Insights

How To Conduct A Product Recall

How to Conduct a Product Recall in Australia: A Guide

Product recalls are becoming increasingly common. The Australian Competition and Consumer Commission ("ACCC") and industry-specific regulators are very active in both overseeing product recalls and prosecuting non-compliance with legislative requirements. The ACCC is inclined to target large corporations. A failure to adhere to legislative requirements may be an offence and/or be met with a civil penalty enforced by the ACCC. Since 1 September 2018, penalties for non-compliance have substantially increased. Individuals may be subject to disqualification orders for participation in certain breaches.

Suppliers must comply not only with legislative obligations but the informal requirements of the ACCC in conducting a recall. These include collaborating with the ACCC to develop a recall strategy, providing regular progress reports to the ACCC during a recall and complying with the ACCC's recall closure procedures. Product recalls can span for years and be highly onerous and expensive.

The product recall regime is complemented by a legislative product-safety framework that concerns product bans, safety warnings and compulsory reporting of serious safety-related incidents caused by consumer products.

Read the full White Paper.

Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.

 
We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you consent to our use of cookies.