Product recalls and counterfeit goods in Spain

Terms used

• Ordenanza — The ordenanza is a local rule set by a town hall, which can include fines for buying from unauthorised street sellers.
• AESAN — AESAN is Spain's food safety agency, which publishes food alerts and recalls.
• AEMPS — AEMPS is Spain's medicines agency, which publishes alerts and recalls for medicines and medical devices.
• DGT — The DGT is Spain's traffic authority, one of the places to check for vehicle recalls.

Key rules

• Recall remedy: A recalled product must be repaired, replaced or refunded at no cost to you, and you choose when more than one option exists.
• Recall costs: The trader pays for the recall, so you should not pay for return or repair.
• Buying fakes: Buying a counterfeit for your own use is not a crime, but some towns fine buyers from street vendors.
• Where to look: Alerts are split by product type: Safety Gate, Consumo, AESAN, AEMPS, and DGT or the Ministry of Industry for vehicles.

Where to find official recall alerts

There is no single recall site. Which one you check depends on the product:

• Dangerous non-food products: the EU Safety Gate, the EU's rapid alert system.
• General consumer products: the alerts from the Ministry of Consumer Affairs (Consumo) and its alert network.
• Food: AESAN, the food safety agency.
• Medicines and medical devices: AEMPS, the medicines agency.
• Vehicles: the traffic authority (DGT) and the Ministry of Industry. Manufacturers also publish their own campaigns on their sites.

Web addresses change, so search for the body's name to reach its current page. The checklist below lists the same places in short form.

What a recall entitles you to

If you own a recalled product, the trader must give you a remedy that costs you nothing. Since 13 December 2024, an EU-wide product safety regulation sets this out. The remedy is normally a repair, a replacement or a refund. When more than one is available, you choose.

The trader must carry out the recall at its own cost. You should not pay for return, postage or repair.

Traders must also contact affected buyers directly where they can, for example through customer records. Do not wait for a message. If you hear about a recall, stop using the product and contact the seller.

A recall can also support a normal legal guarantee claim against the seller. If a dangerous product injures you or damages your property, you may have a separate claim for product liability.

The exact remedy depends on the recall notice, and practice varies by company and product. Read the notice for your product.

Is buying a counterfeit sanctionable?

Buying a fake for your own use is not a crime in Spain. The criminal rules target sellers and distributors, not the person who buys.

Some towns do fine buyers, though. Several cities have fined people who buy from unauthorised street vendors (the "top manta"). Fines can reach several hundred euros. Rules differ by town, and some towns do not fine buyers at all. Check your town hall's local rules (ordenanza) before buying from a street vendor.

Customs can still seize counterfeits you bring across the border. Buying from a street vendor in a tourist area carries more risk than buying online.

The warnings and FAQ below cover these points in more detail.

Checklist

• Check the EU Safety Gate for dangerous non-food products.

• Check the Ministry of Consumer Affairs (Consumo) alerts for general consumer products.

• Check the food safety agency (AESAN) for food alerts and recalls.

• Check the medicines agency (AEMPS) for medicines and medical device alerts.

• Check the traffic authority (DGT) or the Ministry of Industry, or the manufacturer's site, for vehicle recalls.

• Ask the trader for a free repair, replacement or refund if your product is recalled, and choose the one you prefer when several are offered.

• Refuse to pay for return or repair costs on a recalled product, because the trader must cover them.

• Ask your town hall whether it fines buyers from street vendors before you buy from one.

What to watch out for

• Using a recalled product: A recalled product can be dangerous, and the trader may not know how to reach you. Stop using it and check the official alert portals for food, medicines, vehicles and other products. Then ask the trader for a free remedy.

• Paying for a recall remedy: Some companies may ask you to pay for return or repair, but a recall must be at the trader's cost. Say the remedy must be free. If the trader refuses, you can also claim under the ordinary legal guarantee against the seller.

• Street-vendor fines: Buying a fake is not a crime, but some cities fine buyers from street vendors, with fines of up to several hundred euros. Avoid unauthorised street sales, especially in tourist areas, and ask your town hall about its rules.

• Counterfeits at the border: Customs can seize counterfeit goods at the border. Buy from authorised sellers and keep proof of purchase.

Frequently asked questions

Can I be fined for buying a counterfeit for my own use in Spain?

Buying a counterfeit for personal use is not a crime in Spain, but some cities can fine you if you buy from a street vendor. Barcelona, Madrid, Palma and Salou are among those that have fined buyers, with fines of up to several hundred euros. Other cities do not fine buyers, so ask your town hall about its local rules (ordenanza).

Can customs take counterfeit goods I bring into Spain?

Yes, Spanish customs can seize counterfeits at the border even when they are for personal use. The rules that punish selling fakes target sellers and distributors, not you as a buyer. Buying online carries less street-fine risk than buying from a vendor in a tourist area, but a parcel can still be stopped.

Can I choose between repair, replacement and refund when a product is recalled?

Yes, you can choose between repair, replacement and refund when more than one is on offer for the recalled product. The remedy must be free for you, including return and repair costs. The exact remedy depends on the recall notice, so read it before you contact the trader.

Will the shop contact me if a product I bought is recalled?

Yes, the trader must tell affected buyers directly where it can, for example through its customer records. Do not rely on that alone, because it may not have your details. Check the official alert portals yourself if you bought something online or from a market stall.