Product Recalls - Understanding Your Obligations & Liability Risks

Introduction

With a growing number of product recalls and corrective action measures being implemented in the UK, it has become increasingly important for producers (as well as other product stakeholders) to understand their duties to consumers on post-sale safety and the risks associated with not carrying out these duties adequately.

The UK regulator has been taking an active role in enforcement action for non-compliance and this webinar will examine the range of enforcement measures available to the regulator; the circumstances and level of risk that would trigger each type of enforcement measure; and how product stakeholders can engage in effective dialogue with the regulator to ensure the best possible outcome.

The webinar will also touch on consumer claims that might be brought once news of the recall and/or corrective action becomes more widely known by consumers. As evidenced by ‘Diesel-gate’, there is also a risk of these consumer claims being brought by way of group action proceedings if there are enough affected customers.

Finally, you will explore potential changes at a European level that may impact recall liability issues if adopted in the UK.

What You Will Learn

This webinar will cover the following:

• The various post-sale obligations and duties that producers (and other operators) owe to consumers to prevent risk posed by their products
• The potential consequences of failing to meet these obligations, e.g., financial penalties, criminal sanctions, and civil causes of action
• The regulator approach to taking enforcement action and how the producer can pre-emptively engage with the regulator
• The risk of follow-on consumer claims being brought by affected consumers including by way of group action proceedings
• How the effective management of corrective action campaigns at the outset could influence the scope and success of these proceedings

This webinar was recorded on 31st October 2023