Product Recall Procedure in Tilburg

The Procedure for a Product Recall in Tilburg

A product recall procedure is a structured process whereby producers, importers, and sellers in Tilburg and surrounding areas withdraw unsafe products from circulation and notify residents. This safeguards the health and safety of Tilburg residents, as required under Dutch law and supervised by the NVWA. Local businesses in the municipality of Tilburg must comply strictly.

What Does a Product Recall Mean for Tilburg Residents?

In Tilburg, a product recall—or 'recall'—is initiated when products pose risks to consumers, such as faulty electronics, contaminated food, or unsafe toys. The product recall procedure involves calling for returns, notifying buyers, offering repairs or replacements, and reporting to authorities. This article outlines the steps, highlights rights and obligations, and provides tips tailored for Tilburg residents.

Legal Basis for Product Recalls

The procedure is governed by the Commodities Act (Article 19), based on the EU General Product Safety Directive 2001/95/EC and the Dutch Product Safety Act (Pvw) since 2023. The NVWA enforces compliance and can impose fines up to €820,000. Tilburg consumers can claim damages under the Civil Code Book 7 (sales) and Book 6 (liability). Food products fall under the Food and Commodities Act. For disputes in Tilburg: contact the Legal Aid Office Tilburg or the District Court of Zeeland-West-Brabant in Breda.

Step-by-Step Product Recall Procedure

The product recall procedure in the Tilburg region follows fixed phases:

1. Detection and Analysis: Companies identify hazards through customer complaints, inspections, or tests and assess risks.
2. Notification to NVWA: Report within 24 hours via RAPEX (EU) and the NVWA portal.
3. Communication: Warnings on websites, social media, Tilburg stores, and press. Buyers are urged to return products.
4. Action and Remedy: Free repair, replacement, or refund. Products are destroyed or refurbished.
5. Verification and Follow-Up: NVWA evaluates; report due within 2 months.

Overview of Recall Levels

Your Rights as a Tilburg Consumer

Tilburg residents enjoy strong protections during a product recall procedure:

• Free Remedy: Replacement, repair, or refund at no cost to you.
• Damage Compensation: For injury or loss via seller/producer (Civil Code 6:185 et seq.).
• Clear Information: Instructions for returns at local stores or by mail.
• No Time Limit: Claims possible as long as the product is in use.

Read more in our article on Product Recalls. For advice: Legal Aid Office Tilburg (free initial consultation).

Obligations for Businesses in Tilburg

Local producers and retailers must stay vigilant:

• Track batch numbers for traceability.
• Notify buyers within 2 days.
• Monitor results and report to NVWA.

Real-World Cases

Case 1: Strollers (2022)
Bugaboo recalled models due to brake issues. NVWA notification, emails to customers, returns at Tilburg dealers with new units via serial number.

Case 2: Milk Powder Recall (2023)
FrieslandCampina recalled batches due to bacteria. Labels in supermarkets like Jumbo Tilburg, refunds on receipt. See NVWA Recalls.

Case 3: Washing Machines (Samsung)
Fire risk prompted action with labels and swaps. Damage claims for Tilburg residents were settled.

Frequently Asked Questions