Yifan Tang is a product liability and regulatory compliance attorney at Jinchang Hexie Law Firm, with 11 years of experience advising manufacturers and importers on product recall procedures and obligations under Chinese law. His practice serves both domestic enterprises and foreign-invested companies producing goods for the Chinese market.

Mr. Tang graduated from Renmin University of China Law School and has completed specialized training in China's product recall regulatory framework at the China National Institute of Standardization. He regularly advises clients on recall planning, regulatory reporting, and consumer notification strategies.

⚖️ Product Recall Practice

• ⚖️ Mandatory recall compliance — reporting obligations under Product Quality Law
• 🛡️ Voluntary recall planning — recall plans, consumer notification, corrective actions
• 📜 Regulatory investigations — SAMR inquiries, inspection responses
• 💼 Cross-border recall coordination — aligning Chinese recall requirements with global programs

Product Recall Law in China

China's product recall system is governed primarily by the Product Quality Law, the Consumer Rights Protection Law, and product-specific recall regulations administered by the State Administration for Market Regulation (SAMR). The Regulations on the Recall of Defective Automobile Products (effective 2013) and the Measures for the Administration of Recall of Food and Cosmetics are among the most developed sectoral recall frameworks.

Under Article 33 of the Consumer Rights Protection Law, a manufacturer that discovers its product has a defect that may cause harm to consumers must immediately report to SAMR and initiate a recall. Failure to do so can result in administrative penalties, including fines of up to RMB 500,000, public notification of the violation, and potential civil liability for any harm caused by the defect.

Article 46 of the Product Quality Law establishes strict liability for defective products: the manufacturer bears liability regardless of fault. Once a product is proven defective, the manufacturer is liable for resulting damages. This places a heavy burden on manufacturers to monitor product safety proactively.

Recall Procedures

Product recall procedures in China follow a structured framework. Upon discovering a defect, the manufacturer must submit a defect investigation report to SAMR within seven days, followed by a recall plan within 15 days. The recall plan must specify the scope of the recall, the corrective action, and the method of notifying consumers.

Communication with consumers must be conducted through publicly accessible channels, typically including newspaper announcements, website postings, and direct notification where contact information is available. Under the Regulations on the Recall of Defective Automobile Products, manufacturers must establish a complaint database and report consumer complaints to SAMR quarterly.

Mr. Tang advises foreign manufacturers to establish a China-specific recall protocol that addresses the unique requirements of Chinese regulators. Key elements include appointing a China-based recall coordinator, maintaining a Chinese-language consumer complaint system, and pre-positioning legal counsel familiar with SAMR procedures. Proactive compliance significantly reduces the risk of escalated penalties and reputational harm.