What can consumers do if they suspect that they are in possession of a dangerous product?

• Apply to the producer for compensation under the Civil Code, if they have suffered damage as a result of using the product

• the proceedings are conducted by a civil court and brought by a person who suffered the damage;
• the consumer does not need to prove that the entrepreneur is at fault, however, they must establish a link between the damage suffered and the fact that the product is unsafe.

• Definition of ‘dangerous product’ in the Civil Code (Book III, Title VI) is broader in scope than that included in the General Product Safety Act. It also covers electricity and animals.

• Submit a dangerous product notification to the Office of Competition and Consumer Protection (UOKiK) or the Trade Inspection, regardless of whether the consumer has applied to the court for compensation

- the notification submitted by the consumer provides a basis on which the President of UOKiK may initiate an administrative procedure;

- the procedure is brought against the producer or distributor of the product suspected of non-compliance with safety requirements;

- the consumer is not a party to the proceedings, but is notified about the outcome of the proceedings once they are concluded;

- in the course of the procedure, the entrepreneur may be required to take action to eliminate the risks involved.

• Both proceedings (by the President of UOKiK and by the civil court) are conducted independently.

When can the President of UOKiK take action under the General Product Safety Act?

• The President of UOKiK initiates an administrative procedure upon notification from the Trade Inspection, whose role is to inspect products for compliance with safety requirements.
• The President of UOKiK may also take action on another basis, e.g. in response to alerts from consumers or supervisory authorities from other EU Member States.
• The President of UOKiK may, on its own initiative, inform the public about products that pose risks to consumers.

Which products are covered by the General Product Safety Act?

• The Act applies to all products that are intended for consumer use, unless more specific provisions on safety requirements provide otherwise.
• Such provisions apply, among others, to toys and other products that are regulated by sectoral directives.

When can a product be considered non-compliant with safety requirements?

• The President of UOKiK may, upon conclusion of the relevant administrative procedure, decide that the product is not safe. On the basis of such a decision, the product may be included in the Register of Dangerous Products.

What can the President of UOKiK do if a product is considered dangerous?

If the product does not meet relevant safety requirements and poses a risk to the health or life of consumers, the President of UOKiK may:

• require the producer to label the product with warnings about the risks involved,
• require the producer to warn consumers or inform the public about the risk involved,
• require that the risks posed by the product be eliminated,
• require the producer to withdraw the product from the market by collecting all specimens of the product from distributors and prohibiting the display and offering of the product to consumers,
• require the producer to recall and destroy the product, if there is no other way to ensure removal of the risk involved.

How to report a dangerous product to UOKiK?

• Notify the President of UOKiK via the website www.uokik.gov.pl.
• Fill in the form available at (link to the notification form for dangerous products).
• You can also notify the President of UOKiK in person or submit your notification to UOKiK (link to the address details).
• Provide basic information about the reported product (name, date and place of purchase).
• Provide more specific details and give reasons for non-compliance of the product with safety requirements (additional product identification data, a brief description of the event constituting the basis for your notification, description of product irregularities).
• Include relevant attachments (e.g. photos, printouts of websites).

Where to find information on dangerous products

• In the Register of Dangerous Products containing information about products that pose a risk to the health and life of consumers (a product may be entered in the Register on the basis of a relevant decision by the President of UOKiK);
• in RAPEX, a European information system that contains information on dangerous products withdrawn from markets, including markets other than Polish.

 

LEGAL BASIS:

- General Product Safety Act of 12 December 2003 (Journal of Laws [Dziennik Ustaw] 2016, item 2047)

- Civil Code of 23 April 1964 (Journal of Laws [Dziennik Ustaw] 2019, as amended)