Product Recall After Importation into Turkey: Liability of Importer and Foreign Manufacturer – 2026 Legal Guide

Product Recall Turkey | Importer and Foreign Manufacturer Liability

Learn who is liable when an imported product must be recalled in Turkey, including importer duties, foreign manufacturer risks, TAREKS, fines, consumer claims and legal remedies.

A product recall after importation into Turkey can create substantial legal, financial and reputational risks for both the Turkish importer and the foreign manufacturer.

The consequences may include withdrawal from retailers, consumer notifications, replacement or refund costs, customs measures, administrative fines, public listing on an unsafe-product portal, civil compensation claims and, in serious cases, criminal investigation.

Importers and foreign manufacturers should not wait until a mandatory recall order is issued. A structured response should begin as soon as a safety concern, laboratory failure, authority notification or serious consumer complaint is identified.

What Is a Product Recall in Turkey?

A recall is a measure intended to bring an unsafe product back from consumers or end users. It is different from a market withdrawal.

The Turkish Ministry of Trade explains that:

• A recall seeks to return products from consumers or final users to the economic operator;
• A withdrawal removes products from the supply chain before they reach consumers or final users.

The Ministry also states that products that fail mandatory technical requirements cannot be placed on or kept on the market until the non-compliance is remedied. Its official Law No. 7223 FAQ explains the recall and withdrawal framework.

When Can a Recall Be Required?

A recall may be required when:

• The product creates a health or safety risk;
• A mandatory technical regulation has been breached;
• A laboratory test produces a negative result;
• The product lacks required safety information;
• CE or conformity documentation is invalid;
• A product contains prohibited or excessive chemicals;
• A design or manufacturing defect is discovered;
• A serious incident or injury is reported;
• The product cannot be traced;
• The manufacturer or importer cannot prove compliance.

A product does not need to have caused an injury before a recall can be ordered. Authorities may act preventively where the risk is sufficiently serious or the product cannot be shown to be safe.

Import Control and Market Surveillance

Import Control

Import control normally takes place before customs release. TAREKS or another competent authority may examine:

• Technical files;
• Product declarations;
• Test reports;
• Labels;
• Samples;
• CE documentation;
• Manufacturer and importer details;
• Product classification.

A negative import-control result may prevent entry into free circulation and may lead to correction, re-export or destruction.

Market Surveillance

Market surveillance takes place after products have been placed on the Turkish market. Authorities may inspect:

• Retailers;
• Warehouses;
• Distributors;
• Online marketplaces;
• Factories;
• Consumer locations.

A product that passed import control can still be recalled after a later inspection or complaint.

The official GÜBİS portal publishes certain unsafe-product decisions and measures, including sale prohibitions and collection from the market.

Who Is Responsible for a Recall?

Responsibility is usually assessed according to the role of each economic operator and the cause of the safety problem.

Foreign Manufacturer

The foreign manufacturer may be responsible for:

• Product design;
• Manufacturing defects;
• Incomplete conformity assessment;
• Invalid technical documentation;
• Defective components;
• Inadequate warnings;
• Failure to investigate known risks;
• Failure to provide corrective instructions;
• Failure to cooperate with Turkish authorities.

A foreign manufacturer may remain exposed even when the product was imported and sold by an independent Turkish company.

Turkish Importer

The importer may be responsible for:

• Verifying the manufacturer’s compliance documents;
• Ensuring that required documents accompany the product;
• Checking Turkish labels and instructions;
• Keeping traceability records;
• Cooperating with market-surveillance authorities;
• Stopping distribution;
• Organizing withdrawal or recall;
• Notifying customers and distributors;
• Preserving evidence.

The importer is not necessarily protected by arguing that the supplier prepared the defective product. Regulatory duties may apply independently of the importer’s contractual arrangements.

Distributor and Retailer

Distributors and retailers may also have duties to:

• Avoid supplying products they know or should know are unsafe;
• Keep distribution records;
• Stop sales;
• Notify the importer or authority;
• Support collection and recall;
• Preserve customer information.

What Should the Company Do After Receiving a Recall Notice?

1. Confirm the Scope of the Decision

Identify:

• Product name;
• Brand;
• Model;
• Serial or batch number;
• Quantity;
• Import date;
• Distribution channels;
• Authority and decision number;
• Legal basis;
• Required corrective action.

Do not assume that a decision about one batch automatically covers every product manufactured by the same company.

2. Stop Further Distribution

Where there is a credible risk, the importer and distributor should place affected units on hold. A temporary sales stop is not necessarily an admission of liability.

3. Preserve Samples and Records

Keep:

• Product samples;
• Packaging;
• Labels;
• Technical files;
• Test reports;
• Customer complaints;
• Shipment records;
• Warehouse records;
• Sales invoices;
• Serial-number lists;
• Authority correspondence.

4. Notify the Insurer and Contract Partners

Product-liability and recall policies may contain strict notification requirements. Supply, distribution and warranty contracts may also require immediate notice.

