Recalls – Specific New Regulation
The Secretary of Commerce issued Resolution No. 808-E / 2017 (the Resolution) by means of which it regulates the procedure for recalls (removal of dangerous products from the market) in Argentina. Although this procedure already existed in Argentina (following consumer protection related regulations), the procedure to execute the same was not specifically regulated.
The Resolution includes, among others, the following specific obligations: (i) communication of the recall to governmental authorities; (ii) content of the communication; (iii) plan for dissemination of the recall and notification to the consumer; and (iv) customer service plan.
Last, but not least, the Resolution internalized the procedure of recalls agreed by the Mercosur. In addition, the Consumer Protection Authority is instructed to inform all recalls processes initiated in Argentina to the competent authorities of the other Mercosur State Parties through the Inter-American Rapid Alert System (Sistema Interamericano de Alertas Rápidas or SIAR).