According to Law 1480 of 2011 (the Consumer Protection Statute), products must be safe, durable, and fit for their normal purposes. Colombian regulation sets forth strict, joint and several liabilities for importers or manufacturers, retailers and marketers, for damages arising from the risk or defect of products or services.
DLA Piper Martínez Beltrán’s Consumer Protection practice has a broad experience providing legal counsel on product quality and safety to a wide range of clients that develop activities, among others, in the food and beverage, automotive, pharmaceutical distribution and household goods sectors, at all levels of the supply chain. We offer strategic advice to guarantee products are compliant with local regulation, encompassing a full range of issues, including e-commerce, advertising, product labelling, product withdrawal and recalls. Our assessment may cover intellectual property and technology issues or dispute resolution, if needed.
We offer full-service support on product liability compliance and defense, before and after products are marketed in Colombia. Our lawyers have deep experience advising on the requirements of national and regional regulatory authorities, including the implementation of directives in local markets and compliance with local regulation. Examples of specific regulation include regulation on batteries, toys, household appliances, shoes and textiles, among others.
Unless stated otherwise, products sold in Colombia come with automatic guarantees that they will be of acceptable quality and match the description made on packaging and labels, regardless of any other voluntary warranties that are offered by businesses. If a product or service fails to meet a consumer guarantee, consumers have the right to ask for a repair, replacement, or refund under the Consumer Protection Statute.
DLA Piper Martínez Beltrán offers legal representation to national and international companies in administrative investigations before the national consumer protection authority. Moreover, in cases where product failure results in personal injury or property loss, we defend litigation matters, playing a proactive role in defending them against liability claims.
We help our clients collect the necessary information to assess whether a recall is necessary. We have provided general compliance advice and strategic advice to companies faced with recalling products and regularly form part of clients' recall project teams during the operational process of product recall.
DLA Piper Martínez Beltrán is a trusted advisor to many Colombian companies in the food production and retail industries. We provide guidance on aspects ranging from compliance, labelling and marketing to enforcement proceedings. Moreover, we keep clients up-to-date and compliant with product safety regulations and policies, including from the National Institute for Medicine and Food Inspection (INVIMA).
Vehicle manufacturers and distributors face specific requirements, as a result of which they shall notify the Superintendency of Industry and Commerce if (i) they have marketed defective products in the Colombian market, or (ii) they have marketed defective products abroad, which have similar characteristics as those that have been marketed in the Colombian market. Moreover, there are stark requirements for recall proceedings in this sector, to avoid any potential injuries. DLA Piper Martínez Beltrán offers counsel to solve product liability challenges regarding the manufacturing, design and development, and marketing of vehicles in Colombia.