What Is The Law On Product Recalls?

Product recalls are essential for protecting consumers from unsafe, defective, or hazardous products. In India, product recalls are regulated by laws that ensure manufacturers, importers, and sellers take timely action to remove such products from the market. The legal system mandates steps for recall, consumer notification, and compensation. These measures are vital for consumer safety, maintaining product standards, and establishing accountability among businesses.

Laws Governing Product Recalls in India

Consumer Protection Act, 2019 (CPA)

• Section 2(47) defines product liability and holds manufacturers, sellers, and service providers accountable.
• Central Consumer Protection Authority (CCPA) can order a recall of unsafe goods and provide refunds or compensation.

BIS Act, 2016 (Bureau of Indian Standards)

• BIS can initiate a recall for certified products that fail quality checks or violate safety standards.
• Applicable to ISI-marked goods like electrical appliances, helmets, or packaged food.

Drugs and Cosmetics Act, 1940

• Recalled products include medicines, cosmetics, or health supplements that are expired, misbranded, or harmful.

FSSAI Regulations (Food Safety and Standards Authority of India)

• Food businesses must recall unsafe or contaminated food and inform consumers and distributors.
• Detailed recall procedure is provided under FSSAI's Food Recall System (2017).

Voluntary Recall vs. Government-Mandated Recall

• Manufacturers may voluntarily recall a defective product to prevent harm and legal consequences.
• If not done voluntarily, authorities like CCPA, BIS, or FSSAI may issue a mandatory recall notice.

Notification and Consumer Rights

• Consumers must be notified publicly via press releases, emails, or official websites.
• They are entitled to refund, replacement, or repair without additional cost.

Penalties for Non-Compliance

• Heavy fines, cancellation of licenses, or imprisonment may apply if businesses ignore recall orders.

Steps a Consumer Can Take If They Receive a Defective Product

• Check for official recall announcements on government portals (e.g., consumeraffairs.nic.in, fssai.gov.in).
• Preserve purchase receipts, warranty cards, and packaging as evidence.
• Immediately stop using the product and contact the brand's helpline or service center.
• File a complaint with the CCPA, BIS, or consumer court if the company does not respond.
• Claim compensation if the product causes injury, loss, or health risks.

Example:

A consumer buys an electric kettle that short-circuits and causes a fire. Later, the company issues a product recall for that model due to a wiring defect.

Steps the consumer should take:

• Stop using the product and note the model and batch number.
• Visit the brand’s website or BIS portal to confirm the recall.
• Contact customer support to request a free replacement or refund.
• If there’s no response, file a complaint with the Central Consumer Protection Authority.
• Seek compensation for damage to property or health under the Consumer Protection Act.
• Submit a complaint to the local consumer forum or online at edaakhil.nic.in if needed.