Products safety

The problem of safety of products sold in the EU is strictly linked to norms regulating the producer’s liability, at national and Community level, for damages provoked by the product.

This matter is regulated by several laws, integrating each other to allow a “preventive protection” of the consumer, so to prevent possible damages caused by the circulation of unsafe products.

Among the most important laws applicable, it is to be mentioned the Directive EC 2001/95 on general products’ safety and the national Decree n. 172 of May 21, 2004, whose aim is to protect consumers, by making it mandatory for producers to put on the market exclusively safe products, by making the control system more effective and expecting heavy fines. 

 

Some necessary definitions

Due to the complexity of the matter, some definitions are considered necessary:

Safe product means any product which, under normal or reasonably foreseeable conditions of use, including duration, does not present any risk or only the minimum risks compatible with the product's use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons.

Dangerous product means any product which does not meet the definition of "safe product".

Serious risk means any serious risk, including those the effects of which are not immediate, requiring rapid intervention by the public authorities.

Producer means the manufacturer of the product, when he is established in the Community, and any other person presenting himself as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or the person who reconditions the product. Are considered producers also the manufacturer's representative, when the manufacturer is not established in the Community or, if there is no representative established in the Community, the importer of the product, and other professionals in the supply chain, as far as their activities may affect the safety properties of a product.

Distributor means any professional in the supply chain whose activity does not affect the safety properties of a product;

Recall shall mean any measure aimed at achieving the return of a dangerous product that has already been supplied or made available to consumers by the producer or distributor;

Withdrawal means any measure aimed at preventing the distribution, display and offer of a product dangerous to the consumer.

Notion of safety

According to the Directive 2001/95/EC, “safe product” means any product which, under normal or reasonably foreseeable conditions of use including duration and, where applicable, putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons, taking into account the following points in particular:

 

·         the characteristics of the product, including its composition, packaging, installation and maintenance;

·         the effect on other products, in case of joined use;

·         the presentation of the product, the labeling and any warnings and instructions for its use;

·         the categories of consumers at risk when using the product, in particular children and the elderly.

Competent authorities must take all necessary measures to avoid unsafe products entering the market or to recall a product which, in spite of its conformity, seemed to be dangerous for consumers’ health and safety.

The relevance of the instructuions

Advertising is aimed to increase consumers’ trust in products, making them feel safer.

Apart from advertising, also warnings provide consumers with technical information on products, in order to reduce the percentage of risks while using a potentially dangerous product.

Talking about product safety, an high level of information is very important, although they cannot supply a technical lack.

In order to help consumers to use a product, the warnings must be:

 

·         complete: they must specify the potential risks deriving from the incorrect execution of the instructions provided;

·         clear: any potential risks must be easily and immediately identified by the consumer; 

·         the consumer must known from the beginnings the seriousness of the risks he might run.

Controls

Within each Member State, competent public authorities must check the safety of all the products entering the marked, by carrying out deep analysis on products samples.

Therefore, during the control activity, national bodies establish some safety measures according to the seriousness of the risk, even if the product is already on the market.

In case of very dangerous products, public authorities might establish precautionary measures, such as provide consumers with special warnings, force producers to follow safety rules or ban the product merchandising for a determined period of time.

According to the level of risk for each product, Member States’ Authorities are entitled to take the following measures:

·         for any product:

-          to organize, even after its being placed on the market as being safe, appropriate checks on its safety properties, on an adequate scale, up to the final stage of use or consumption, by inspecting both production and package’s factories and shops;

-          to require all necessary information from the parties concerned;

-          to take samples of products and subject them to safety checks, drawing up a copy of the outcomes, which have to be distributed to whom it may concern.

·         for any product that could pose risks in certain conditions:

-          to require that it be marked with suitable, clearly worded and easily comprehensible warnings, written in Italian, on the risks it may present;

-          to make its marketing subject to prior conditions so as to make it safe.

·         for any product that could pose risks for certain persons:

-           to order that they be given warning of the risk in good time and in an appropriate form, including the publication of special warnings.

·         for any product that could be dangerous:

-          for the period needed for the various safety evaluations, checks and controls, temporarily to ban its supply, the offer to supply it or its display;

-          if no risk is immediately  foreseen to both health and public safety, to demand, within an authoritative deadline, the conformity to national safety rules of product already on the market.

·         for any dangerous product:

-          to ban its marketing and introduce the accompanying measures required to ensure the ban is complied with.

·         for any dangerous product already on the market, if both producers and distributors’ actions were not enough:

-          to order or organize its actual and immediate withdrawal, and alert consumers to the risks it presents; related expenses are in charge of producers or, when totally or partially impossible, in charge of distributors;

-          to order or coordinate or, if appropriate, to organize together with producers and distributors its recall from consumers and its destruction in suitable conditions; related expenses are in charge of both producers and distributors.