Saturday, May 22, 2010

Product Recall forum

Recall Alert: 2007-2008 Dodge Ram 2500 and 3500 with Cummins Diesels (12/16/08)
TruckTrend Magazine - USA
Following 14 reports of engine-bay fires, Chrysler is recalling 108,429 2007-2008 Dodge Ram 2500 and 3500 pickup trucks equipped with the 6.7L Cummins diesel engine. The fires were caused by sagging noise insulation material coming into contact with the diesel's exhaust-gas recirculation cooler.
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Class Action Lawsuit Filed Over Behr Toxic Plume (9/5/08)
NewswireToday, Dayton, OH, USA
The suit demands that defendants Behr America, Inc., Behr Dayton Thermal Products, LLC and Behr Dayton Thermal Plant LLC, and Chrysler, LLC, make restitution for damages to residents caused by toxic underground fumes from the plant.
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2008 Dodge Charger, Magnum, Chrysler 300 Recalled (7/19/08)
Edmunds.com/Inside Line - Santa Monica,CA,USA
The federal government says 5,509 2008 Dodge Chargers and Magnums, along with some 2008 Chrysler 300 vehicles, are being recalled for a problem that was first spotted in March on a 2009 Dodge Challenger pilot vehicle undergoing prelaunch evaluation at Chrysler's Chelsea Proving Grounds. The torque retention crimp feature "was missed" during the manufacture of one lot of rear axle hub nuts on the affected cars.
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Chrysler Expands Jeep Stalling Recall (5/7/08)
Consumer Affairs - USA
Chrysler is expanding the recall of Jeep Commander SUVs to repair engine stalling that has endangered scores of Jeep owners. The National Highway Traffic Safety Administration (NHTSA) reported that the automaker has now recalled 24,461 2006 Jeep Commanders to reprogram automatic transmission software in Jeeps equipped with the 4.7 liter engine.
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Government upgrades investigation of 2002-2003 Jeep Liberty (4/22/08)
The Associated Press
The government has upgraded an investigation into Chrysler LLC's Jeep Liberty following reports of drivers losing control of their sport-utility vehicles. The National Highway Traffic Safety Administration said it has received 22 complaints of the upper ball joint separating on either of the front wheels. The problem can lead to the front wheel collapsing,
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US: Tyre monitor-related recall for Chrysler Sebring and Dodge Avenger (4/12/08)
Automotive World (subscription) - London,UK
...recall for a combined 180,963 units of the Chrysler Sebring and Dodge Avenger models is to take place from mid-April.
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Chrysler Recalls Sebrings, Avengers (4/8/08)
Consumer Affairs - USA
Chrysler is recalling 180,963 2007 to 2008 model year Sebring and Dodge Avengers that are equipped with the standard tire pressure monitoring system. The wiring in the system can corrode causing a short circuit, according to the National Highway Traffic Safety Administration (NHTSA).
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Limited Recall to Repair Jeep Stalling Epidemic (3/4/08)
Consumer Affairs - USA
Chrysler is recalling 1,338 of the 2008 Jeep Grand Cherokee and Commander SUVs to repair a stalling problem in the vehicles.
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Feds Probe Fire Hazard in Chrysler Pacifica (2/26/08)
Consumer Affairs - USA
...National Highway Traffic Safety Administration (NHTSA) reported the fires may be related to a faulty power steering seal.
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As airbag recall process drags on, crash kills another driver (10/22/07)
Kansas City Star - MO,USA
A bureaucratic back-and-forth dragged on for months after the March 2005 death of Brooke Katz, pulled from the wreckage of a new Dodge Caravan. Were the airbags defective? Was a safety recall in order? In the time it took federal safety regulators and DaimlerChrysler to explore those questions, another woman would die.
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Jeep Wrangler, Dodge Nitro Recall (7/6/07)
InjuryBoard.com - Tampa,FL,USA
Daimler Chrysler is recalling 80,894 -- 2007 Jeep Wranglers and Dodge Nitro vehicles to reprogram an automotive defect in the power module, after receiving multiple consumer complaints about power loss to the engine...
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Chrysler to Recall Jeep Wrangler, (7/3/07)
Wall Street Journal - USA
Chrysler said NHTSA has received about 180 complaints of engine stalling in Wrangler and Nitro vehicles, with one accident reported...
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Consumer group slates dodgy cars (7/3/07)
BBC News - UK
The Chrysler 300C, on the other hand, suffers from poor safety specifications, which "don't stand comparison with its luxury-car rivals" ...
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NHTSA probes Chrysler's Jeep Wrangler for engine stalls (6/5/07)
MarketWatch - USA
DETROIT (MarketWatch) -- U.S. safety regulators opened a preliminary investigation into the Chrysler Group's 2007 Jeep Wranger after receiving complaints of engine stall at highway speed...
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270000 Chrysler Vans Recalled With Faulty Airbag Problems (5/19/07)
InjuryBoard.com - Tampa,FL,USA
DaimlerChrysler is recalling 270,958 minivans in the United States to fix faulty air bag sensors. Corrosion may be causing some air bags not to deploy when needed. Those on the list are the 2005 Town and Country and Dodge Caravan minivans...
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Chrysler Recalls 400000 Minivans (5/15/07)
InjuryBoard.com - Tampa,FL,USA
Chrysler told the National Highway Traffic Safety Administration (NHTSA) that brass brushings on the sensors could potentially corrode and crack on the...
