Producer's Liability for Expired Products: Theoretical and Legal Analysis

Abstract

One of the consumer rights guaranteed in the laws and regulations is the right to obtain safe and healthy products and the right to obtain an expiration date. The right to obtain information in the form of an expiration date is closely related to product safety. Through this information, consumers can find out whether a product is still suitable or not. If consumers do not obtain information in the form of an expiration date for a product, then in this case the consumer is greatly disadvantaged and the obligation for the producer to be responsible arises. About this, this study aims to examine and analyse the concept of product liability and producer liability due to expired products. This research is a legal research using a statutory and conceptual approach, while the legal materials used in this research are primary legal materials and secondary legal materials. The results of this study indicate that product liability arises due to defects in the product that can harm consumers, so that producer are obliged to provide compensation. One form of such defect is an expired product, which is not suitable for consumption. In this case, the manufacturer is responsible for providing compensation for any losses received by consumers due to defective products, including expired products.