New EU regulation to make product recalls more effective
Under the new GPSR, manufacturers, importers and distributors have clearer obligations regarding product recalls
Imagine purchasing a household appliance, a toy or even a personal care product – only to later discover it could pose a serious safety risk. According to the latest report by the European Commission, in 2023 alone, over 3,400 alerts concerning dangerous non-food products were published on the Safety Gate platform http://ec.europa.eu/safety-gate. These cases involved products with risks ranging from fire and chemical exposure to choking hazards for children.
At the core of managing such threats is the process known as a product recall. A recall is defined as any measure taken to retrieve a product that has already been made available to consumers. A safety recall specifically refers to situations where the product poses a risk to health or safety.
Recalls are a critical tool to remove potentially dangerous items from the market and, more importantly, from people’s homes. They are one of the most direct interventions available to mitigate the harm of unsafe products already in circulation and are often implemented in close coordination with national authorities.
The recent General Product Safety Regulation (EU) 2023/988 (GPSR), which replaces the 2001 directive, aims to make product recalls more effective and more visible to consumers across Europe, including Malta. This new regulation reflects the evolving nature of consumer markets, especially in the context of online shopping and increasingly complex global supply chains.
Under the new regulation, economic operators – such as manufacturers, importers and distributors – have clearer obligations regarding product recalls. According to the new GPSR, economic operators and providers of online marketplaces must ensure that all identifiable affected consumers are notified directly, where possible. This reinforces the responsibility of businesses to act swiftly and transparently in the interest of public safety. Failure to meet these obligations may result in enforcement measures by market surveillance authorities and may expose businesses to liability under consumer protection laws.
There is no time limit for consumers to exercise their right to a remedy in the event of a recall
A recall notice template has been established by the European Commission, with a downloadable version available on the Safety Gate portal. The elements of this template are mandatory and standardise the information that must be communicated to consumers during a recall. This ensures that recall notices across EU member states are consistent, accessible and understandable, regardless of the product involved.
When consumers learn of a recall affecting a product they own, they should stop using it immediately and follow the instructions provided in the recall notice. Consumers may be entitled to a repair, replacement or refund, depending on the case. It is also important that they avoid passing recalled products on to others – whether through resale, donation or informal exchanges – as doing so can perpetuate the safety risk.
Notably, under the new GPSR, there is no time limit for consumers to exercise their right to a remedy in the event of a recall. This contrasts with the Sale of Goods Directive, which generally allows claims for up to two years after purchase. The GPSR’s focus is not just on compensation, but on ensuring that dangerous products are no longer used.
Before making a purchase – especially online – consumers are encouraged to check whether the product has been recalled. Maltese consumers can subscribe to the MCCAA’s newsletter and consult the Safety Gate platform for up-to-date alerts and information.
Where possible, consumers are also encouraged to register their products with the manufacturer or retailer, as this can help ensure they are notified directly in the event of a recall. In particular, product registration is highly recommended for items such as electrical appliances, childcare articles and sports equipment, which may be subject to safety updates or manufacturer warnings.
Beyond immediate safety concerns, effective recall systems also play a vital role in strengthening consumer trust and protecting brand reputation. When businesses act promptly and transparently during a recall, they demonstrate accountability and a commitment to consumer welfare. This not only helps prevent harm but also reassures customers that their safety is a priority. Conversely, failing to act or communicate properly during a recall can result in reputational damage, legal consequences and long-term loss of consumer confidence.
From a regulatory standpoint, the GPSR also encourages greater cooperation between market surveillance authorities and economic operators. By standardising recall procedures and enhancing traceability requirements, the regulation makes it easier for authorities like the MCCAA to identify, track and remove unsafe products. This coordinated approach reflects a commitment to a high level of consumer protection, while also supporting fair competition among businesses that follow the rules. It also reinforces the idea that consumer safety is a shared responsibility – one that involves regulators, businesses and consumers alike.
Product recalls are not about blame – they are about protection. When carried out properly, they prevent injuries, protect public health and maintain trust in the marketplace. Whether you are a business or a consumer, understanding your role in the recall process is essential.
Taking the right action – and taking it quickly – can make all the difference when it comes to safety.
Rudie Vella is director general (technical regulations), MCCAA.