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Home Commercial

What to do when products are unsafe

by fmlaw news
October 11, 2024
in Commercial
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What to do when products are unsafe
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You may need to undertake a product recall if a product you sell has safety concerns, falls short of a safety standard, or has caused injuries or near misses.

All businesses that sell products, including retailers, online sellers, and manufacturers, have product safety responsibilities.

The international standard ISO 10377 Consumer product safety- Guidelines for Suppliers has been adopted as a voluntary standard in New Zealand and it is encouraged that all New Zealand businesses use it.

If you sell or supply products

Any product sold in New Zealand comes with the guarantee to the consumer that the product is of acceptable quality. This includes that it is safe and meets any applicable safety standards required by law.

If you discover that a product that you’ve sold or supplied doesn’t meet safety standards, your business should consider issuing a voluntary recall.

The first step is to issue a recall notice.

A recall notice should:

  • identify the product being recalled
  • explain the problem or risk if it’s a safety recall
  • set out the remedy on offer
  • explain what the customer needs to do to get the remedy
  • give contact details for your business so your customers can get in touch.

The costs associated with providing a remedy (either fixing, refunding or replacing the product being recalled) should be paid for by the supplier you bought them off, or your business itself.

If this guarantee is not met, consumers can return the product to where they got it from and ask for a repair, replacement, or refund. This can happen even if there has been no product recall.

Serene heater recall

Earlier this year, an investigation by WorkSafe’s Energy Safety into the Serene S2068 bathroom heater led to a prohibition notice being issued as the product is unsafe.

The manufacturer, Serene Industries Limited (Serene), has ceased trading in New Zealand, and the Ministry of Business, Innovation and Employment (MBIE) has been engaging with all known suppliers of the product.

Other than Serene, the known retailers and electricians of these heaters have issued voluntary recalls of this product. The Minister for Commerce and Consumer Affairs has also issued a compulsory recall directed at the manufacturer, Serene.

If you have supplied a Serene S2068 heater and have not issued a voluntary recall yet, please contact Product Safety at MBIE immediately.

As part of this recall, retailers and electricians who have supplied these units have to either replace it with an equivalent product or refund the product.

You can find out more about the recall on the Product Safety website, and the investigation on the WorkSafe website.

Be prepared for the unexpected

Knowing that problems like faulty products can occasionally occur can help you prepare your business for the future.

Planning for disruptions to your business will help you:

  • identify risks if something goes wrong
  • work out how to get back to business-as-usual as quickly and smoothly as possible
  • consider what options you have if you can’t recover.

Source: business.govt.nz

(*) If there are any copyright-related issues regarding the articles published on our website, please do not hesitate to contact us. We would handle the request accordingly.

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