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Recall: expert answers to ten questions

07/18/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 


 



Attorney specializing in Consumer Law, Vinicius Zwarg explains how companies involved in a campaign calling should act

Who does not know about risks to health and safety is subject to criminal prosecution

Increasingly measure ceases to be seen as something negative, but as an element that gives confidence to the consumer market

RIO - The Galzerano announced Wednesday the recall of more than 117,000 baby car seats due to the possibility of opening the locking seat belt, provided by Italian Sabelt. The call was made six days after three other brands of the same product - Chicco, Burigotto and Peg-Pérego - also convene recall 13,000 automotive seats because of the same problem. The lawyer Vinicius Zwarg, consumer law expert, answered ten questions about the site GLOBE recall: it is done its importance for the consumer market.

For a recall is done, must necessarily have been any accidents consumption?

No. The recall should be done whenever it identifies that a product may endanger the health and safety of consumers. And it can be realized without an accident has happened, to identify a flaw that may lead to risks to health and safety. There may be a call exchange for some problem or defect which does not create risks to health and safety. But that does not fit into what we call recall.

Who should be notified about a recall?

Authorities, and especially the consumer. This is mainly interested in this information. One can, for example, buy a product in São Paulo and travel to Acre. So it is important that the information reaches the greatest number of people. The legislation provides that the recall is reported to the state and reported in the media, in print, on radio and TV. The cost of this disclosure is the responsibility of the product manufacturer.

As a recall should be done?

Recall all need a plan of action. The goal of this plan is to orchestrate how they will be communicated to government agencies, advertising action, how will the exchange, repair or replacement of the item called, in short, everything that is involved in the process.
If a product purchased abroad is subject to recall there and in Brazil, the consumer may require replacement, exchange or repair if the company operates in the country?

Yes it is possible. In the recent case of silicone implants French defective, the recall was initially made in France. Only then was held in Brazil. In this case, there was suspending the sale of the prosthesis in the country.

And if recall something imported or brought directly by the consumer from the outside does not get to be advertised in Brazil. In this case the consumer can ask for an exchange, replacement or repair manufacturer in the country?

He should report the problem to consumer protection agencies and contact the manufacturer. If the product pose a risk to health or safety, must be repaired or replaced. But we must not forget that the operating standards and quality of products and services are not the same in all countries. Not a requirement for safety is also a characteristic cultural and governed by local law. The airbags, for example, for years are standard items in automobiles manufactured and marketed abroad. In Brazil, only cease to be an accessory and will become a must in the coming year.

What sanctions can be applied to the manufacturer who knows of a problem and does not do a recall?

There are three areas of responsibility: civil, administrative and criminal. The company can be punished administratively through the collection of fines or, for example, the suspension of its activities. Civilly liable for damage to consumers whose health and safety were put at risk. And who does not do the recall of a product that endangers the consumer can answer criminally for this practice.

It is now possible to meet 100% of the consumers a product that has been subjected to a recall?

Yes I've followed all the cases in which customers were contacted. The company called for each of them and got access to everyone. But in some cases it is almost impossible. Recalls of foods or drugs are more difficult, because the purchase is made by a large group and often until the problem is identified, the product has already been consumed.
To recall in Brazil is still a challenge?

There are processes to products of all kinds. And it is relatively recent in the country, has around 20 years. In the United States, there is an infinitely greater number of recalls than here. But there is such a practice already established, understood by both companies and consumers.

And here? The recall is still viewed negatively?

The recall was seen as something negative, but that is changing. Increasingly, it sees this practice as something that is not bad. But as an action that strengthens the reliability in the consumer market. Is still an atypical situation for most companies, they are not getting used. The automobile industry is perhaps the most familiar with the practices, procedures for a recall.

Recently, the Department of Consumer Protection and Defense (DPDC), the Ministry of Justice launched a series of guidelines for companies on how to communicate a recall, including for example social networks. How do you evaluate this action?

Anything that helps is healthy. But the rule can not go beyond what the Code of Consumer Protection provides. As a guideline, it is important and valid.
After all, information is given and a necessity in this process and helps to improve the consumer market.

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Source: The Globe - Online

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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