Rapid Response

Product recall

Recalling products can involve significant direct costs, but these can potentially be far outweighed by the implications of a poorly managed product recall procedure and resulting reputational damage. It is therefore imperative that a corrective action procedure is in place. It must be clearly understood by all internal teams and external advisers in order that a recall can proceed as smoothly as possible. Key aspects of this procedure should include the following:

  • Instruct the internal team and external advisers to implement the corrective action procedure governing the potential product recall and distribute contact details for team members.
  • Identify the actual hazard and its root cause.
  • Assess the risks, including the likelihood of harm, the potential severity, the affected population and the acceptability of any risk.
  • Decide whether a recall is actually necessary or whether other action, for example, warning notices may suffice.
  • Undertake a traceability exercise to ascertain how many products have been affected, where those products are in the supply chain and which jurisdictions are involved. Suppliers and distributors may need to be involved in the process.
  • Dependant upon the product and the risks involved, specific rules may apply to recall procedures. Alternatively, the company may wish to comply with voluntary sector guidance.
  • Decide which regulators need to be notified or, if they are already involved, manage the process strategically and ensure that they act within the law and within their scope. If European community notification procedures are required (eg RAPEX notifications) advice in all relevant jurisdictions may be necessary.
  • Nominate a person or team to communicate with the regulators and with the press. All other employees should direct information requests to this team only. Prepare responses to press questions in advance and do not appear uncertain or divided.
  • Notify the company's insurers regarding coverage for third party claims and for recall procedure costs if held.
  • Put in place procedures to receive, handle and dispose of returned products.

We have vast, multi-jurisdictional product recall experience and we are able to assist in both preparing and stress-testing recall procedures including respones to media interest. We are also on hand 24/7 through the Rapid Response System to help you wherever and whenever we are needed.

This website provides a general overview and discussion. It should not be used as a substitute for taking legal advice in any specific situation. Please contact a member of our team for specific enquiries.