PLACMENT OF DEFECTIVE PRODUCTS AND THEIRWITHADRAWARL FROM CIRCULATION

Beogradska akademija poslovnih i umetničkih strukovnih studija, Srbija
Serbia

Beogradska akademija poslovnih i umetničkih strukovnih studija
Serbia

Beogradska akademija poslovnih i umetničkih strukovnih studija, Srbija
Serbia


Abstract

The work represents a model for preventive consumer protection, primarily for health reasons and aspects of safety. Mass industrial production is heavily burdened by this problem, and situations of withdrawal from the market are frequent. The current legislation takes into account the difference between those defects that are visible and those that are not. An imperfection of a product that results in some damage to their customer in considered as an imperfect product or unfinished. These defects can be numerous, and usually come in there forms, namely: (1) products with manufacturing or construction defects; (2) there are no instructions for use or those with inadequate warnings for harm during use; and discovered defects after placing the products on the market, the harmful consequences of which could not be foreseen at the time of production or after placing it on the market; In real circumstances, the vast majority are products of the pharmaceutical industry, which can lead to health consequences (through their use). However, at the time of production for these products (according to scientific and technical knowledge), their harmfulness was not known. These are, for example, the following consumer products: cosmetic products, children’s toys, health supplements and the like. That’s why a system was established in the EU that leads to the exchange of information on the dangers arising from the use of these consumer products (RAPEX). Similar legal solutions are expected, as well as its application, in our conditions, with the aim of absolute consumer protection.

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References


Acinin, Isidora, (2020), Determinante proizvoda sa nedostatkom, Poslovna ekonomija, Univerzitet Edukon, Sremska Kamenica, br.2, str. 267.

Astvansh, V. (2018). Toward a better understanding and management of product recall (Doctoral dissertation, The University of Western Ontario (Canada).

Klaschka, U. (2017). Trust, but verify! Personal care products in the rapid alert system database, RAPEX. Sustainable Chemistry and Pharmacy, 5, 30-41.

Petrović, Biljana, (2004), Odgovornost za štetetu od stvari sa nedostatkom”, Doktorska disertacija, Pravni fakultet, Novi Sad, 2004.

Pigłowski, M. (2018). Notifications of dangerous products from European Union countries in the RAPEX as an e-service. European Journal of Service Management, 26, 175-183.

Salerno-Kochan, R., & Kowalski, M. (2020). Safety management of textile products in the European Union and estimation of its efficiency. Part 1. Fibres & Textiles in Eastern Europe.

Mitić, Tadija, (2021), Kako zadobiti poverenje kupaca ? www.pravilaw.rs/2021/05/19/kupovina preko internetapreko (18.03.2023).

Ruohonen, J. (2022). A review of product safety regulations in the European Union. International, Cybersecurity Law Review, 1-22.

Salerno-Kochan, R., & Kowalski, M. (2020). Safety management of textile products in the European Union and estimation of its efficiency. Part 1. Fibres & Textiles in Eastern Europe.

Schumacher, R., Glew, R., Tsolakis, N., & Kumar, M. (2021), Strategies to manage product recalls in the COVID-19 pandemic: an exploratory case study of PPE supply chains. Continuity & Resilience Review, 3(1), 64-78.