When yet another consumer product is recalled from the marketplace, what can a weary public do to protect itself?
Michael Smith, a partner at Toronto law firm Borden Ladner Gervais, says there are several steps the public can take to seek redress when they know they have purchased a faulty or recalled product.
1. Identify the recalled product. Apart from media notices, which is the primary vehicle of notification, consumers can also do some investigation themselves. The internet is a great resource in this regard, Smith said. For example, check the Health Canada, and Transport Canada websites. The US Consumer Product and Safety Commission website lists recalls and warnings for thousands of consumer products, Smith said.
2. Sometimes, the suppliers of a recalled or faulty product may offer compensation. A consumer should always go straight to the supplier and Smith advocates escalating the complaint to management level for resolution.
3. Lodge a complaint with the relevant regulator. "A lot of companies belong to industry associations that have a code of conduct and a complaints process. Depending on the industry, membership to the association may be very important to the company in question," Smith said.
4. Use alternative dispute resolution where possible. It is cheaper and can offer a totally independent process. Eg the auto industry funds an independent dispute resolution body, called CAMVAP (The Canadian Motor Vehicle Arbitration Plan).
"In the case of tainted of meat and tainted food, the companies will definitely offer compensation," Smith said.
Obtaining Information at the Source
Consumers can also protect themselves by subscribing to the email alert services that government agencies like the Canadian Food Inspection Agency and Health Canada offer. These services are proving very popular, spokespersons from the agencies said. For example, the CFIA had more than 33,000 subscribers to its alerts services in December 2008.
The CFIA said a lot of its subscribers are parents of children with food allergies.
Existing Legislation Lacks Sufficient Teeth
The existing legislation governing consumer product safety is the Hazardous Products Act (1969). Approximately 30 products and product categories -- such as toys and certain chemicals -- are regulated, and about 25 others -- including products like baby walkers -- are prohibited.
But when an unregulated or non-prohibited consumer product poses a health or safety risk, it is up to industry to voluntarily issue a notice and manage the product recall.
"Product recalls are a bit like closing the door after the horse has bolted," observes Christina Bisanz, executive director of the Consumers Council of Canada. "We need to ensure that substandard products do not enter the marketplace." She said the Consumers Council is part of an informal coalition with five other consumer groups in Canada, which have been advocating very strongly for the passage of legislation to better protect consumers. However, the Federal election late last year and Parliament being prorogued have stalled the passage of the legislation, Bisanz noted.
Consumers Need to be More Aware
Consumers must be more aware of what they are buying. Sometimes, it really is a case of "you get what you pay for," Bisanz says.
“If a product appears to be really inexpensive, consumers should ask themselves why,” Bisanz says.
The public should also be wary of buying counterfeit, electrical and battery-operated products. “Check the logo carefully, including its colour and placement. Also check the Canadian Standards Association mark, if there is one,” she said.
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