What is a Recall under Dutch law and How Do You Handle It?

Published on 3 April 2026 · Last updated 28 October 2026

A recall under Dutch law is any measure aimed at getting a product back that has already reached consumers. A manufacturer or importer that has reason to believe its consumer product is dangerous must immediately take corrective measures, inform consumers and notify the authorities (Article 9(8) and 11(8) of Regulation (EU) 2023/988). For food, Article 19 of Regulation (EC) No 178/2002 imposes a comparable duty.

This page is for manufacturers, brand owners and importers outside the Netherlands that sell consumer products or food on the Dutch market and need to know what to do when a safety problem appears. It explains which recall rules apply, how you notify the Netherlands Food and Consumer Product Safety Authority (NVWA), what a recall notice must say and what the NVWA can order. The general overview is on our page on product recall in the Netherlands. Facing a recall now? Speak to a product regulation attorney in the Netherlands.

Which recall rules apply: consumer products or food?

Two separate EU regimes apply. Non-food consumer products fall under the General Product Safety Regulation (GPSR), which applies from 13 December 2024. Food is excluded from the GPSR and falls under the General Food Law Regulation (Articles 2(2)(b) and 52 GPSR).

	Consumer products (non-food)	Food
Main rule	Regulation (EU) 2023/988 (GPSR)	Regulation (EC) No 178/2002
When you must act	You consider or have reason to believe the product is dangerous (Articles 9(8) and 11(8))	You consider or have reason to believe the food is not in compliance with the food safety requirements (Article 19(1))
Who you notify	Market surveillance authorities of every Member State where the product was sold, through the Safety Business Gateway	The competent authorities, immediately (Article 19(1) and (3)); in the Netherlands the NVWA
Dutch enforcement basis	Article 32h Commodities Act (recall order)	Article 21 Commodities Act and Article 138 Regulation (EU) 2017/625

Products covered by specific EU product legislation, such as toys or machinery, follow that legislation first; the GPSR only covers the risks it does not address (Article 2(1) GPSR). The steps below are therefore a baseline, not the full picture for every product.

When must a manufacturer or importer recall a consumer product?

As soon as it considers or has reason to believe, on the information it has, that a product it placed on the market is dangerous. A dangerous product is any product that is not safe, and a recall is the measure aimed at the return of a product already made available to consumers (Article 3(3) and (25) GPSR).

The duty is immediate and applies to each link in the chain. The manufacturer takes corrective measures, informs consumers and notifies the authorities (Article 9(8)). An importer informs the manufacturer and ensures that those measures are taken, taking them itself if they have not been (Article 11(8)). A distributor informs the manufacturer or importer and ensures that the authorities are informed (Article 12(4)). If the product has not yet reached consumers, a withdrawal from the supply chain may be enough (Article 3(26)).

Is the manufacturer established outside the EU? Then the product may only be placed on the market if an economic operator established in the EU is responsible for the product, and that operator must ensure that accidents are reported (Articles 16(1) and 20(4) GPSR). For a foreign brand, that responsible person is usually your EU importer or authorised representative, which is why the recall clauses in that contract matter.

When must a food business recall food in the Netherlands?

When it considers or has reason to believe that food it imported, produced, processed or distributed does not comply with the food safety requirements. It must then withdraw the food and, if the food may have reached consumers and other measures are not enough, recall it from them (Article 19(1) Regulation (EC) No 178/2002).

Food is unsafe if it is injurious to health or unfit for human consumption (Article 14(2)). If one item in a batch is unsafe, the whole batch is presumed unsafe unless a detailed assessment shows otherwise (Article 14(6)). Retailers and distributors that do not affect the packaging, labelling or safety of the food must withdraw non-compliant products within the limits of their activities and pass on tracing information (Article 19(2)).

Traceability makes a targeted recall possible. Every food business must be able to identify its suppliers and the businesses it supplied, and make that information available to the authorities on demand (Article 18(2) and (3)). Where the operator is established outside the EU, the importer into the Union market is responsible for the food information on the label (Article 8(1) Regulation (EU) No 1169/2011).

How do you notify the NVWA of an unsafe product?

For consumer products, through the EU Safety Business Gateway, addressed to the authorities of each Member State where the product was sold. For food, by informing the competent authority immediately; in the Netherlands that is the NVWA. The notification must describe the risk and the measures already taken.

Under the GPSR, the notification gives details of the risk to consumers, the corrective measures already taken and, if available, the number of products still on the market per Member State (Article 9(8), second subparagraph). A food business must inform the authorities immediately if food it placed on the market may be injurious to human health, including the action taken to protect consumers (Article 19(3)). Separately, a manufacturer must report accidents that caused death or serious harm to health through the Safety Business Gateway without undue delay (Article 20(1) and (2) GPSR).

The authorities then share serious risks with other Member States: food through the rapid alert system of Article 50 of Regulation 178/2002, consumer products through Safety Gate. A Dutch recall therefore often becomes an EU-wide matter within days, which is a reason to check before notifying whether the same batch was sold in other countries.

What must a recall notice contain?

A written recall notice must be easy to understand, be available in the language of each Member State where the product was sold and carry the headline “Product safety recall” (Article 36(2) GPSR). For the Netherlands, that means Dutch.

