The Procedure for a Product Recall in Den Haag
A product recall procedure is the structured process by which producers, importers, and sellers remove unsafe products from the market and inform residents of Den Haag. This safeguards the health and safety of our local community and is mandatory under Dutch law, in collaboration with the NVWA. In Den Haag, for any questions, contact the Juridisch Loket Den Haag.
What Does a Product Recall Entail?
In a product recall, or 'recall', a product is withdrawn if it poses risks to health or safety. Examples include faulty electronics, contaminated food, or unsafe toys. The procedure involves retrieving products, alerting consumers in Den Haag, providing repairs or replacements, and notifying authorities. This article outlines the steps, your rights and obligations, with tips tailored for residents of Den Haag.
Legal Basis for the Procedure in Den Haag
The product recall procedure is enshrined in the Commodities Act (Article 19), based on the European Product Safety Directive 2001/95/EC. In the Netherlands, it is implemented through the Commodities Act and the new Product Safety Act (Pvw) since 2023, which introduces stricter controls. The NVWA oversees compliance and can impose fines of up to €820,000 for violations. For damage claims in Den Haag, refer to Civil Code Book 7 (sales) and Book 6 (liability), potentially via the District Court of Den Haag. Food-related cases fall under the Food and Commodities Act.
Step-by-Step Guide to the Product Recall Procedure
The product recall procedure follows fixed phases. Here is an overview for residents of Den Haag:
- Discovery and analysis: The producer or importer identifies the issue through reports, tests, or complaints and assesses the risks.
- Immediate notification: Within 24 hours to the NVWA and the EU via the RAPEX system.
- Communication: Warnings via websites, social media, stores in Den Haag, and the press. Returns at local branches.
- Action and solution: Free replacement product, repair, or refund. Defective items are disposed of.
- Monitoring and follow-up: The NVWA evaluates; report due within 2 months.
Overview of Recall Levels
| Level | Scope | Example |
|---|---|---|
| 1 - Retail | Stores only | Remove from shelves |
| 2 - Wholesale | Stores + wholesalers | Recall deliveries |
| 3 - Consumer | Direct to consumers | Campaigns with return envelopes |
Your Rights as a Resident of Den Haag
In a product recall procedure, as a resident of Den Haag, you benefit from robust protection:
- Free remedy: Replacement, repair, or refund at no extra cost.
- Damage compensation: For personal injury or property damage from the seller/producer (Civil Code 6:185 et seq.), claimable at the District Court of Den Haag.
- Clear information: Precise instructions for returns at local stores or by mail.
- No time limit: You can still act even years later if the product is in use.
Read more in our article on Product Recalls. Contact Juridisch Loket Den Haag for free advice.
Obligations of Producers and Sellers
Companies must act swiftly and traceably:
- Batch numbers for traceability.
- Notify within 2 working days.
- Monitor and report to the NVWA.
Real-World Examples
Example 1: Strollers (2022)
Bugaboo recalled strollers due to brake issues. NVWA notification, emails to buyers, returns at Den Haag dealers with new units via serial number.
Example 2: Milk Powder (2023)
FrieslandCampina withdrew salmonella-contaminated products. Supermarkets in Den Haag posted warnings; refunds on receipt. See nvwa.nl.
Example 3: Washing Machines (Samsung)
Fire risk prompted a major recall with labels and exchanges. Damage claims were settled.
Frequently Asked Questions
Do I have to cooperate with a recall?
Not mandatory, but essential for safety. Refusing is at your own risk.
What if the seller is bankrupt?
Approach the producer or use warranty funds/dispute committees. The Municipality of Den Haag can provide referrals.
How do I claim damages?
Send a registered letter with proof. For disputes, seek advice from Juridisch Loket Den Haag.
Information for online purchases?
Yes, via email or address lists. Also check the NVWA website and local channels.