JAPAN Trends and Developments Contributed by: Masanobu Hara and Masashi Kobayashi, TMI Associates
The safety of products manufactured overseas is closely monitored The safety of overseas products is being close - ly monitored, as exemplified by a notification (October 2017) that the law applies to overseas business operators selling products in Japan via the internet. With regard to overseas business operators, the following points apply. • The distribution of products (including by overseas business operators) in Japan is sub - ject to the Product Safety-Related Laws. • The Japanese government will provide infor - mation on alert overseas business opera - tors who have conducted, or are deemed to intend to conduct, acts that contravene the Product Safety-Related Laws. In addition, the government will provide consumers in Japan with information, including websites pertain - ing to concerns about overseas business operators, as necessary. • Furthermore, due to an increase in acci - dents involving foreign products purchased at online marketplaces, in June 2024, the Product Safety-Related Laws were amended (effective date: 25 December 2025), and the METI will be able to require overseas busi - ness operators to appoint “domestic man- ager” who will be responsible in Japan. The domestic manager must have a residence in Japan, the ability to communicate in Japa - nese, etc (Article 15-2 of the Ordinance on Technical Standards for Specified Prod - ucts under the Jurisdiction of the METI). By appointing a domestic manager, the METI will be able to request a product recall (collection or free replacement) through said manager if there is a violation of the amended laws.
• regularly consult regulatory authorities’ web - sites, and other relevant websites, for infor- mation on recalled/unsafe products, and take appropriate actions on any such products once they are identified; • remove requested recalled/unsafe product listings within two business days of receiv - ing a take-down request from the regulatory authorities, and inform the regulatory authori - ties of the action that has been taken and of any relevant outcomes; and • co-operate with regulatory authorities and sellers to inform consumers about actions taken by concerned business operators and regulatory authorities related to recalled/ unsafe products. Through these efforts, it is expected that safe products will be sold at online marketplaces operated by operators that have signed the Pledge, and consumer safety will thus be fur - ther improved. Since the Pledge was published in June 2023, the number of operators of malls that have signed it, and the products it covers, have been gradually increasing year by year, and it is expected that consumer protection will improve. Furthermore, in June 2024, the Product Safety- Related Laws were amended (effective date: 25 December 2025), and if a consumer product offered on online marketplaces or internet auc - tion sites is deemed to pose a risk to domes - tic consumers and the seller of the product is unlikely to take necessary measures such as a recall, etc, the regulatory authorities may request the mall operators or auction site operators to remove the product from its listing.
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