In brief
By means of Resolution 464/2022 published on the Official Gazette on 27 May 2022 (“Resolution“), the domestic trade secretariat (“Secretariat“) approved the form that suppliers must submit to alert consumers and competent authorities and recall products from the market. It also establishes certain obligations that suppliers that have initiated this type of process must comply with.
The Resolution follows the Secretariat’s regulatory trend in the sense that it regulates not only what information suppliers must provide but also how they must provide it. The goal is that the information is easily accessible to consumers.
In this sense, to comply with the information duty and to recall products with potential risk — or those that may be harmful or dangerous — detected after these products were introduced into the consumer market, suppliers must submit the “Product Alerts and Recalls” form approved under the Resolution’s Annex.
Likewise, suppliers that have initiated a “Product Alert and Recalls” process before the competent authority shall include in their websites or applications the following hyperlinks, making them prominent in terms of visibility and size:
- A hyperlink titled “Consumer Defense. Product Alert. Access here”. This link should be in Spanish and must lead to the product alerts publications made by the National Directorate of Consumer Defense and Consumer Arbitration.
- A hyperlink titled “Product Alerts and Recalls” which should also be in Spanish and include the following information: product category, brand, model, version, number or code, date of manufacture, date of commercialization, defect, risks or possible consequences and recommendations or warnings.
Finally, breaching the Resolution will give rise to the sanctions set forth by the Consumer Protection Law No. 24,240.
Click here to access the Spanish version.
