Withdrawal of goods from the market – determinants of defective products

Abstract

This paper represents a form for preventive consumer protection, primarily from the aspects of health and safety, especially when it comes to mass industrial production. In practice and in legislation, a distinction is made between visible and invisible defects. Numerous manifestations that are identified as product defects can be classified into three categories, i.e., they are manifested in the form of: (1) structural and manufacturing defects, (2) inadequate instructions for use and inadequate warnings about the properties of the product, and (3) subsequently discovered defects, the harmful effects of which could not be known at the time when they were produced, i.e., placing the product on the market (trade), which acquires the status of goods. Practice has shown that these cases very often involve products from the pharmaceutical industry. For those products, it was subsequently established that they caused some damage to the health of the user, and for which products, according to scientific and putting them on the market, they did not know about their harmful properties. This means that they caused very bad effects on the health of the users. This means that they caused very bad effects on the health of the users. Consumer products that can present not only potential dangers when used, but also lead dangerous situations during use, including health and safety risks (most often cosmetic products, children's toys, health supplements, etc.). In the European Union, therefore, a system of rapid exchange of information on the dangers arising from the use of the mentioned consumer products (RAPEX) was established.