Risk assessment - non-food product

The actions that will need to be taken will depend on the potential risks posed. As a first step, the IM team should carry out a detailed assessment of the potential risks posed by the issue.  In particular, the IM team should focus on whether the concerns are limited to general issues of product quality or whether they raise potential consumer safety issues, in accordance with applicable legislation.

In the event that the issue may present a risk to consumer safety, the IM team must also consider whether there are any additional obligations under specific regulatory regimes that deal with unsafe products.  If so, there may be legal obligations to notify regulators and/or take corrective action.

Any issue, concerning quality, fitness for purpose etc., could also give rise to reputational consequences in addition to the risk of liability for negligence or breach of  contract.  This is in addition to regulatory sanctions (where applicable).

The risks posed by a product will always need to be assessed by reference to the relevant legislation in the market(s) where the product has been sold.  This will typically set out the definitions of what constitutes a safe or unsafe product and may also impose obligations in relation to regulatory notification and the type of corrective action required to deal with the issue.  For example, the EU’s General Product Safety Directive (2001/95/EC) has been implemented by all 27 member states.  It defines safety, in the context of consumer products, and requires producers and distributors to take corrective action and to notify national authorities where they know or have reason to believe that a consumer product is unsafe.