Abstract
The recent inability of the National Consumer Disputes Redressal Commission and the Food Safety and Standards Authority of India to order the recall of hazardous batches of Nestle’s Maggi Noodles brings to the fore the issue of consumer protection in cases of large-scale product deficiencies. In India, the vulnerability of consumers is exacerbated by the unwillingness of companies that do not see sufficient costs arising out of product liability suits to order voluntary recalls. The researcher begins by providing an introduction to the theory of product recall and outlining the sparse history of voluntary recalls in India. In the second section, the extant provisions of the Consumer Protection Act, 1986 are discussed, and the need for provisions enabling product recall has sought to be justified by highlighting the harm to consumer sovereignty in its absence. The author then moves on to suggest a model amendment to the Consumer Protection Act, so that the State Commissions may be empowered to order product recalls. Throughout the paper, the researcher argues for the introduction of a provision for mandatory product recall in the Consumer Protection Act, 1986. It is contended that the absence of such a provision is odious to certain basic tenets of consumer protection, and further, that this lacuna cannot simply be corrected by encouraging more voluntary product recalls. The answer, in the author’s mind, lies in empowering consumer courts in India to order product recalls in exceptional cases.
Recommended Citation
Choudhary, Abhishek 2nd Year, B.A. LL.B. (Hons.) Student
(2015)
"A Proposal for Introducing Mandatory Product Recall in the Consumer Protection Act-,"
International Journal on Consumer Law and Practice: Vol. 3, Article 7.
Available at:
https://repository.nls.ac.in/ijclp/vol3/iss1/7
