Product recall lawyers in the Netherlands

Published on 11 March 2023 · Last updated 28 October 2026

A product recall lawyer in the Netherlands helps you decide whether a product must be recalled, notify the authorities in time, draft a recall notice that meets the legal requirements and recover the costs from your suppliers. For consumer products the duty to act is immediate once you have reason to believe a product is dangerous (Article 9(8) of Regulation (EU) 2023/988); for food, Article 19 of Regulation (EC) No 178/2002 applies.

This page is for manufacturers, brand owners, importers and distributors that face a possible recall of consumer products or food on the Dutch market. It shows what a lawyer does in the first days of a recall, where the legal risks lie and how costs are allocated in the chain. The rules themselves are explained on our page on recalls under Dutch law. Facing a safety issue now? Contact our product regulation attorneys.

When should you call a lawyer about a product recall?

As soon as you have information suggesting a product may be dangerous or, for food, may not comply with food safety requirements. The duty to take corrective measures and notify the authorities starts at that moment, not when the investigation is finished (Article 9(8) GPSR; Article 19(1) Regulation 178/2002).

Typical trigger moments are a customer complaint about injury, a test report from a laboratory or marketplace, a supplier who reports a defect in a component, a notice from the NVWA, or a recall of the same product in another Member State. In each case the first decisions, whether the product is dangerous, who notifies and what you say to customers, shape your legal position for months.

What does a recall lawyer do in the first days?

Secure the deadlines, assess the legal duty to act, coordinate notifications and communications, and protect your recourse against suppliers and insurers. The table shows the usual steps and why they are legal work rather than only technical or communications work.

Situation	What is at stake legally	What we do
Reason to believe a consumer product is dangerous	Immediate corrective measures and notification through the Safety Business Gateway (Articles 9(8), 11(8) and 12(4) GPSR)	Assess the information, decide with you on withdrawal or recall, prepare the notification
Unsafe or non-compliant food	Withdrawal and immediate notification of the NVWA; informing consumers and, where other measures are not sufficient, recall (Article 19 Regulation 178/2002)	Check traceability data, scope of affected batches and the notification text
Recall notice to consumers	Content and language requirements, the headline “Product safety recall”, no wording that plays down the risk (Article 36 GPSR)	Draft or review the notice in Dutch and other languages
Remedies for consumers	Repair, replacement or refund, free of charge (Article 37 GPSR)	Design a remedy plan that is lawful and manageable
NVWA announces an order or fine	Recall order (Article 32h Commodities Act), administrative fine (Article 32a)	Respond to the notice of intent, object within six weeks, request interim relief if needed
Supplier or customer disputes who pays	Non-conformity and damages under Dutch contract law (Articles 7:17, 7:23 and 6:74 Dutch Civil Code)	Send notices of default and protest in time, negotiate or litigate

Who must notify the authorities in a recall?

Each link in the chain has its own duty. The manufacturer notifies and takes corrective measures; an importer informs the manufacturer and makes sure measures are taken; a distributor informs the manufacturer or importer and makes sure the authorities are informed (Articles 9(8), 11(8) and 12(4) GPSR).

For food, the operator that imported, produced, processed or distributed the food notifies the competent authority, in the Netherlands the NVWA, immediately if the food may be injurious to health (Article 19(3) Regulation 178/2002). Neither regime sets a fixed number of hours; “immediately” is the standard. Because notifications are shared with other Member States through EU alert systems, coordinate the text with every company that sold the product.

What are the legal risks of a recall for your company?

Enforcement by the NVWA, claims from consumers and business customers, and the cost of the recall itself. A dangerous consumer product that is not withdrawn can lead to a recall order, and not complying with that order is a criminal offence (Article 32h Commodities Act).

Anyone who suffers personal injury, and consumers whose private property is damaged, by a defective product can claim from the producer under product liability (Articles 6:185 and 6:190 Dutch Civil Code; for products placed on the market after 9 December 2026, Directive (EU) 2024/2853 applies once implemented), explained on our page on product liability in the Netherlands. Business customers rely on contract law. Many violations of the Commodities Act can also lead to an administrative fine (Article 32a Commodities Act); see our page on NVWA enforcement and fines.

