Saturday, August 29, 2009

5 things u must know about product recall

Consumers in the United States depend on the government to ensure the safety of products sold in the country. Given the volume and diversity of commodities available through various distribution channels across the nation, monitoring product safety is a monumental task. Product defects occur.

Recent news headlines have alerted us to tainted foods and defective medical devices that have been withdrawn from circulation because of their threats to public health. Each consumer needs to have reliable information necessary to take appropriate action when recalls happen . This article poses and answers five simple questions about the product recall process used in the United States.

1. Which agency has responsibility for product recalls?

The Federal Drug Administration (FDA) is the federal agency responsible for ensuring the safety of a variety of products in widespread use in the U.S.

2. What products are subject to recall?

The FDA regulates and monitors the safety of a long list of products, including:

* Drugs used by humans and animals

* Vaccines

* Biologics, such as blood, blood-based products, and transplantable human tissue

* Animal feed

* Medical devices

* Radiation-emitting products

* Cosmetics

* Approximately 80% of the foods eaten in the U.S. (the FDA does not regulate meat, poultry, and egg products).

3 . Why does the agency recall products?

Yes, you guessed correctly. The primary reason for a recall is to protect public health and safety. When an FDA-regulated product is either defective or potentially harmful, it is removed from the market -- permanently, or until the problem is fixed.

According to FDA, it is rare for the agency to request a recall. Most product calls are voluntary. Sometimes a company discovers a problem and recalls a product on its own. In other situations, a company initiates the recall after FDA raises concerns about a product.

4. What criteria are used to determine product risks?

Regardless of the initiator, risks associated with product defects vary. Consequently, the FDA uses the level of hazard to categorize all recalls into one of three classes:

* Class I includes dangerous or defective products that predictably could cause serious health problems or death. Products, such as the recent cases of faulty pacemakers and bacteria-tainted peanut butter, fall under this category. Other examples include foods with undeclared allergens and a product label mix-up on a lifesaving drug.

* Class II products might cause a temporary health problem, or pose only a slight threat of a serious nature. An example would be an under-strength drug, which though sub-standard, may not be life threatening.

* Class III products are unlikely to cause any adverse health reaction, but they are recalled for violating FDA product labeling or manufacturing laws. An example would be minor defects in product packaging.

5. Where can consumers get updates on product recalls?

The FDA does not publicize all recalls in the media. It uses media publicity only when the public needs to be alerted to a serious hazard associated with a defective product. However, you can obtain full details about all recalled products in the FDA's weekly publication titled Enforcement Report. You can sign up for updates at the agency's website: http://www.fda.gov/ForConsumers/default.htm.

Rachel Agheyisi is an economist with over 25 years of business research, writing, and corporate consulting experience. She is the Executive Director of Report Content Writer, a company that specializes in writing white papers and case studies used by IT companies for generating leads in the biotech, financial services, and health care industries.
http://www.reportcontentwriter.com

Email me at rachel@reportcontentwriter.com on how I may help you develop content-rich white papers and case studies.

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Product Liability: making a claim

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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Friday, August 28, 2009

ISO moves to ISO 10393

First step for ISO standard on recall of unsafe products

2009-05-29

The first meeting of the ISO project committee that will develop an International Standard providing a code of good practice for establishing, implementing and managing efficient, flexible and responsive consumer product recall programmes including corrective actions, took place in May 2009, in Kuala Lumpur, Malaysia.

ISO/PC 240 1st meetingThe first meeting of ISO/PC 240, Product recall, was held in Kuala Lumpur, Malaysia, in May 2009.

ISO/PC 240, Product recall, decided on a publication target of 2012 for the new standard (ISO 10393). ISO/PC 240 also resolved to harmonize efforts with other ISO committees developing standards for consumer product safety (ISO/PC 243), anti-counterfeiting (ISO/PC 246) and combatting fraud (ISO/TC 247).

The committee extended a call for interested parties wishing to participate (through the ISO member of their respective country). Currently, about 12 countries participate in ISO/PC 240, and an additional four have observer status. Among its members, Canada, Japan, Malaysia, Republic of Korea and South Africa were present at the first meeting.

ISO/PC 240, Product recall was established following an initiative of ISO/COPOLCO, the ISO Committee on consumer policy, which noted that ineffective product recalls of damaged or unsafe products have resulted in millions of people being injured – sometimes fatally – or becoming ill.

