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Product Recall

Published: November 2019


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  • 1.

    Basic laws
    What are the basic laws governing the safety requirements that products must meet?

  • 2.

    Traceability requirements
    What requirements exist for the traceability of products to facilitate recalls?

  • 3.

    Non-compliance penalties
    What penalties may be imposed for non-compliance with these laws?

  • 4.

    Government notification
    What requirements are there to notify government authorities (or other bodies) of defects discovered in products, or known incidents of personal injury or property damage?

  • 5.

    Notification criteria and time limits
    What criteria apply for determining when a matter requires notification and what are the time limits for notification?

  • 6.

    Competent authority
    To which authority should notification be sent? Does this vary according to the product in question?

  • 7.

    Notification information
    What product information and other data should be provided in the notification to the competent authority?

  • 8.

    Obligations to provide updates
    What obligations are there to provide authorities with updated information about risks, or respond to their enquiries?

  • 9.

    What are the penalties for failure to comply with reporting obligations?

  • 10.

    Public disclosure
    Is commercially sensitive information that has been notified to the authorities protected from public disclosure?

  • 11.

    Use of information in prosecution
    May information notified to the authorities be used in a criminal prosecution?

  • 12.

    Recall criteria
    What criteria apply for determining when a matter requires a product recall or other corrective actions?

  • 13.

    Consumer warnings
    What are the legal requirements to publish warnings or other information to product users or to suppliers regarding product defects and associated hazards, or to recall defective products from the market?

  • 14.

    Recall notices
    Are there requirements or guidelines for the content of recall notices?

  • 15.

    What media must be used to publish or otherwise communicate warnings or recalls to users or suppliers?

  • 16.

    Time frame
    Do laws, regulation or guidelines specify targets or a period after which a recall is deemed to be satisfactory?

  • 17.

    Repair and replacement
    Must a producer or other supplier repair or replace recalled products, or offer other compensation?

  • 18.

    What are the penalties for failure to undertake a recall or other corrective actions?

  • 19.

    Corrective actions
    What powers do the authorities have to compel manufacturers or others in the supply chain to undertake a recall or to take other corrective actions?

  • 20.

    Government warnings
    Can the government authorities publish warnings or other information to users or suppliers?

  • 21.

    Government recalls
    Can the government authorities organise a product recall where a producer or other responsible party has not already done so?

  • 22.

    Are any costs incurred by the government authorities in relation to product safety issues or product recalls recoverable from the producer or other responsible party?

  • 23.

    Challenging decisions
    How may decisions of the authorities be challenged?

  • 24.

    Repercussions for court proceedings
    Is the publication of a safety warning or a product recall likely to be viewed by the civil courts as an admission of liability for defective products?

  • 25.

    Can communications, internal reports, investigations into defects or planned corrective actions be disclosed through court discovery processes to claimants in product liability actions?

  • Updates and trends

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Anderson Mori & Tomotsune has a wide-ranging litigation, arbitration and dispute resolution practice that encompasses the many facets of business in Japan. We have extensive experience in areas that closely reflect the international nature of our client base and the international experience and diversity of our people.

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Otemachi Park Building, 1-1
Otemachi 1-chome
T: +81 3 6775 1221
F: +81 3 6775 2221


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