Martyn James: Product recalls and your rights

So how do product recalls work and what can you do if you’ve bought something that’s not safe? I spotted my good friend and top legal expert Gary Rycroft talking about this very subject on BBC Morning Live recently, so I’ve corralled him in to writing a joint guide for you on that very subject!

What happens when a product is recalled?

If a brand announces a product recall it’s often only specific batches that are affected. The recall notice will provide the specific identification codes or product number, or even timeframes when the goods might have been on sale.

Once you’ve established if the item you purchased is part of a recall, check out the guidance on the recall notice about what happens next. These appear on the recall notice, Trading Standards and regulators website and loads of other places. For items like groceries the advice is usually to return the goods to where you purchased them for a refund.

Specific schemes are put in place for larger items, for practical reasons. The manufacturer usually announces a process to repair or replace these items. This can sometimes take quite a bit of time, depending on how many people are affected.

What about dangerous products?

Some recalls relate to faults that pose a very real risk to the purchaser. We’ve seen washing machines that could burst into flames, cars that have faulty braking systems and food and drink that contains glass fragments.

Electrical items with serious faults must not be turned on, plugged in or used under any circumstances. However, you could find yourself stuck with a faulty dishwasher that you can’t use for months or even years.

If you made the purchase within the first six months, your shopping rights come in to play. That means you could demand a refund if the repair or replacement isn’t carried out urgently. If lots of people are affected though, this may prove challenging.

But what if you’ve consumed a potentially dangerous food or drink item that’s been recalled? Contact your doctor or a walk-in/call-in health service as soon as possible if you are worried. Keep copies of doctor’s notes and referrals, in case you decide to pursue a complaint for compensation too.

Can I claim compensation?

Yes… but don’t get too excited. Whilst a refund for a product you must hand back is automatic, compensation for a product recall is not an automatic legal right and arises only if the situation is serious and there is genuine harm or financial cost to you.

If you’re returning a contaminated food item, for example, you might get a small shopping voucher as a goodwill gesture if you complain to reflect the inconvenience, but these are usually for (very) small amounts.

However you can only seek compensation if you have been harmed or suffered financial loss arising from the product being recalled. Again, this must represent realistic costs. So if your car is recalled but you need to drive for work, it’s reasonable to ask the manufacturer if they can provide a courtesy car until your vehicle can be repaired or replaced. This is unlikely to be offered to everyone – or indeed anyone unprompted. Expect to be asked to prove how essential the vehicle is too.

Of course, you may not be looking for financial compensation. For example, if you are looking to have a faulty washing machine repaired and you’ve got a few quotes from local tradespeople, ask the firm if they will pay the cost if their recall is likely to take a long time.

Martyn James is a leading consumer rights campaigner, TV and radio broadcaster and journalist. For more from Martyn, visit his website. Gary Rycroft is the UK’s top TV lawyer and columnist. Visit is website. Read Gary’s top tips on food product recalls on the Morning Live website.