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Product Recall

Is product recall mandatory?

Yes, if a business operator suspects that a product poses a health risk, they must immediately initiate a recall and notify the Agency.

When must the Agency be notified?

Upon discovering the non-compliance, immediately, but no later than 24 hours, the operator must send a notification to the relevant regulator.

What if consumers already bought the product?

The company is obliged to issue a public statement urging consumers to return or destroy the product, with a refund provided.

Who pays for recall costs?

All costs (logistics, destruction, reimbursement) are borne by the business operator (manufacturer or importer) responsible for placing the product on the market.

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Product Recall and Market Withdrawal: Crisis Management

Product Recall is one of the most stressful and responsible processes for any manufacturer or distributor. If a product poses a threat to human health or life (e.g., harmful substances in food, defective auto parts, dangerous toys), the business operator is obliged to immediately initiate its market withdrawal procedure. Georgian legislation strictly defines recall rules, obligations to inform consumers, and cooperation with regulatory bodies (NFA, Market Surveillance Agency). An improperly managed recall process leads not only to huge fines but also to the destruction of brand reputation and civil disputes with affected consumers. The lawyer's role in this process is critical for risk minimization and full legal compliance.

What Does This Service Cover?

Crisis management and legal experts on Legal.ge offer full support during the product recall process:

  • Risk Assessment: Rapid legal analysis of the situation — is the product truly dangerous and what type of recall is needed (voluntary or mandatory).
  • Notification Preparation: Preparing mandatory notifications for regulatory bodies (NFA, Market Surveillance Agency) within statutory deadlines.
  • Recall Plan: Developing a logistical and legal plan for market withdrawal (communication with distributors, return to warehouse).
  • Consumer Information: Drafting public statements that meet legal requirements while protecting the company's reputation.
  • Product Disposal: Legal formalization of the destruction or recycling process of recalled products with appropriate acts.
  • Dispute Management: Managing damage compensation claims from consumers or partners.

Common Situations When You Need a Lawyer

Product recall may be necessitated by various reasons:

  • Food Contamination: Lab tests showed Listeria or Salmonella in your product (e.g., dairy).
  • Labeling Error: The product label misses an allergen (e.g., nuts), potentially causing anaphylactic shock in consumers.
  • Technical Defect: Electronics have a manufacturing defect causing overheating or ignition.
  • Regulator Demand: The Market Surveillance Agency ordered you to recall a specific batch due to non-compliance with safety standards.
  • Consumer Complaint: Information about product harm spread on social media, requiring crisis response.

Georgian Legal Framework

For food, the "Code on Food/Feed Safety, Veterinary and Plant Protection" and Government Decree "On the Rule of Food/Feed Market Withdrawal" apply. For non-food products (toys, appliances), the "Code on Product Safety and Free Movement" applies.

Process: How Collaboration with a Specialist Works

The process includes:

  1. Incident Management: Creating a response team immediately upon receiving information (within 24 hours).
  2. Notification: Informing the regulator via "Alert Card."
  3. Action: Coordinating physical removal of products from the retail network.
  4. Communication: Managing press releases and consumer information campaigns.
  5. Completion: Submitting a report to the regulator upon process completion.

Why Choose Legal.ge?

Product recall is a crisis situation where every hour counts. Legal.ge gives you access to lawyers experienced in managing such crises. We will help you minimize damage, avoid fines, and maintain consumer trust. Find a crisis manager on Legal.ge.

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