5. Form a Recall Team

The team should include legal, technical, quality, logistics, communications and customer-service personnel. The foreign manufacturer, importer and distributor should use consistent information.

Voluntary Recall and Mandatory Recall

Voluntary Recall

A voluntary recall may be initiated by the manufacturer or importer after identifying a potential risk. It can include:

• Consumer notification;
• Return arrangements;
• Repair;
• Replacement;
• Refund;
• Safety warnings;
• Distributor instructions;
• Public announcements.

A voluntary recall may demonstrate responsible conduct, but all notices should be legally and technically reviewed. Avoid making statements that go beyond the confirmed facts.

Mandatory Recall

A mandatory recall is ordered by the competent authority. The company may be required to:

• Contact consumers;
• Publish a recall notice;
• Stop sales;
• Collect affected products;
• Offer repair, replacement or refund;
• Submit progress reports;
• Provide distribution data;
• Prove completion of the recall;
• Dispose of unsafe products lawfully.

Ignoring a mandatory recall can result in further fines, enforcement measures and increased civil liability.

What Information Must a Recall Notice Include?

A clear recall notice should normally identify:

• Brand and product name;
• Model and batch numbers;
• Product photographs;
• Risk description;
• Date range of sale;
• Consumer instructions;
• Return or repair method;
• Refund or replacement option;
• Contact details;
• Relevant authority information;
• Instructions for distributors and retailers.

The notice should be understandable to consumers and sufficiently precise to prevent unaffected products from being unnecessarily returned.

Can the Recall Decision Be Challenged?

Yes. A formal recall, withdrawal, sale prohibition or administrative penalty may be challenged where there are technical, procedural or legal defects.

Potential grounds include:

• Wrong product or batch was identified;
• The sample was not representative;
• Laboratory methodology was defective;
• The wrong standard was applied;
• The technical file was ignored;
• The risk assessment was unsupported;
• The authority failed to investigate relevant evidence;
• The decision lacks adequate reasoning;
• The notification was defective;
• The measure is disproportionate;
• A less restrictive corrective measure was available.

The company should request access to the administrative file, including sampling documents, laboratory records, photographs, test conditions and internal correspondence where legally available.

Can the Manufacturer Request a Retest?

A second analysis or technical reassessment may be available depending on the product-specific rules.

The request should examine:

• Sample identity;
• Chain of custody;
• Laboratory accreditation;
• Test method;
• Testing standard;
• Product version;
• Sample condition;
• Whether the result applies to the entire batch.

An independent accredited laboratory report or expert opinion may support the request. It does not automatically cancel the official finding, but it may justify reassessment or judicial interim relief.

The request should be submitted before the product is destroyed, re-exported or irreversibly altered.

Can the Company Correct the Product Instead of Recalling It?

Sometimes. Corrective action may include:

• Repairing a defective component;
• Updating software;
• Adding safety warnings;
• Replacing labels;
• Supplying missing instructions;
• Replacing affected units;
• Separating non-compliant batches;
• Re-testing the product;
• Updating the technical file.

Correction is not appropriate where the risk cannot be reliably eliminated or where the authority has ordered a recall. The proposed action should be submitted to the competent authority and documented carefully.

Customs Consequences After Importation

If the unsafe product remains under customs control, authorities may:

• Prevent release;
• Require additional testing;
• Require correction;
• Permit re-export;
• Order destruction;
• Impose a customs penalty;
• Refer the matter to another authority.

If the product has already entered free circulation, customs measures may be accompanied by market-surveillance action and consumer recall.

An A.TR certificate, origin document or payment of customs duty does not replace product-safety requirements.

Administrative Fines and Public Disclosure

A product-safety breach may lead to administrative fines. The amount and type of sanction depend on the product, risk, conduct, economic benefit and applicable legislation.

The product may also be published on an official unsafe-product portal. The Ministry explains that GÜBİS notices concern the specific product identified in the notice and do not automatically establish that all products of the manufacturer are unsafe.

Public disclosure can nevertheless affect:

• Brand reputation;
• Distributor relationships;
• Future customs risk scoring;
• Customer confidence;
• Insurance costs;
• Business tenders;
• Regulatory scrutiny.

Consumer and Commercial Claims

Consumers may seek compensation for:

• Personal injury;
• Property damage;
• Replacement costs;
• Medical expenses;
• Consequential loss;
• Other legally recognized damage.

Business customers may claim:

• Contractual penalties;
• Production interruption;
• Replacement procurement;
• Lost sales;
• Warranty expenses;
• Recall-related costs.

The foreign manufacturer and importer should review:

• Sales contracts;
• Warranty terms;
• Indemnities;
• Insurance policies;
• Distribution agreements;
• Limitation-of-liability clauses;
• Choice-of-law provisions;
• Jurisdiction clauses.

Contractual allocation of costs does not automatically prevent public enforcement or consumer claims.

