A product recall is a set of measures taken to retrieve an unsafe product that has been supplied or made available to consumers. Product recalls are one of a number of corrective actions that can be taken for products that are deemed to be unsafe. Recalls differ from other corrective actions like product withdrawals. Product withdrawals are where further units of the product in question are withdrawn from the supply chain, without the need for retrieval of products already sold to consumers.

Why do products get recalled?

Product recalls can be triggered by:

  • Health damage
  • Accidents
  • Dangerous situations
  • Serious close calls, or
  • Perceived risks.

The recall criteria vary by product type. The ultimate decision to recall a product is determined on a case-by-case basis with reference to the legislation applicable to the product in question. For medical devices, factors like the risk to patient health, the extent of the quality defect, the market impact and the root cause of the defect are considered. Food can be deemed unsafe where it is ‘injurious to health’ or ‘unfit for human consumption’, with long-term potential harm included.

What does a successful product recall look like?

A successful product recall is characterised by the quick and effective removal of any unsafe product, with consumer safety being the top priority. This starts with the manufacturer swiftly identifying and assessing the risk. This is aided by strong supply chain relationships and effective communication with commercial partners.

Once a risk is identified, the manufacturer must assess the risk and swiftly formulate an effective response plan. This is made possible by robust traceability systems and a well-prepared recall plan. This allows the manufacturer to determine the severity of the risk, the number of impacted products and their locations. The manufacturer must then proactively engage with the relevant product safety regulator, agree on an appropriate recall plan and the best communication strategy where necessary. Ideally, the manufacturer should maintain control of the recall and keep the regulator updated.

A successful recall doesn’t necessarily require the retrieval of all products. Instead, it ensures that impacted consumers are informed of the risk and given the opportunity to return/replace the product or seek alternative remedies such as a full or partial refund.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

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