At Platana, publisher of SaaS solutions dedicated to after-sales management, we know just how complex and stressful product recalls can be for manufacturers and distributors. Regulatory requirements are constantly evolving, and it's becoming increasingly crucial for professionals to master these aspects perfectly to avoid penalties and protect their brand image.
That's why we've written this article: We want to clarify the regulatory framework for product recall, and offer our customers and partners an in-depth understanding of the legal obligations and best practices involved.
The regulatory framework for product recalls
This guide details the responsibilities and obligations of the various players involved, the risk detection and notification processes, and the actions to be taken to effectively manage a product recall.
1. The legal framework
The legal framework is based on three key elements:
- General Product Safety Directive (GPSD): At the heart of the regulatory framework is the General Product Safety Directive (GPSD), known as the 2001/95/EC top-hat directive. This directive stipulates that all products marketed in Europe must be safe for consumers when used in the normal and expected way. The DGSP imposes a general safety obligation for non-food products, and establishes the notion of "risk" as a crucial element in the product recall decision-making process.
- The Notion of Risk: The notion of risk is introduced by Directive 2019/417. This directive establishes a framework for assessing product risks, taking into account factors such as:
▪ The probability of the risk occurring (exposure probability)
▪ The seriousness of the potential harm to the consumer (severity level).
▪ The intended and reasonably foreseeable use of the product
By carrying out this risk analysis, manufacturers and distributors can make informed decisions on the appropriate course of action, be it a large-scale recall, a targeted intervention or no actio at all.
It's important to note that risk assessment is not based on past incidents or accidents, but rather on the potential for harm. Even if no accidents have occurred, a product may still be deemed unsafe and require recall if the risk assessment identifies a significant level of risk.
- The Consumer Code: In France, the Consumer Code reinforces the obligations of manufacturers and distributors. It stipulates that the manufacturer, as the person who places the product on the market, is responsible for product safety. In the event of failure, the distributor must take the place of the manufacturer to guarantee consumer safety. The Consumer Code also stipulates that all recall actions must be free of charge for customers, and that communication must be clear and transparent.
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2. Key players and their roles
Regulatory authorities play a crucial role in the product recall process. The main players in France are :
- DGCCRF (Direction générale de la concurrence, de la consommation et de la répression des fraudes): Monitors the market and enforces consumer protection laws.
- DDPP(Direction Départementale de la Protection des Populations): The main contact for manufacturers and distributors regarding product recalls. It works closely with companies to ensure that recalls are handled correctly.
- DGAL (Direction générale de l'alimentation): Supervises product recalls in the food sector.
Furthermore, the product recall process requires a clear delineation of responsibilities between manufacturers and distributors. According to the French Consumer Code, primary responsibility lies with the entity that places the product on the market, typically the manufacturer. Manufacturers must guarantee product conformity and safety, carry out the necessary risk assessments, initiate recalls if necessary, and bear the associated costs. Distributors, on the other hand, have a duty of due diligence, which means they must take action if they become aware of a safety issue that has not been resolved by the manufacturer.
3. The recall process: from notification to communication
When a product safety issue is identified, the recall process is triggered. This process involves several key steps:
- Notifications and Reporting: Manufacturers and distributors must inform the relevant authorities, such as the DDPP, of the product safety issue as soon as possible. They must also report the recall on platforms such as RAPEX (Système d'Alerte Rapide des Produits Non Alimentaires Dangereux) and Signal Conso (the French consumer alert system).
- Communication and Transparency: Companies must provide clear, concise information about the product, the nature of the safety issue and the steps consumers need to take. Transparency is essential to maintain consumer confidence.
- Recall Execution and Customer Support: Companies must ensure that the recall process is executed effectively, providing clear instructions and practical options for consumers. The recall procedure must be free of charge for consumers.
How can you optimize your Product Reminder campaigns?
Because we understand the challenges faced by manufacturers and distributors in managing product recalls, we have designed a module dedicated to handling them. Our "Product Recall" module, interoperable with our repair and after-sales support modules, simplifies the entire process for manufacturers and distributors. Our solution enables multi-channel customer notification (email, sms, push, mail, telephone, QR code), verifies customer possession of the product, and tracks every step towards its return to conformity.(More information here)
The benefits of the Platana solution
The main benefits we wish to bring to distributors and suppliers through our"Product Recall" platform are as follows:
- Rapid consumer safety: Centralize your recall operations to ensure customer safety and compliance. Quickly inform your customers of the recall, ensure they can be reached through a variety of communication channels, and track returns in real time for proactive and effective recall management, facilitating reporting to the authorities.
- Protect your brand image: Turn the glitch into a nugget, by offering your customers a fluid, responsive experience to reinforce their trust and protect your brand's reputation, with the most digitalized solution possible.
Reduce the costs of call-back campaigns: by adopting digital solutions that will enable you to cut your contact costs and reduce your call-center expenses thanks to dematerialized processes.
- Lighten the load on your points of sale: Automate and dematerialize the recall process to reduce your stores' operational workload. From shipping spare parts to selecting replacement products, free your teams from time-consuming tasks and let them concentrate on higher value-added activities.
Conclusion
Understanding and complying with the regulatory framework for product recalls is crucial for manufacturers and distributors. By integrating guidelines and best practices, companies ensure consumer safety and preserve their reputation.
With Platana's SaaS solution, you can simplify the management of reminders for a smooth, secure process that complies with current standards, strengthening customer confidence and your brand's reputation.
To find out more about our product recall management solution, visit our dedicated page.
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We will be happy to provide you with further information on our expertise and solutions for digitizing your after-sales service.
- The Platana team
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