Liability for compensation when the product is harmful to health | iGuide

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What is the responsibility of individuals and business organizations for defective products and goods?

This article answers the question of liability for damages when a product affects the health of consumers. According to the law, manufacturers, distributors or sellers may be liable for compensation if their products cause damage. Understanding this responsibility helps consumers protect their rights and businesses comply with the law, thereby ensuring consumer safety.

Pursuant to Article 32 of the Law on Consumer Protection 2023, it is stipulated as follows:

Liability for defective products and goods

1. When discovering defective products or goods, business organizations and individuals have the following responsibilities:

a) Recall and handle defective products and goods according to the provisions of Article 33 of this Law and other relevant legal provisions;

b) Take necessary measures to protect consumer rights during the process of recalling and handling defective products and goods;

c) Report to the state management agency on consumer rights protection and relevant state management agencies before and after carrying out the recall; carry out the recall in accordance with the reported and notified content and bear the costs incurred during the recall process.

2. The provincial-level state management agency for consumer rights protection and the provincial-level specialized agency where the recall of defective products and goods is carried out are responsible for inspecting and monitoring the implementation to ensure that the recall is in accordance with the reported and notified contents, ensuring the legitimate rights and interests of consumers and in accordance with the provisions of law.

In case the recall of defective products and goods is conducted in two or more provinces or centrally-run cities, the central state management agency for consumer rights protection and relevant central state management agencies shall be responsible for inspection and monitoring.

3. The Government shall detail this Article.

Accordingly, individuals and business enterprises have the following responsibilities:

- Recall and handle defective products and goods according to the provisions of Article 33 of the Law on Consumer Rights Protection 2023 and other relevant legal provisions;

- Take necessary measures to protect consumer rights during the process of recalling and handling defective products and goods;

- Report to the state management agency on consumer rights protection and relevant state management agencies before and after carrying out the recall;

- Carry out the recall in accordance with the reported and notified content and bear the costs incurred during the recall process.

In what cases is liability for compensation for damage caused by defective products or goods exempted?

Pursuant to Article 35 of the Law on Consumer Protection 2023, cases of exemption from liability for compensation for damages caused by defective products and goods include:

- When it is proven that the defect of the product or goods could not be detected with the world's level of science and technology at the time the product or goods caused damage;

- Business organizations and individuals have fully applied the measures prescribed in Articles 32 and 33 of the Law on Consumer Protection 2023, consumers have fully received information but still intentionally use defective products and goods, causing damage;

- Other cases as prescribed by law.