Recalls, Returns and Reverse Distribution
Manufacturers and distributors may find they need to recall shipped products due to potential manufacturing defects, non-compliance with regulatory requirements, or contractual obligations. Customers may return products that are not subject to a recall, and regulatory requirements are increasingly mandating that manufacturers take back end-of-life products such as electronics for disposal or recycling. These “reverse distribution” situations may trigger regulatory requirements. Beveridge & Diamond has helped clients meet these requirements by providing advice and assistance on issues such as the following.
- The recall requirements of the Consumer Product Safety Act for a major retailer in light of lead and phthalate restrictions added in the Consumer Product Safety Improvement Act.
- The potential for the Environmental Protection Agency to regard products recalled due to lead or phthalate content as hazardous waste regulated under the Resource Conservation and Recovery Act.
- Recalls and market withdrawals of products regulated by the Food and Drug Administration under its voluntary recall regulations and with related contractual, tort, product stewardship, and business considerations.
- Pesticide regulatory requirements that may impede some forms of reverse distribution of pesticide products.
- A global recall and cleanup project for products contaminated with bacteria, including assessment of market access, liability, hazard communication, self-disclosure, dangerous goods transport, and waste classification and handling requirements in multiple countries and regions.
- Regulatory issues for an OEM client’s world-wide recalls of certain batteries used in its products, including assessment of whether the batteries qualified as hazardous wastes, and identifying key regulatory requirements if the batteries were deemed to be hazardous wastes.
- Development and implementation of a global strategy for recalling certain products that exceeded limits on lead and phthalates in consumer and/or children’s products.
- The management and transboundary movement of used products, manufacturing wastes, and other materials in the electronics, petrochemical, and remediation sectors, including advice on obligations under national and international legal schemes and the drafting of contracts governing the liabilities of such movement.
- Design of model take-back and reverse distribution arrangements for medical devices, including consideration of interaction with existing systems for pharmaceutical waste take-back schemes.