However, the development risks defence dose compare favourably with its counterpart in negligence, the ‘state of the art’ defence laid down in Roe v Minister of Health (1954). Whereas Roe seems to set a minimal standard, in that the defendant’s practices must be no worse than what another person in the same field would do, but need not be as good as the best, the development risks defence, as explained by the ECJ, imposes a much higher standard, requiring producers to be aware of the latest knowledge, provided it is accessible.