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Chrysler recalls 271000 minivans to repair air bags (5/11/07)
Chicago Tribune - Chicago,IL,USA
The automaker will begin sending letters to dealers and owners in July, according to NHTSA's Web site. There have been no reported injuries or accidents...
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Chrysler Group recalling 270000 minivans to fix airbag sensors (5/11/07)
Autoblog - Santa Monica,CA,USA
We've included a list of the 20 states affected after the jump along with the recall report from the NHTSA. DaimlerChrysler will notify owners in each state...
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Feds Investigate Land Rover Driveshaft Complaints, PT Cruiser Glass Problem (4/10/07)
Edmunds.com/Inside Line - Santa Monica,CA,USA
(NHTSA) announced on its Web site that it has opened a preliminary investigation into complaints of driveshaft failures on some Land Rover Range Rover models from 2002-'04. At the same time, NHTSA says Chrysler Group will begin recalling 38,500 PT Cruisers next month to replace rear-quarter glass with defective fasteners...
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DaimlerChrysler Pays $55 Million In Wrongful Death Suit (3/8/07)
TruckTrend Magazine - USA
...to an ongoing NHTSA investigation, it chose to issue a 'voluntary recall' of the Dodge Dakota in 2000 to install a "fix" that its safety office knew...
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Toyota's recent quality problems (1/5/07)
Edmunds.com/Inside Line - Santa Monica,CA,USA
Reuters reported that car maker DaimlerChrysler's premium Mercedes arm said on Tuesday it would recall almost 130000 vehicles in Germany due to possible...
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DaimerChrysler to Pay $1.2 Million for Mercedes Pollution ... (12/24/06)
FOX News - USA
...In response to the investigation, Mercedes began voluntary recalls for two of the... at an estimated cost of about $59 million, the justice department and EPA said...
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DaimlerChrysler to pay for Clean Air violation (12/22/06)
Los Angeles Times - CA,USA
...In response to the EPA's investigation, Mercedes began voluntary recalls for two defects and notified owners that it would extend warranty coverage for a third...
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NHTSA announces recalls of some Chrysler, Ford vehicles (11/30/06)
WZZM - Grand Rapids,MI,USA
AP. The largest recall involves almost 128-thousand Chrysler Pacificas from the 2005 and 2006 model years. The crossover vehicles...
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Feds Order Recall to Fix Faulty Volvo Speed Controls (11/29/06)
Consumer Affairs - USA
...NHTSA also ordered DaimlerChrysler's Chrysler Group to recall 128,000 Pacifica sport utility vehicles because of a problem with the software governing the fuel...
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Feds Order Recall to Fix Faulty Volvo Speed Controls (11/27/06)
Consumer Affairs - USA
...NHTSA also ordered DaimlerChrysler's Chrysler Group to recall 128,000 Pacifica sport utility vehicles because of a problem with the software governing the fuel...
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US: Chrysler and Ford recall 130,600 vehicles (11/26/06)
Automotive World (subscription) - London,UK
...Safety Administration (NHTSA) has announced vehicle recalls affecting about 130,600 vehicles, according to the Associated Press. The recall includes 127,928...
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Volvo recalls 360,000 cars for speed control bug (11/24/06)
Reuters - USA
...Chrysler dealers will reprogram the power train controls and relace the fuel pump on certain cars as part of the recall, the NHTSA said in its recall notice...
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Volvo, Chrysler and Ford recall vehicles (11/23/06)
Daily Breeze - Torrance,CA,USA
...electronic throttle module may cause the vehicles to unnecessarily go into "limp home" mode, in which the vehicle's speed is limited to 10 to 30 mph, NHTSA said...
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Chrysler, Ford Vehicles Face US Recall (11/23/06)
Wall Street Journal (subscription) - New York,NY,USA
...1 to Sept. 30, 2004, NHTSA said... The original manuals do not contain required warning information about the higher risk of rollover in an SUV, NHTSA said...
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NHTSA announces recalls of some Chrysler, Ford vehicles (11/23/06)
WLNS - Lansing,MI,USA
The largest recall involves almost 128-thousand Chrysler Pacificas from the 2005 and 2006 model years. The crossover vehicles have...
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Chrysler, Ford Vehicles Face US Recall (11/22/06)
Wall Street Journal (subscription) - New York,NY,USA
...1 to Sept. 30, 2004, NHTSA said... The original manuals do not contain required warning information about the higher risk of rollover in an SUV, NHTSA said...
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Crash-test scores, drug costs, fantasy football toy, Dodge recall, ID theft (09/10/06)
STARWATCH CONSUMER
Kansas City Star - MO,USA
Chrysler said it would recall 145,099 of its 2006 Dodge Ram 1500 pickup trucks to fix the passenger air bag and seat belt...
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Chrysler recalls Dodge Ram 1500 pickups (09/07/06)
Detroit Free Press - United States
...Chrysler Group, a division of DaimlerChrysler AG, said the air bag system may not be compatible with some rear-facing child seat models if the passenger seat...
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Dodge Durango probe upgraded (09/03/06)
Business news in briefs
Detroit Free Press - United States
...because of instrument-panel fires, the same problem that led to a recall in December 2003.
More...

