§ The Countess of Marasked Her Majesty's Government:
Whether a dispensing doctor who mixes ointments or medicines according to the written instructions of a hospital consultant will be regarded as the producer under the EC regulations for product liability for drugs and appliances;
Whether dispensing doctors will be regarded under EC regulations for product liability for drugs and appliances as producers if they dilute any ointment or medicine.
§ The Parliamentary Under-Secretary of State, Department of Health and Social Security (Lord Skelmersdale)The EC requirements concerning product liability are contained in a directive of the Council (Number 85/374/EEC). The provisions of that directive have been implemented in Part 1 of the Consumer Protection Act 1987. The points raised in the Questions are matters which it would be for the courts to determine.