Recalling an unsafe product: a checklist

1. Determine your role in the production chain

What you need to do for the safety of your product and what you are responsible for depends on your legal role in the production chain.

Use the decision tree to determine your role

Are you responsible for product safety? For example, because you are a manufacturer, authorised representative, or importer? Then you are liable for any damage caused by your product. You will then probably have to recall the product. Continue to step 2.

Do you have another role, such as distributor or fulfilment centre? Then read the step-by-step guide for your role to know what to do if a product is unsafe.

2. Find out exactly which product is involved

Research exactly which product, type, sort, or version is involved. You should know the product identifier code, batch number or name, and the production date. These details should be shown on each product. You must trace the origin of the product. This means checking where this product or its parts come from. For example, if you are an importer of a product, you need to find out who the manufacturer is.

Then find out where the product is now. Is it still in a warehouse, or in shops with sellers. If the product is not yet available to consumers, it is a ‘silent recall’. Officially, this is not a recall but the ‘discontinuation of trade’ (staken van de handel) before it comes on the market. You must still report the unsafe product to the supervising authority.

3. Report an unsafe product and keep a complaints register

Report the product to the Dutch supervising authorities via the European Commission's Business Gateway.

In your report, you must indicate:

• what the potential risks of the product are
• which complaints you have received
• what you have done to limit or remove the risks (such as a safety warning or a voluntary recall.

Also provide the information from step 2. You need to keep this information available for 10 years after the product came on the market. The technical file of this product must remain available to the supervising authority for 6 years.

4. Product recall

Voluntary recall

Did you report the product to a supervising authority yourself? Then you should already take appropriate steps to limit any risks. For example, you can recall the product yourself. An unsafe product can damage the reputation of your business and the product. By starting a recall yourself, you show that you are taking responsibility and trying to solve the problem. Explain to consumers what the risk is and how it was caused. Or show how you have improved the product. Then you may be able to restore the reputation of the product and your business.

Forced recall

A supervising authority may also demand that you recall a product. Perhaps after consumer complaints. Or because the information on the label is incorrect and the product may be unsafe for consumers. For example, because there is no Dutch instruction manual supplied with the product. It is then unclear to customers how to use the product safely.

You recall a product by directly contacting customers who bought the product. See step 5.

5. Contact others in the chain and your sales channels

Contact your business customers, such as a distributor and your sales channels. Instruct them to stop selling or distributing this product. You must remove the product from the market, for example, from shops. And for online sales, have it removed from websites offering your product.

6. Warn consumers through public channels

Ask customers to return the product. Do you have contact details of your customers? If so, use them for this purpose. Also use other channels to reach as many customers as possible. For example, through the media. Or via online shops that sell your products. In that case, use contact details from that shop's customer database. Mention which product it is about. Use the information from step 2 for this. Have you sold a product via a shop? Then use contact information from that shop's customer database.

There are requirements for your product safety alert. Such as:

• The title in Dutch must be Belangrijke veiligheidswaarschuwing (‘Important safety warning’)
• It must be clear how and where consumers can return the product.
• You must provide information in the language of the country where your product is sold.
• You must give a clear description of the product, including a picture.
• You must report where, when, and by whom the product was sold.
• You must also publish your contact details so that consumers can file a complaint about the product. For example, a phone number, email address or chat option on your website.

Read more about the requirements for a safety warning (in Dutch).

Inform other involved parties as well

For example:

• your insurer
• your lawyer
• business customers
• the retailer
• your supplier

7. Offer customers a refund, repair, or replacement

You must always offer customers at least 2 of these 3 options:

1. repair
2. a replacement product
3. refund of the purchase price

Is repair or replacement not possible within a reasonable time? Then the customer is always entitled to a refund of the purchase price. Returning the product must not cause inconvenience or expenses to the customer. If the product cannot easily be carried by the customer, because of its size or weight, you must collect the product. Mention this in your communication as well.

8. Store returned products in a safe way

Provide a safe way to store the returned products. What you do with the returned products depends on the type of product and the risk:

• You first investigate the product.
• You destroy the returned products. Please consider the environmental regulations of your municipality.
• You repair the product.

Keep the supervising authority informed of your steps and follow their instructions.

9. Consider additional costs

The consequences of a public recall can be significant. For customers who have suffered damages, your business, and the product. Managing the recall costs time and money. To recall the product, you may have to advertise and send safety warnings several times. You can hire a marketing or communications agency to do this.

You may have to destroy or repair the products that have come back. Or you may have to supply replacement products. You will lose revenue and will incur additional costs.

Do you need to adjust the production process? Or carry out extra safety checks? These activities may disrupt the normal production process.

Claim for damages

If consumers have suffered physical injury, material, or mental damage because of your unsafe product, they can file a claim for damages with you. The EU wants it to become easier for consumers to file a claim for damages. For example:

• the €500 damage threshold will be removed
• consumers can file a claim for damages up to 15 years after suffering the damage
• consumers can request product information from you, which you must then provide

You can avoid lawsuits by paying out the damage claim. If you do not, victims can jointly file a mass claim that goes to court. You will then need a legal adviser or lawyer.

10. Bringing the product back on the market

Once the defect has been corrected and the product is safe again, you can put the product back on the market. You do not need permission from the supervising authority to do this. Give the renewed product a new registration or (type)name. This will make it clear that it is a different product.