Chrysler in the hot seat (08/26/06)
NorthJersey.com - Hackensack,NJ,USA
Davis suffered third-degree burns, and several skin grafts and hospital stays later, and he has medical bills totaling roughly $1 million. He and five other paraplegics have filed lawsuits against the Chrysler Group, claiming severe burns from heated seats in Grand Cherokees. Chrysler denies the claims but has settled three cases and, in June, it recalled 111,000 Grand Cherokees to replace their seat heaters...
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Chrysler Group plagued by surge in recalls (08/22/06)
Jackson Clarion Ledger - Jackson,MS,USA
...nine problems under review, an action that typically ends an NHTSA investigation... Chrysler issued its largest recall of the year last month, for defective ball...
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Chrysler experiencing rash of recalls (08/22/06)
The News Journal - Wilmington,DE,USA
...of stalling engines, puncture-prone fuel tanks and... an action that typically ends an NHTSA investigation... to 2003, saying consumers have reported fires under the...
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Chrysler plagued by surge in recalls (08/22/06)
Detroit Free Press - United States
...Chrysler's recall notice to the NHTSA said that the company received its first complaint about the seats in January 2005...
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Mercedes M-Class SUV Recall (5/23/05)
Consumer Affairs - USA
The National Highway Traffic Safety Administration said DaimlerChrysler AG is recalling 7,191 of its 2006 model-year Mercedes M-class sport-utility vehicles...
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Failed airbag in '94 pickup subject of $150k suit (5/20/05)
Madison County Record - Edwardsville,IL,USA
A driver whose airbag failed to deploy in a one-car rollover accident is suing DaimlerChrysler and Auffenberg Ford for more than $150,000 in St...
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Police investigating another fatal crash (5/20/05)
CFCN - Calgary,Alberta,Canada
...The 55-year-old woman in the Chrysler was wearing her seatbelt but was ejected from the vehicle and died at the scene...
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Chrysler Group Orders Voluntary Recall Of 70,000 Minivans (4/12/05)
KGO - San Francisco,CA,USA
11 (AP) -- DaimlerChrysler AG's Chrysler Group on Friday announced a voluntary recall of about 70,000 model year 2003 Dodge Grand Caravan and Chrysler Town...
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Chrysler to Recall 70,000 Minivans (4/11/05)
ABC News - USA
The automaker, a unit of DaimlerChrysler AG , said the voluntary recall results from a liftgate latch which could become stuck...
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Chrysler to recall 70,384 minivans to fix latches (4/9/05)
MarketWatch - USA
NEW YORK (MarketWatch) -- DaimlerChrysler AG's (DXC) Chrysler Group will recall 70,384 minivans to fix the electric module that controls the latch on the...
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Chrysler Group orders minivan recall (4/8/05)
BusinessWeek - USA
DaimlerChrysler AG's Chrysler Group on Friday announced a voluntary recall of about 70,000 model year 2003 Dodge Grand Caravan and Chrysler Town...
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Daimler Chrysler to recall Mercedes E, S class cars here (4/4/05)
Economic Times - India
MUMBAI: Daimler Chrysler, the world's biggest maker of luxury cars, has begun notifying its customers in writing about the recall programme in India...
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Lawyer Responds to Daimler Chrysler Blaming Consumer Lawsuits for ... (3/16/05)
PR Newswire (press release) - USA
In a recent speech to the Detroit Economic Club, Daimler Chrysler CEO Dieter Zetsche blamed consumer safety litigation for impeding the American auto...
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110,000 vehicles hit by Mitsubishi Fuso recall (2/2/05)
Expatica - Netherlands
TOKYO - DaimlerChrysler AG's Japanese offshoot, Mitsubishi Fuso said on Wednesday a total of 110,000 trucks and buses were subject for recall due to defects...
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Ford recalls over 200,000 vans (10/13/04)
Big Three automaker Ford announced that it is recalling 234,208 Econoline vans sold in North America for repairs to an electronic unit that controls the anti-lock brakes. 2003 and 2004 Econoline models are affected by the recall. The unit can potentially short out and present a fire hazard, although no accidents or injuries have yet been reported as being linked to it.

