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Consumer Product Safety

Who is liable for a defective product in Georgia?

The primary liability lies with the manufacturer. If the manufacturer is outside Georgia, the importer is liable. Retailers can also be liable if they sell obviously unsafe goods.

Is Georgian labeling mandatory?

Yes, all products sold in Georgia must have labeling and instructions in the Georgian language, clearly stating safety warnings and usage rules.

What happens if my product fails an inspection?

The Market Surveillance Agency can fine you, order the withdrawal of the product from the market, or demand a product recall from consumers.

Do I need a CE mark to sell in Georgia?

While Georgia approximates EU laws, a CE mark itself is not always enough; you must ensure compliance with specific Georgian technical regulations and documentation requirements.

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Consumer Product Safety is a vital component of modern trade and business, directly linked to human life and health. Legislation in Georgia imposes strict obligations on manufacturers, importers, and distributors to ensure that any product placed on the market — whether it be toys, electronics, construction materials, or cosmetics — is safe for consumers. A substandard or defective product can cause severe physical injury, property damage, and consequently, huge legal liability for the company. Furthermore, the Market Surveillance Agency actively monitors the market and is authorized to fine businesses or ban product sales if violations are found.

Legal assurance of product safety involves not only complying with technical regulations but also maintaining proper documentation, adhering to labeling rules, and conducting risk assessments. Legal.ge offers assistance from qualified lawyers specializing in product safety issues. Through our platform, you can connect with experts who will help you with both preventive measures (compliance) and dispute resolution if administrative or court proceedings have already been initiated against your company.

What does the Product Safety Service cover?

This service covers all stages of a product's lifecycle from a legal perspective:

  • Compliance Audit: Checking products for compliance with Georgian technical regulations and standards (e.g., toy safety, low voltage directive).
  • Labeling and Instructions Analysis: Verifying the accuracy of mandatory information (manufacturer, composition, warnings) on the label in the Georgian language.
  • Liability Risk Assessment: Identifying potential legal risks in case a defective product is placed on the market.
  • Representation in Supervisory Bodies: Protecting interests during inspections by the Market Surveillance Agency and appealing fines.
  • Consumer Claim Management: Legal response to claims for damages caused by defective products.
  • Contract Drafting: Including quality guarantees and liability distribution clauses in contracts with suppliers and distributors.

Common Real-World Scenarios

Product safety issues often arise in the following scenarios:

  • Dangerous Toys: An importer brought in children's toys containing toxic substances or small parts that pose a choking hazard. The Agency demands a product recall and fines the company.
  • Faulty Electronics: A sold heater caused a fire in a consumer's apartment. The consumer demands compensation for damages from the manufacturer or retailer.
  • Inadequate Labeling: Allergens are not listed in Georgian on a food product or cosmetic, causing a severe allergic reaction in a consumer.
  • Inspection Results: The Market Surveillance Agency suspended product sales due to the absence of documentation (Declaration of Conformity).

Legal Framework: Product Safety Code

The main regulatory act in this field is the Product Safety and Free Movement Code of Georgia. The Code establishes a general obligation to place only safe products on the market. Also important is the Law of Georgia on Consumer Rights Protection, which regulates the rules for replacing, repairing, and returning defective items. Specific technical regulations approved by the government apply to certain products (construction materials, elevators, pressure equipment). Compensation for damage caused by a defective product is regulated by the Civil Code of Georgia.

Step-by-Step Service Process

  1. Documentation Review: The lawyer checks the product passport, certificates, and laboratory reports.
  2. Risk Analysis: Determining which regulations apply to the specific product.
  3. Recommendations: Issuing instructions on correcting labeling or conducting additional testing.
  4. Dispute Involvement: If necessary, the lawyer prepares a defense for court or a complaint to the administrative body.

Why choose a specialist on Legal.ge?

A product safety violation can cost a company millions of GEL and destroy its reputation. Sanctions from supervisory bodies are becoming stricter every day. Legal.ge gives you access to experts with deep knowledge of technical regulations and practical experience dealing with regulators. Protect your business and consumers with the help of professionals.

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