In 2015, France became the first country in the world to outlaw planned obsolescence. HOP was founded after this landmark decision with the goal of advocating for product longevity but also ensuring the law enforcement.
In 10 years, the association has filed four complaints against brands such as Apple, Epson and HP.
Complaints against Apple
HOP has filed two complaints against the Apple brand. The first one dating back to December 2017 garnered over 15,000 user testimonies. HOP asserted that operating system updates for iPhone models 6, 6S, SE, and 7 led to device slowdowns and impaired functionality. The association claims Apple encouraged users to download the updates while being aware of their detrimental effects on smartphones. This performance degradation, coinciding with the launch of the 8 and X models, compelled many users to replace their devices, thereby having an important environmental impact.
The Directorate General for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF), under the French Ministry of Economic Affairs, led a two-year-long investigation. In 2020, following this investigation from the “consumer law enforcement agency”, the multinational corporation was sentenced to a €25 million fine by the DGCCRF for misleading commercial practices by omission after faulty updates.
At that time, HOP has nevertheless regretted that the settlement procedure deprived consumers from a public trial on planned obsolescence.
In 2022, HOP filed another complaint against the corporation regarding “parts pairing”, asserting that it constitutes a misleading commercial practice or latu senso planned obsolescence. Parts pairing is an approach that blends technical and software-induced obsolescence. Components are linked to a device using serial numbers and technology lock-ins. As a result, consumers are restricted to using only the spare parts from these specific brands and can only contact their customer service departments.
For HOP, Apple benefits from these disputed practices which make the consumer captive. Following this complaint, the Paris Public Prosecutor initiated an investigation in May 2023.
The first planned obsolescence trial will take place in France in 2027
Following a complaint filed by the association HOP – Stop Planned Obsolescence in September 2017, the printer manufacturer Epson has been summoned before the criminal court on charges of planned obsolescence and misleading commercial practices. It is claimed that the Japanese electronics manufacturer was intentionally reducing the lifespan of its cartridges and printers.
Following the preliminary hearing held on 2 July, the date of the hearing for the presentation of arguments has now been set. It will take place on 25 February 2027.
HOP believes that these practices infringe the 2015 French energy transition law.
The following practices are identified in the complaint against Epson:
- users are mistakenly led to believe that certain printer components, like the ink absorber pad, have reached the end of their useful life;
- access to printing is denied, falsely stating that the ink cartridges are depleted while there is still some ink left.
After the submission of the complaint on the 18th of September 2017, the Public Prosecutor initiated an investigation on the 28th of December of the same year. The investigation has been opened, founded on the former legal provisions against planned obsolescence, which have since been modified to make them more effective.
Complaint against HP, a printer manufacturing brand
In November 2024, HOP – Halte à l’obsolescence programmée filed a complaint against HP, the world’s biggest printer manufacturing company, to expose its practices of planned obsolescence for ink cartridges. The association deplore HP’s illegal, unfair and aggressive strategies designed to encourage excessive purchasing of the brand-new cartridges. These practices negatively impact both the consumers and the planet.
HOP is standing up against the following practices:
- HP is blocking certain cartridges from being used
The company is reportedly remotely causing devices to malfunction or cease working if they are used more than once with non-proprietary cartridges not sold by HP. Users are not explicitly informed about those practices.
When there is no new HP cartridge in the printers, the company would even go as far as blocking, in some cases, the whole device and the scanning feature which does not require any ink.
HOP condemns this as a coercive strategy that forces users to purchase new, expensive HP cartridges or subscribe to their latest printing services.
- Reducing ink level in the most widely used consumer cartridges, while selling them at prices reaching up to € 7.500 per litre.
HOP’s investigation shows that HP is gradually reducing the ink levels in its cartridges, yet selling them at escalating prices, some reaching as much as € 7.500 per litre. This is a massively expensive price when compared to the price of alternative compatible or remanufactured ink cartridges which are 30 to 70 per cent cheaper than new HP models.
- HP cartridge arbitrary lifetime
HP is purportedly making entire batches of cartridges obsolete, claiming they require an “update” without giving any transparent or clear information. These so-called old generation cartridges then become unusable.
On a wider level, HOP – Halte à l’obsolescence programmée calls for improving the oversight of the printing industry practices. This industry has become a symbol of planned obsolescence. To put pressure on policymakers, HOP launched a petition in November 2024.
What are the other French legal provisions wich can be drawn upon to tackle planned obsolescence?
Beyond the legal provision making it a criminal offence, other legal instruments can be harnessed to reduce planned obsolescence. Here is a legal overview on planned obsolescence.
What are the impacts of the Consumer Law of March 2014 and the Energy Transition Law of August 2015?
- Retailers are required to indicate the duration for which spare parts will be supplied for their products, allowing this information to influence consumer purchasing decisions (article L.111-4 of the Consumer Code). The effective legal warranty period of all the consumer goods is extended from a 6-month period to 2 years (art. L.217-7 of the Consumer Code).
- Introduction in the Environmental Code of the Circular Economy definition, which includes “the extension of product life cycle” (art. L.110-1-1 of the Environmental Code).
- Tackling planned obsolescence of manufactured goods through consumer awareness becomes one of the goals defined by article L.541-1 of the Environmental Code.
- Introduction of several provisions promoting collaborative and functional economies which indirectly contribute to increasing product lifespan. Indeed, in a leasing model, for example, when manufacturers retain ownership of the goods and only yield their use, it is in their interest to increase their quality and resistance.
- Strengthening the sectors involved in the extended producer responsibility model, based on the polluter-pays principle, thereby prompting them to increasingly back waste prevention efforts (art. L.541-10 of the Environmental Code).
What are the impacts of the law against waste and for a circular economy of the 11th of February 2020?
- The repairability index became mandatory in 2021 for some electrical and electronic device, thereby giving the buyer the opportunity to compare the products based on their repairability.
- A durability index enters into force in 2025. This index is more comprehensive than the repairability index and includes criteria such as product reliability and robustness.
- Manufacturers must specify the availability of spare parts and ensure their provision for five years for medical devices and select electrical and electronic equipment.
- A repair fund is being established with the goal of increasing the accessibility, affordability, and efficacy of repairs, through the repair bonus.
- Any practices aiming to deliberately make products unrepairable are banned.
- The disposal of unsold non-food products (clothes, shoes, electrical devices, personal care and beauty products, etc.) is banned.
Despite these positive developments, further measures at the national and European levels should be adopted to bring about lasting changes to our production and consumption patterns.
