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Japan MHLW Updates the Product Safety Pledge for Recalled and Unsafe Products

Jan 02, 2024
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On December 25, 2023, the Act on Control of Household Products Containing Harmful Substances of the Ministry of Health, Labor and Welfare (MHLW) and the High-Pressure Gas Safety Act of the Ministry of Economy, Trade and Industry are included to the Japanese Product Safety Pledge which will come into effect on January 1, 2024. The Japanese Product Safety Pledge aims to protect the health of consumers.

Understanding of the Product Safety Pledge

Based on the "Communique on Product Safety Pledges" by the OECD and the increasing serious product incidents in the online market, Japan formulates its product safety pledge for consumer products in cooperation with related ministries and operators of online marketplaces, aiming to further protect consumers from the risk of harm to their lives and bodies posed by recalled products and unsafe products.

The Japanese Product Safety Pledge are voluntary efforts in public-private collaboration across the legal frameworks for product safety. The scope of businesses covered includes both B-to-C businesses, such as large online shopping malls and C-to-C businesses, such as online flea markets and online markets.

The Pledges are composed of three parts: Main text of the Pledges, which consists of 12 pledge items in total; Guidance for OM operators; and Guide for Personnel in Charge. The public and private sectors are expected to collaboratively execute the Pledges.

Scope of Products

The updated Product Safety Pledge includes the following products:

  • Products specified in the Fire Service Act:
    Fireproof articles, such as fireproof curtains, fire-resistant window shades, carpets, etc. (only for fire-resistant purpose);
    Fire detection devices including fire extinguishers, fire alarm system in residential area; and
    Mechanical equipment and devices, such as portable spray-type fire extinguishers.
  • Products specified in Act on Control of Household Products Containing Harmful Substances: Standards for household products containing harmful substances are established. For example, the content of formaldehyde is specified in fiber products like diapers and underwear. The content of trichloroethylene is specified in household spray products.
  • Products specified in the Consumer Product Safety Act: Specified products including baby cribs and kerosene stoves are required to have a PSC mark according to the Consumer Product Safety Act; Products including lithium-ion batteries (portable) and AC adapters are required to provide a PSE mark according to the Electrical Appliance and Material Safety Act; Gas products such as instant gas water heaters and gas stoves are required to provide PSTG mark according to the Gas Business Act; and Liquefied petroleum gas (LPG) appliances are required to provide a PSLPG mark according to the Liquefied Petroleum Gas Safety Ordinance.
  • Products specified in the High-Pressure Gas Safety Act: products such as diving cylinders and carbon dioxide cylinders are required to conduct necessary inspections and reports in accordance with the High Pressure Gas Safety Act.
  • Products specified in the Road Traffic Act: child safety seats and electric scooters.

Under the Japanese Product Safety Pledge, appropriate actions shall be taken against malicious sellers such as those who intentionally repeat selling recalled/unsafe products with the cooperation with regulatory authorities. E-commerce operators are required to remove recalled/unsafe product listings within two business days of receiving a take-down request from the regulatory authorities. The Japanese Product Safety Pledge also reflects the Japanese government remains committed to product safety and public health.

 

Further Information:

MHLW

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