Has the NVWA or a marketplace already contacted you about a product? Let us review your position before you respond; the first written statement is often quoted back in later proceedings.

Who pays the costs of a recall?

Towards consumers, the company that carries out the recall bears the cost of the remedies. Whether it can pass those costs on depends on the supply contracts and on Dutch contract and liability law.

A buyer that received a non-conforming product can claim damages from its seller, provided it notified the seller within a reasonable time after it discovered, or should have discovered, the defect (Articles 7:17, 7:23 and 6:74 Dutch Civil Code). In international chains, the applicable law and forum clauses in the contract decide where and under which rules that claim is heard; between businesses in different countries the CISG often applies unless the contract excludes it. A recall clause that states who decides, who notifies, who pays and how quickly information is shared prevents most of these disputes. If you have recall or product liability insurance, notify the insurer early and check the policy conditions before you commit to costs.

How do you prepare for a recall before it happens?

By agreeing recall responsibilities in your contracts, keeping traceability data that lets you limit a recall to the affected batches, and having a notification and communication plan ready. Food businesses must be able to identify their suppliers and the businesses they have supplied (Article 18(2) and (3) Regulation 178/2002).

A practical recall file contains the contact details of your EU responsible person and importers, the procedure for the Safety Business Gateway, a template recall notice in Dutch, the remedy options you can offer and the names of the people who decide. We review supply, distribution and private label agreements so that the recall clause, the warranty, the limitation of liability and the insurance obligations fit together.

Practical example: a German toy importer and a choking hazard

Suppose a German company imports wooden toys from Asia and sells them through Dutch retailers. A Dutch parent reports that a small part came loose. The importer has reason to believe the toy is dangerous and informs the manufacturer, and the authorities are notified through the Safety Business Gateway (Article 11(8) GPSR).

Retailers withdraw stock, and consumers receive a Dutch recall notice with a refund or replacement (Articles 36 and 37). The importer then claims its costs from the manufacturer under the supply agreement and the law that governs it, after sending a timely notice of the defect. Between businesses from different countries that is often the UN Convention on Contracts for the International Sale of Goods (CISG), which also requires notice within a reasonable time (Article 39 CISG); Article 7:23 Dutch Civil Code applies where Dutch law governs and the CISG does not apply or is excluded. Because toys are also covered by specific EU toy legislation, that legislation is checked first; the GPSR covers risks it does not address (Article 2(1) GPSR).

Why choose MAAK Advocaten for a product recall?

MAAK Advocaten in Amsterdam combines product regulation, contract law and litigation in one team, so the advice on notifications, the dealings with the NVWA and the recovery of costs come from the same lawyers. We work in English, Dutch and German for manufacturers and importers from inside and outside the EU.

Martin Krüger leads our product regulation work; see our product regulation attorney page. For the legal framework, read our pages on recalls under Dutch law and on product recall in the Netherlands, and our overview of product compliance in the Netherlands.

Frequently asked questions about product recall lawyers

When must I start a product recall?

When you consider or have reason to believe that a consumer product you placed on the market is dangerous and corrective measures are needed (Article 9(8) GPSR), or, for food, when it does not comply with food safety requirements: you must then withdraw it and inform the NVWA, inform consumers if it may have reached them, and recall it from consumers where other measures are not sufficient (Article 19(1) Regulation 178/2002).

Within how many hours must I notify the NVWA?

The GPSR and Regulation 178/2002 do not set a number of hours; they require you to act and notify immediately. Delay increases the risk of enforcement and liability.

What must a recall notice say?

Among other things: the headline “Product safety recall”, a description of the product and the hazard, an instruction to stop using it, the remedies and a free contact point, in the language of each country where the product was sold (Article 36 GPSR).

Can the NVWA force a recall?

Yes. For dangerous consumer products the Minister, in practice through the NVWA, can order withdrawal or recall if a company does not act; ignoring the order is a criminal offence (Article 32h Commodities Act).

Can I recover recall costs from my supplier?

Often, if the product did not conform to the contract and you notified the supplier within a reasonable time after discovering the defect (Articles 7:17, 7:23 and 6:74 Dutch Civil Code), subject to the contract terms.

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.