The notice must also contain, among other things:

a description of the product with picture, name, brand and batch or serial number, and where and when it was sold;
a clear description of the hazard, without words such as “voluntary” or “precautionary” that play down the risk;
an instruction to stop using the product immediately, and the remedies available;
a free phone number or interactive online service for questions.

You must notify all affected consumers you can identify directly and without undue delay, using the customer data you hold. If you cannot reach everyone, you publish the notice through other channels with the widest possible reach, such as your website, social media and shops (Article 35(1) and (4) GPSR).

Has a product of yours been flagged by a customer, a marketplace or the NVWA? Let us review your position before you send the notification.

Which remedies must you offer consumers?

An effective, cost-free and timely remedy. In principle the consumer chooses between at least two of: repair, replacement with a safe product of the same type and at least the same value and quality, or a refund of at least the price paid (Article 37(1) and (2) GPSR).

Only one remedy may be offered if the others are impossible or would be disproportionately costly. If repair or replacement is not completed within a reasonable time and without significant inconvenience, the consumer is always entitled to a refund. The consumer does not pay for shipping, and for products that are not portable you arrange collection (Article 37(2) and (5)).

What can the NVWA order if a company does not act?

For dangerous consumer products, the Minister, in practice through the NVWA, can order an economic operator to withdraw or recall the products if it fails to take appropriate measures; not complying with that order is a criminal offence (Article 32h Commodities Act).

For goods outside the GPSR, such as food, the Minister can also order a trader to inform holders of the danger without delay (Article 21(1) and (4) Commodities Act). For food, the authorities can order the recall, withdrawal or destruction of goods and corrective information to consumers (Article 138(2)(c) and (g) Regulation (EU) 2017/625). Breaches of many Commodities Act rules can lead to an administrative fine (Article 32a Commodities Act).

Such orders and fines are decisions under Dutch administrative law. You can file an objection (bezwaar) within six weeks and, in urgent cases, ask the court for interim relief (voorlopige voorziening) (Articles 6:7 and 8:81 General Administrative Law Act). More on that route: a dispute with the Dutch NVWA.

Who pays for a recall in the supply chain?

Towards consumers, the economic operator responsible for the recall bears the cost of the remedy. Whether it can pass those costs on depends on the contracts in the chain and on Dutch contract and liability law.

A buyer that received a product that does not conform to the contract can claim damages from its seller (Article 7:17 and 6:74 Dutch Civil Code), provided it notified the seller within a reasonable time after it discovered, or ought reasonably to have discovered, the defect (Article 7:23). Death, personal injury and damage to other property intended and mainly used for private purposes, caused by a defective product, fall under product liability (Articles 6:185 and 6:190), discussed on our page on product liability in the Netherlands. A recall clause that states who decides, who notifies, who pays and how quickly information is shared usually saves more time than any argument afterwards.

Practical example: a Canadian appliance brand and its Dutch importer

Suppose a Canadian manufacturer sells electric kettles in the Netherlands through a Dutch importer. Customers report that the lid can open while the kettle boils. The importer has reason to believe the product is dangerous.

The importer informs the manufacturer, and both make sure the Dutch and Belgian authorities are notified through the Safety Business Gateway, because the batch was also sold in Belgium. Web shop customers are emailed directly; a Dutch-language notice headed “Product safety recall” goes on the website and in stores. Customers choose between a replacement and a refund, and return shipping is free. The supply agreement then decides who bears the costs, and whether the importer can recover them from the manufacturer.

When do you need a Dutch lawyer for a recall?

When you are unsure whether the product is dangerous, when the NVWA announces an order or a fine, when chain partners dispute who must act or pay, or when consumers or business customers claim damages.

MAAK Advocaten in Amsterdam advises manufacturers, importers and distributors on recalls and NVWA enforcement. We assess the notification duty, review the recall notice and the remedies, deal with the NVWA, file objections and act in disputes before the Dutch courts in first instance and on appeal. Martin Krüger is your contact for product regulation matters; see our product regulation attorney page and our overview of product compliance in the Netherlands.

Frequently asked questions about recalls under Dutch law

What is the difference between a withdrawal and a recall?

A withdrawal stops a product in the supply chain from being made available; a recall aims at the return of a product that has already reached consumers (Article 3(25) and (26) of Regulation (EU) 2023/988).

Within how many hours must I notify the NVWA?

The GPSR and Regulation 178/2002 set no number of hours. They require you to act and inform the authorities immediately once you have reason to believe the product is dangerous or unsafe (Article 9(8) GPSR; Article 19 Regulation 178/2002).

Does the GPSR apply to food recalls?

No. Food is excluded from the GPSR (Article 2(2)(b)). Food recalls follow Article 19 of Regulation (EC) No 178/2002, enforced in the Netherlands by the NVWA.

Can the NVWA force me to recall a product?

Yes. For dangerous consumer products the Minister can order a withdrawal or recall, and ignoring the order is a criminal offence (Article 32h Commodities Act). For food, Article 138 of Regulation (EU) 2017/625 allows the authorities to order a recall.

Must the recall notice be in Dutch?

Yes, for products sold in the Netherlands. A recall notice must be available in the language of each Member State where the product was made available and carry the headline “Product safety recall” (Article 36(2) GPSR).

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.