Product Recall and Product liability
Having discussed about the Product Recall and Product liability in Part- I, liabilities of different parties under the Consumer Protection Act, 2019 in Part- II, and the regulatory and legal framework of product recall under various laws of the land In Part-III, we hereby conclude this topic by analyzing the overall relevance of the subject matter in the present times.
ANALYSIS AND SUGGESTIONS
The establishment of the Consumer Protection Act, 2019 has provided for a simple mechanism to file consumer complaints, including e-filing facilities and filing complaints in the jurisdiction where complainant resides or works for gain. Therefore, proper implementation of the Act will improve the consumer protection law in India and further enforce substantial rights of the consumer.
Along with the proper establishment of Central Consumer Protection Authority, the Authority should aim to function in an effective manner, similar to the functioning of United States’ CPSC, which publishes the names of all brands and products being recalled from the market, including information of the brand, its performance and reason for recall on its official website.
The consumers can keep a check on such products and thereby increase consumer awareness. The CCPA can implement a similar method in India to promote product liability laws and provide information regarding product recalls.
Further, there is a need to implement product safety certification for certain products, as followed in the US and UK. A product having passed safety certification would not have to be recalled, which makes it advantageous for manufacturers as well as consumers.
Additionally, the Government needs to establish a comprehensive recall policy so as to be on par with globally accepted standards of practice regarding product safety. Establishing a proper product recall mechanism will enable manufacturers to comply with the same and ensure proper product safety.
The Government may also establish separate recall agencies to deal with distinct manufacturing industries, so as to enable enhanced supervision of manufacturers and their products.
Product liability law and product recall policy have recently begun to emerge as a separate concept in law, with the introduction of the Consumer Protection Act, 2019. The 2019 Act provides for the regulatory framework to be followed for instituting a product liability claim against manufacturers and other related parties.
Further, it recognizes the concept of product recall, enabling the District Commission and Central Consumer Protection Authority to pass an order for recall of products which are found to be defective or unsafe for use.
Thus, it can be seen that the Indian legislation has taken crucial measures to protect the rights and interests of consumers. It has paved the way for implementation of a stronger, reliable and consumer-friendly consumer protection laws in the means of enforcing product liability on manufacturers and necessitating product recalls wherever necessary.
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