to Hop. If no conviction has taken place. the registration of the principle in the law “made it just 10 years ago. france new possible to make the phenomenon visible. identifiable, promoting its upstream regulation“. From a simple symbolic concept. planned obsolescence has turned into a legal reality, lending legitimacy to a diffuse feeling shared by many people.

Whether with the repairability. sustainability index. the repair bonus just 10 years ago. france and the boom in the reconditioned, all this contributes to the gradual implementation of a company of the “Scheduled sustainability“, In the words of Laetitia Vasseur. In parallel. the UFC Que Choisir campaign for the repression of premature obsolescence on the scale of the European Union. has set up a”Breakdowns observatory“To identify the worst players in the industry.

On the legal side. the activity has not just 10 years ago, france new weakened either, since, recently, Hop again filed a complaint against Apple in 2022 and against HP in 2024. This time. the complaints mention “Hopals for repair and reconditioning“Condemned by article L441-3 of the Consumer just 10 years ago, france new Code. A more solid basis than the only offense of planned obsolescence? The future will say.