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Consumer Protection: Laws and Regulations Governing Product Recall
It aims to guide business operators on mandatory steps, recommended practices, and compliance requirements when conducting product recalls within Thailand.
This summary is designed to assist all business operators in Thailand, offering guidance on adhering to product safety standards and complying with consumer protection laws.
The Consumer Protection Act, B.E. 2522 [A.D. 1979]
The Consumer Protection Act mandates that goods intended for sale in Thailand must be safe. It outlines specific requirements that business operators must consider:
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- Goods must meet safety standards based on their characteristics, components, design, packaging, assembly instructions, and consumer expectations.
- The presentation, labeling, warnings, and usage instructions must adequately address safety concerns.
- Businesses must assess potential risks when goods are used in conjunction with other products and consider vulnerable consumer groups.
- Compliance with universally accepted safety measures and best practices is required.
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- They must continuously monitor the safety of these goods throughout the warranty period.
- Implement appropriate safety measures to mitigate identified risks.
- Establish effective channels for consumer notifications and maintain comprehensive records of these communications.
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- Voluntary Notification: Operators may notify relevant parties when they suspect their goods may be dangerous.
- Mandatory Notification: Notification becomes mandatory if the goods cause severe harm or danger, necessitating alerts to consumers, relevant authorities, and the Committee overseeing consumer protection.
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- Order testing of goods suspected to be dangerous and set deadlines for reporting test results.
- Impose temporary sales prohibitions pending the verification of product safety.
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- Lift sales prohibitions based on favorable test results.
- Prescribe further corrective actions if deemed necessary to mitigate risks posed by dangerous goods.
- Action after No-Sell Order
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- Business operators must promptly remove the goods from the market.
- Notify consumers about the recall and the potential risks associated with the product.
- Compensate affected parties for any losses incurred due to the recall.