Product liability and nano particles

Nanotechnology is a sophisticated and groundbreaking area of science that many believe has the potential to be as revolutionary as the development of silicon technology. However, as with all new technologies, nano-manipulation brings with it a whole gamut of challenges, including those that relate to its safety and potential product liability risks.

Nanotechnology exists at a truly micro level, manipulating objects at the level of the single atom so as to create new products. It is also a booming industry, with recent years witnessing an exponential rise in the number of products that harness nanotechnology. In fact, it is estimated that the industry was worth as much as £100 billion in 2005, and that by 2014 as many as 15% of all manufactured goods will rely on some form of nano product.

As yet, there is little nano-specific product liability regulation. This background of legal and scientific uncertainty means that manufacturers have a responsibility to anticipate potential risks and monitor all developments relating to the potential pitfalls of nano properties. Such an approach involves extensive product tests, managed market introduction, ongoing monitoring of existing products and, where necessary, swift product recalls.

What are the potential product liability risks?
Due to their tiny size, nanoparticles present very particular hazards, even when dealing with substances that in their larger non-nano form are completely innocuous. They can easily be inhaled and can even be absorbed through pores in the skin. Carbon nanotubes also present specific challenges, as they have a similar structure to asbestos fibres, with quantified toxicity risks.

There are also concerns that they may cause environmental pollution and pass up through the food chain. Some nanoparticles such as copper and silver have already been shown to be harmful to aquatic life.

What products contain nanoparticles?
A surprisingly widespread variety of products contain nanoparticles. At 61%, the health and leisure industry accounts for the majority of nanotechnology products. Next is the food and beverage industry, accounting for 11% of all nano products. Other manufacturers, such as those within the automobile, electronics and toy industries are also becoming increasingly nano-reliant.

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