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My product has been recalled. What now?

22 quoted answers, each with its source

The short answer

Product recalls are common: in 2021 almost 400 were issued, and ACCC data suggests only about half of affected products are returned to sellers. A responsible Minister may issue a recall notice by written notice published on the internet, and a business may need to recall a product and notify the Australian Government Minister within 2 days if the product is a safety risk or does not comply with a mandatory standard or ban; under s128 a supplier must tell the ACCC within 2 days of taking a recall action. A recall does not automatically amount to a major failure under the consumer guarantees; each recalled good is considered individually, the standard repair, replace or refund provisions apply, and which remedy a consumer gets depends on the risk analysis of the recall. CHOICE reports that there is no recall standard and no benchmarks that a recall process must meet, and suppliers usually ask consumers voluntarily to dispose of or return a recalled product for a refund, replacement or modification; Kmart states it will accept a product return under consumer guarantees where the product has been recalled.

Every part of this comes from the quotes below. How we write these.

What the rules actually say9

Quoted straight from the ACCC, the Australian Consumer Law or a state consumer regulator.

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The ACCC states that a supplier is required under s128 of the Australian Consumer Law to tell the ACCC of a recall within 2 days of taking a recall action.

first-party
1 quote from 1 source
You are required under s128 of the Australian Consumer Law to tell us of the recall within 2 days of taking a recall action
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The ACCC states that it receives the recall notification on behalf of the Commonwealth Minister.

first-party
1 quote from 1 source
The ACCC receives the recall notification on behalf of the Commonwealth Minister.
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Section 122(1) of the Australian Consumer Law lets a responsible Minister issue a recall notice…

  • for consumer goods.
  • by written notice published on the internet.
first-party
2 quotes from 1 source
122 Compulsory recall of consumer goods
A responsible Minister may, by written notice published on the internet, issue a recall notice for consumer goods of a particular kind if:
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The ACCC states that a business may need to…

  • recall a product if the product is a risk to safety, does not comply with a mandatory standard, or does not comply with a product ban.
  • notify the Australian Government Minister within 2 days if the product is a risk to safety, does not comply with a mandatory standard, or does not comply with a product ban.
first-party
1 quote from 1 source
If a product is a risk to safety, or it does not comply with a mandatory standard or product ban, the seller may need to recall it and notify the Australian Government Minister within 2 days.
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The ACCC states in its guide for businesses and legal practitioners that…

  • a potential safety issue behind a recall does not automatically amount to a major failure.
  • each of the goods subject to the recall would need to be considered individually.
first-party
2 quotes from 1 source
Sometimes, a manufacturer may recall goods in order to fix a potential safety issue
If so, the potential safety issue with the good does not automatically amount to a major failure on the basis that the car is unsafe. Each of the goods subject to the recall would need to be considered individually.
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The inaugural signatories to the product safety pledge included AliExpress, Amazon Australia, Catch.com.au, eBay Australia and MyDeal.com.au.

medium confidence
1 quote from 1 source
The inaugural signatories included AliExpress, Amazon Australia, Catch.com.au, eBay Australia and MyDeal.com.au.

Measured finding5

Something someone actually measured, with the method attached.

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The ACCC states that the Takata airbag recall is the most significant compulsory recall in Australia's history.

first-party
1 quote from 1 source
The Takata airbag recall is the most significant compulsory recall in Australia’s history, involving more than 3 million vehicles.
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  • Hundreds of consumer products are recalled every year in Australia.
  • On average, only about half of the consumer products recalled each year in Australia are returned to the company.
1 quote from 1 source
Of the hundreds of consumer products recalled every year in Australia, on average only about half will be returned to the company.
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CHOICE reports that there…

  • is no recall standard
  • are no benchmarks that a recall process needs to meet
1 quote from 1 source
In fact, there’s no recall standard at all (although there are guidelines that suppliers or companies should adhere to) and no benchmarks that a recall process needs to meet.

Practical effect3

What is observed to happen in practice, as distinct from what is documented.

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Consumer Affairs Victoria states that a supplier usually asks consumers voluntarily to dispose of or return a recalled product for a refund, replacement or modification.

first-party
1 quote from 1 source
Usually, the supplier voluntarily asks consumers to dispose of or return the product for a refund, replacement or modification.
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CHOICE reports that ACCC data suggests only about half of affected products are returned to sellers.

1 quote from 1 source
But return rates can vary widely and ACCC data suggests that only about half of affected products are returned to sellers.

Changed on2

A dated change. This is where advice quietly stops being true.

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A compulsory recall for all vehicles with defective Takata airbags was issued on 27 February 2018.

first-party
1 quote from 1 source
A compulsory recall for all vehicles with defective Takata airbags was issued on 27 February 2018.
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CHOICE reports that the ACCC launched an Australian product safety pledge in 2020.

medium confidence
1 quote from 1 source
Recognising the growing popularity of online shopping, the ACCC launched an Australian product safety pledge in 2020.

Often said, but we could not find it in the rules3

Lots of people say this. We went looking for an official source that backs it up and could not find one, so treat it as something people repeat rather than something settled.

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  • CHOICE states that the standard repair, replace or refund provisions apply in relation to recalls.
  • CHOICE states that which repair, replace or refund provision a consumer gets depends on the risk analysis of the recall.
1 quote from 1 source
The standard repair, replace or refund provisions apply in relation to recalls. Which one you get depends on the risk analysis of the recall, according to the ACCC.
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Kmart states that it will accept a product return under consumer guarantees where the product has been recalled.

medium confidenceother
2 quotes from 1 source
Kmart will accept product returns under consumer guarantees where:
The product has been recalled