The recall follows a spate of recalls since the beginning of 2004 at Big Three auto-makers. General Motors, on the heels of a 824,000-car recall in January, announced in February 2004 that it was recalling 1.8 million cars due to a problem with their ignition system that could potentially start fires, as well as 636,000 SUVs due to a defective part. The company also announced a recall in August of 32,000 Chevrolet Aveo cars due to a potential problem with the car’s rear seat belts. DaimlerChrysler announced in July that it would recall 20,000 cars due to safety concerns regarding battery cable connections, safety belts, and child seat anchors.
more.


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CE Marking Liability

Who is liable for a product?
Since the introduction of European product legislation and CE marking, product liability has become a very important factor for the manufacturer, exporter or importer in conducting trade in Europe. The central element of European product legislation is user safety.

If damage or injury is sustained from a particular product, the user may hold the manufacturer, authorized representative, agent or importer responsible. European legislation in the area of product liability allows users of products to claim damages as the result of an injury. All manufacturers, exporters and importers have a responsibility to ensure that the products they place on the market are safe. European product liability legislation provides instruments and enforcement for users who want to claim damages.

It is therefore necessary for parties involved in the placing of products on the European market to reach contractual agreements in order to cover liability issues.

Liability aspects should be covered not only in the CE marking administrative requirements such as the declaration of conformity, Technical Construction File and user manual, but also in the sales contract.



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defective goods LIABILITY in INDIA- the LAW

Product Liability law in India

LIABILITY FOR MANUFACTURING OR DISTRIBUTING A DEFECTIVE PRODUCT IN INDIA

In India, Product liability law, also called “products liability”, governs the liability of manufacturers, wholesalers, distributors, and vendors for injury to a person or property caused by dangerous or defective products. The goal of product liability laws is to help protect consumers from dangerous or defective products, while holding manufacturers, distributors, and retailers responsible for putting into the market place products that they knew or should have known were dangerous or defective.

Civil Product liability in India is, essentially, governed by

a) The Consumer Protection Act, 1986

b) The Sales of Goods Act, 1930

c) The Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the “MRTP Act”)

d) The law of Torts.

e) special statues pertaining to specific goods

The laws relating to product liability, in India, have been constantly evolving, by way of judicial interpretations and amendments, to become one of the most important socio-economic legislations for the protection of consumers. The legislation, in respect of product liability in India, though was enacted to protect the interest of consumers but the same was, earlier, construed narrowly, thereby frustrating the object sought to be achieved. The trend, however, has changed in the recent times with the Courts adopting a pro-consumer approach. The Courts, in India, have now started awarding compensation and damages which are more punitive than compensatory in nature.

In Wheels World vs. Pradeep Kumar Khurana MANU/CF/0280/2002 the complainant, a doctor by profession, complained to the respondent about deficiency in service in not repairing, free of charge, a technical fault, which occurred during warranty period, in his new Montana car and then not delivering the same for a period of 4 years. A sum of Rs. 30, 000/- with interest @ 18% per annum from 2/7/1988 to 7/5/1992, was awarded as compensation, in favour of the complainant for his suffering, both professionally and otherwise, on account of non availability of car for a period of 4 years. Further interest, at the same rate for the same period, was also awarded on an amount of Rs. 82, 000/-, being the price of the car as well as an amount of Rs. 55, 00/- towards costs and, last but not the least, an amount of Rs. 50, 000/-, which was deposited by the Respondent on account of stay of imprisonment, was also awarded to the petitioner.

