Where does product responsibility lie?
A recent case investigated by VLS has highlighted where responsibility for the claims made on a product sit.
The case complaint concerned a number of performance claims made against OEM specifications which were categorised as approvals on a third party website. These performance claims were supported by the manufacturer only as marketing claims and not formal OEM approvals.
In other words the manufacturer of the product supported the claims as, in their view, the product met the requirements of the OEM specifications listed, rather than the OEM having granted a set of approvals on the product.
When a distributor or retailer makes performance claims for a product against OEM specifications, they take responsibility for those claims even when their
name is not on the product pack. Under English law, retailers carry responsibility for the product and warrant the product’s physical properties and performance attributes over any claims made with the end user to whom they sell.
A retailer might try and use the defence that responsibility for the product does not lie with them as their name isn’t on the pack. In reality when they bought the product from the manufacturer at a lower price than that which they sell it at, they take on responsibility for that product with the end user or customer. This includes product quality and performance claims made.
In this case the distributor amended the claims on the website to recommendations from formal approvals, thereby falling into line with those supported by the manufacturer.
As an independent body, VLS protects you by verifying the claims made on lubricants.
This means you can be assured that the engine oils used in your customers’ vehicles can meet the claims being made.
www.ukla-vls.org.uk
Protecting you and your customers
If you have any concerns about a lubricant product, report them to us on 01442 875922 or
admin@ukla-vls.org.uk
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