“A market-oriented International Standard on product recall will help to protect consumers and users from fatalities, injuries and financial loss caused by flawed products, but it will also help businesses to save time and money and reduce related legal risks” said the Canadian representative, Mr. Doug Geralde, Director of Corporate Audits and Investigations, Canadian Standards Association.

“This standard is particularly relevant in today’s market context where products routinely cross borders, but uneven and inconsistent approaches in policies and procedures pose significant challenges for global recalls,” Mr. Geralde added.

The International Standard will help organizations to plan and execute timely and cost effective product recalls following design flaws, manufacturing defects, or inadequate warning labels or instructions – whether the products are still in the manufacturer’s or distributor’s inventory or retail shelves or in the hands of consumers. It will also provide guidance on corrective actions, including repair, placement, re-purchase and public notice, helping organizations to minimize legal risks, and contributing to customer satisfaction and loyalty.

The work of ISO/PC 240 will apply to consumer products, including electrical and gas household appliances. The projected standard will be useful for manufacturers, retailers, importers, testing organizations, providers of third party recall services, legal firms, government regulators and consumers/safety organizations.

The Kuala Lumpur meeting was hosted by the Department of Standards Malaysia (DSM), ISO member for the country, who provides the secretariat of the committee.ISO/PC 240’s next meeting will be held in November 2009.


Drugs Controller General of India (DCGI) needs to work out stringent procedures on drug transportation, storage and methods of quick recall of product

Karnataka drugs control dept seizes stocks of 5 substandard drugs from retail chemists


Saturday, August 29, 2009 08:00 IST
Nandita Vijay, Bangalore

Karnataka drugs control department has seized stocks of 5 different drugs in surprise inspections at the premises of pharmacists and the tests have proved that these products are not of standard quality. These drugs were tested at the drug test lab housed within the state drugs control department.

One of these drugs is Cefpodoxime Proxetil tablets manufactured by Meridian Medicare Ltd located in Himachal Pradesh. The second is Dexamethasone Sodium Phosphate produced by the Karnataka Antibiotics & Pharmaceuticals Limited (KAPL). Trazidim Midazolam Injection is another product manufactured by Health Biotech Ltd in Himachal Pradesh. The fourth is Kexer-D tablets produced by Biocon Healthcare in Uttaranchal and the fifth drug I Diclofam by Akums Drugs & Pharmaceuticals, at Haridwar.

All the drug stocks were seized during random checks. The only way to ensure sale of good quality drugs is through surprise inspections. The manufacturing practices are not upto the mark in many of the small companies outside the state, said Dr. BR Jagashetty, Karnataka drugs controller.

"An important aspect of a substandard drug is that formulations do not contain the labelled quantity of the active therapeutic ingredient. Indian Pharmacopoeia (IP) prescribes the tolerance limits within which the active ingredient should be present. For example, if a tablet of Aspirin is labelled to contain 100mg. of Aspirin, IP may say when determined by the IP method of Assay, it should be within 95 to 105 per cent of labelled quantity and if the tablet tested has lower amounts then such a batch of aspirin tablets will be declared as 'substandard'," said Dr. DB Narayana, managing trustee, Delhi Pharmaceutical Trust.

According to the pharma industry sources, the substandard drugs can be curbed only with rigorous checks carried out at all levels from sourcing of active pharmaceutical ingredients to the supply of the final formulation. This also includes methods of transportation for drugs across the country. There is also need to monitor the outside temperature within the refrigerated trucks and its working condition.

The units located in the excise free zones which are engaged in production of pharmaceuticals are now proving to be the major source of substandard drugs. However, there are stray cases of well-known companies who are also found to produce drugs found to be substandard. These are likely to be either manufactured by third party producers or by some slip-ups during in-house production arising due to lack of monitoring and quality checks at various stages.

There is no ban on marketing of the drugs produced at excise free zones across the country. But it is the responsibility of the state regulator to ensure quality drugs are sold at pharmacy outlets. This is where the need for Good Distribution Practices (GDP) comes into play. While there are Good Manufacturing Practices (GMP) and Good Laboratory Practices (GLP) enforced, GDP needs to be mandated at the earliest, said Dr. Jagashetty.

Drugs Controller General of India (DCGI) needs to work out stringent procedures on drug transportation, storage and methods of quick recall of products found not-of-standard quality stated Dr. Jagashetty.



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