The product liability law, in India, apart from the civil liability, also imposes criminal liability in case of non-compliance with the provisions of each of the below mentioned Acts. The said Acts are in addition to and not in derogation of any other laws in force, which implies that an action imposing penal liability can be simultaneously initiated along with a claim under civil law. Some of these are special Acts pertaining to sale of specific goods such as food, drugs, cosmetics etc.. The provisions of these enactments are preventive in form , though the relief envisaged is an action for breach in civil or criminal court.

· The Foods Adulteration Act, 1954

· The Food Safety and Standards Act, 2006

· The Drug & Cosmetics Act, 1940

· The Indian Penal Code, 1860

· The Standards of Weights and Measures Act, 1956

· The Agricultural Produce (Grading and Marking) Act, 1937 for marking and grading of commodities like vegetables, butter, etc.

· The Indian Standards Institution (Certification Marks) Act , 1952 to formulate a number of standards for different products by ISI

· The Bureau of Indian Standards Act , 1986

Each of the aforesaid Acts provides for imposition of fine and/or imprisonment in case of supply of defective products or adulterated consumables.

The Food Safety and Standards Act, 2006 is the most recent legislation which comprehensively deals with food and safety standards which are to be complied with by manufacturers and producers, non-compliance of which imposes a liability, upon defaulters, of fine, extending upto Rs. Ten Lakhs and/or imprisonment.

The provisions of Indian Penal Code (IPC), on the other hand, in respect of product liability, are attracted when the element of cheating and fraud can be attributed to such defects. For example, in the case of Smt. Uma Deepak v. Maruti Udyog Ltd Ors (2003) CPJ 90(MRTP) the Complainant alleged that the car sold by the opposite party was not only accidental but the price, for the same, was also overcharged. The Court, in response to the allegations made by the complainant, directed arrest of the Directors as well as the manager of the dealers/agents who sold the said defective car to the complainant and remanded them to judicial custody. Subsequent thereto, the said officers of the opposite party were released on bail and were directed to replace the disputed car with a new car.

Provisions of IPC are also attracted to provide punishment to offenders for false weights and measures , adulteration of goods ( food, drugs etc -6 months imprisonment, fine of 1000 rupees or both), and false property marks ( one year imprisonment, fine or both). The period of limitation as per Section 468 of the Criminal Procedure Code is 6 months if offence is punishable with fine only , and one year if offence is punishable with upto one year imprisonment and three years if offence is punishable with imprisonment of above one year and upto three years.

The provisions of the Standards of Weights and Measures Act, 1976 are attracted in case of any false packaging, weight or measure which does not conform to the standards established by or under the said Act and breaches the mandatory declaratory requirements on a package. If any mandatory declaration is found missing on the package a fine of upto 2000 rupees shall be levied as per Rule 39 of the Standards of weights and measures packaged commodity rules.

The Drugs and Cosmetic Act, 1940 also provides for criminal liability for manufacturers and producers of medicinal products or cosmetics etc, which do not adhere to the prescribed standards.




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Product Liability Claims

Accident Claims Specialists

We are the leading personal injury claims specialists in the UK. We guarantee that all of our clients keep 100% compensation and we process accident claims under our completely free No Win No Fee * policy - meaning you will pay absolutely nothing to claim.

Accident claims can be made for a variety of accidents, ranging from road accidents to accidents at work. We can help people through the accident claims process if they have been involved in an accident through no fault of their own, offering no obligation, expert service that is second to none. Importantly, our clients will never be liable to bear any of the costs - that's guaranteed.

So, if you have suffered an accident in the last three years call our free phone helpline on0800 0199 299 to speak to a member of our fully trained legal team. Or simply submit your details on our brief online claim form and we will contact you very shortly.

Accident Types
Accident at Work Claims

Many people suffer injury at work through no fault of their own.
At Accidents Direct we help people get compensation for injuries sustained at work.

Car Accident Claims

If you were involved in a road accident through no fault of your own, whether as a driver, passenger or pedestrian, you could be entitled to claim compensation.

Medical Negligence Claims

Medical negligence claims can include wrong prescriptions, a delay in diagnosis which resulted in an injury or misdiagnosis of an illness or disease

Trip & Slip Claims

It is the responsibility of local authorities to maintain footpaths and roads. If you have been injured due to a failure in this duty, you may be entitled to receive compensation.


Public Liability Claims

Accidents in public can occur in a variety of places, and usually arise from simply being in the wrong place at the wrong time.


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