Criminal and Director Liability Risks

Intentional falsification, obstruction of an inspection or knowingly placing a dangerous product on the market may create criminal exposure.

Directors and managers may face personal investigation where there is evidence of:

• Deliberate concealment;
• False documentation;
• Repeated failure to act;
• Destruction of evidence;
• Obstruction of authorities;
• Serious negligence linked to the unsafe product.

Companies should preserve records, avoid speculative admissions and obtain legal advice before signing authority undertakings or making public statements.

Legal Remedies for Importers and Foreign Manufacturers

Administrative Reassessment

Submit technical evidence, corrected documents and a corrective-action plan to request review.

Objection to a Customs Debt or Penalty

A customs debt or penalty may generally be challenged within 15 days under Article 242 of Customs Law No. 4458, calculated from lawful notification.

Administrative Court Action

A formal recall, withdrawal, sale prohibition or penalty may be challenged before the competent administrative court. Many administrative actions have a 60-day period, but the notification and product-specific rules must be checked.

Suspension of Execution

Where enforcement appears unlawful and causes serious, difficult-to-repair harm, the company may request suspension of execution. Evidence may include:

• Destruction of high-value stock;
• Nationwide recall costs;
• Production shutdown;
• Loss of major customers;
• Irrecoverable seasonal sales;
• Immediate reputational damage.

Compensation Claims

Compensation may be considered where unlawful administrative conduct caused proven financial loss. Claims against suppliers, laboratories, carriers or distributors may also be available.

2026 Recall Compliance Priorities

The Ministry’s current market-surveillance materials list Law No. 7223 and related implementing regulations as core sources. The official market-surveillance legislation page should be checked with the product-specific rules in force on the relevant date.

For 2026, foreign manufacturers should prioritize:

• Product traceability;
• Digital technical files;
• Valid conformity documents;
• Turkish labels and instructions;
• Distributor monitoring;
• Online-marketplace controls;
• Complaint escalation;
• Recall simulations;
• Incident reporting;
• Insurance notification procedures;
• Written corrective-action records;
• Rapid response to TAREKS and market-surveillance notices.

Practical Recall Checklist

1. Obtain the official decision and laboratory file.
2. Identify the product, model and affected batch.
3. Stop distribution where necessary.
4. Preserve samples and technical evidence.
5. Notify the manufacturer, importer, distributor and insurer.
6. Map all products sold in Turkey.
7. Assess retest and reassessment rights.
8. Prepare a corrective-action or recall plan.
9. Notify consumers and business customers appropriately.
10. Review customs penalties and objection deadlines.
11. Consider administrative court proceedings.
12. Request suspension of execution if urgent.
13. Track recalled units and disposal.
14. Preserve evidence of all recall expenses.
15. Review contracts for indemnity and contribution claims.

Frequently Asked Questions (FAQ)

1. Who is liable for a product recall in Turkey?
Liability depends on the cause of the risk and the role of each economic operator. The foreign manufacturer, importer, distributor or retailer may each have separate duties.

2. Is a recall mandatory for every unsafe product?
Not necessarily. The authority may require correction, withdrawal, repair, replacement or recall depending on the level of risk and the applicable rules.

3. Can a foreign manufacturer be sued by Turkish consumers?
Potentially. Consumer claims may arise when an unsafe product causes injury, property damage or another legally recognized loss.

4. Can the importer avoid liability by blaming the foreign supplier?
Not automatically. Importers may have independent duties to verify documentation, trace products and cooperate with authorities.

5. Can a recall order be challenged?
Yes. A formal measure may be challenged through administrative review, technical reassessment, objection or administrative court proceedings.

6. Can the company request a retest?
A second analysis may be available under product-specific procedures. The request should address sampling, laboratory competence and test methodology.

7. What happens to goods still held at customs?
They may be detained, corrected, re-exported or destroyed depending on the authority’s decision and whether the product can lawfully be made compliant.

8. Is a CE certificate a defense against recall?
No. CE documentation may support conformity, but it does not prevent later market surveillance, testing or recall where a safety risk is identified.

9. What is the customs penalty objection deadline?
A customs debt or penalty objection generally has a 15-day period under Article 242 of Customs Law No. 4458 from lawful notification.

10. Can recall expenses be recovered from the supplier?
Possibly. Supply, distribution, warranty and insurance contracts may provide contribution or indemnity rights, subject to their wording and governing law.

This article is intended for general informational purposes only. To avoid any loss of rights, we recommend consulting your lawyer regarding your specific circumstances.

Legal Support – Contact Our Product Recall and Customs Lawyers

Fırat Fesih Kaya Law Office assists foreign manufacturers, importers and distributors with product recalls, unsafe-product declarations, TAREKS procedures, market surveillance, retesting, administrative penalties and compensation claims.

Lawyer Fırat Fesih Kaya provides professional legal support throughout Turkey and in cross-border product-liability disputes.

Phone: +90 312 434 22 22
Mobile / WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
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