Withdrawing a product from the market after a legal metrology violation is an important step that businesses should take when their product fails to meet the mandatory packaging, labeling, or measurement standards. While it may feel confusing, this procedure is not just a legal obligation. It’s also about protecting consumer trust and maintaining your brand’s credibility. Whether the issue is a missing LMPC Certificate, an Incorrect net quantity, or incomplete label declarations, the Legal Metrology Department expects prompt and responsible action. In this blog, we have covered all the necessary aspects, so do check out.
What is a Product Withdrawal Due to Legal Metrology Violation?
A product withdrawal due to legal metrology violation means removing a product from the market because it does not meet the legal packaging, labelling, or measurement standard set under the Legal Metrology Act, 2009.
This typically happens when authorities find that a product has:
- Incorrect quantity declarations (e.g., underfilled packages or wrong weight/volume labels)
- Misleading information on the packaging
- Missing mandatory declarations like MRP, manufacturer details, net quantity, etc
- Improper LMPC registration at all for imported goods
When such non-compliance is identified, the manufacturer, importer, or seller may be legally required to stop selling the product and withdraw it from the market immediately to protect consumers and avoid further penalties.
When Is It Necessary To Withdraw a Product After A Legal Metrology Violation?
You should withdraw the product from the market after a legal metrology violation when it breaks the rules related to packaging, labelling, quantity, or registration.
- The product has the wrong weight, volume, or size printed on the label.
- Mandatory declarations like MRP, manufacturer name, net quantity, or date of packaging are missing or wrong.
- The product is imported but doesn’t have the LMPC registration.
- Authorities issue a notice or order for removal after inspection.
Who is Responsible For Withdrawing a Product After A Legal Metrology Violation?
The responsibility to withdraw a product after a Legal Metrology mainly lies with the manufacturer, importer, or brand owner. Whoever is listed as responsible on the product label. You can understand it as if your company is mentioned on the product packaging, then you are accountable for taking it off the shelves when there’s a compliance issue. This includes:
- Manufacturers – If the product was wrongly packed or labelled during production
- Importers – If the product was brought into India without LMPC registration or has incorrect declarations
- Brand Owners – If you sell products under your brand, even if other manufacturers make them
What Are The Legal Requirements For Product Withdrawal After A Legal Metrology Violation?
If your product has violated the Legal Metrology Act, then you are required to follow certain legal steps to correct the issue and stay compliant.
| S.No. | Requirement | Why It Matters |
|---|---|---|
| 1. | Identify Affected Products | You should clearly list which batch or SKU has the issue to avoid confusion |
| 2. | Inform Legal Metrology Authorities | Notify the relevant inspector or controller in your state about the violation |
| 3. | Withdraw the Product From All Marketplaces | Take the product off the shelves, e-commerce platforms, and from distributors |
| 4. | Document the Withdrawal Process | Keep proof of notices sent, product returned, and disposal details if needed |
| 5. | Rectify And Repackage | If allowed, correct the issue and relaunch with compliance |
| 6. | Prevent Recurrence | You may be required to audit your processes and submit a corrective action plan |
What is the Step by Step Process To Withdraw a Product After A Legal Metrology Violation?
Withdrawing a product after a legal metrology violation needs to be done carefully and officially.
- Identify the issue – Check what the violation is, if it’s a wrong label, missing LMPC number, incorrect weight, etc.
- Stop Distribution Immediately– Halt all further supply and sales of the faulty product, online and offline.
- Notify Legal Metrology Authorities – Inform the controller or inspector in your region about the issue and your plan to withdraw the product.
- Inform Retailers and Distributors – Send official communication to your dealers, platforms, or sellers asking them to stop selling the product.
- Collect Product From the Market – Remove the product from stores, godowns, warehouses, and e-commerce platforms.
- Document the Entire Process – the records of everything, email, withdrawal memos, returned inventory, etc. This can protect you during audits or legal checks.
- Fix the Violation – Correct the issue, whether it’s packaging, labeling, or declaration, and prepare for fresh distribution.
- Submit a Compliance Report – Some state LM offices may asl for a detailed report on what was done to address the issue.
What Documents Are Required To Withdraw a Product After A Legal Metrology Violation?
Withdrawing a product after a legal metrology violation is not just about removing it from shelves; you should maintain proper documentation to show accountability and compliance.
- Notice of Violation or Show Cause Notice
Internal Investigatoion Report - Product Withdrawal Plan
- Communication to Distributors, Retailers, and Sellers
- Market Withdrawal/Recall Memo
- Inventory Records
- Collection and Return Receipts
- Corrective Action Report
- Disposal Records
- Compliance Report to Legal Metrology Department
How To Notify Authorities About Product Withdrawl Due To Legal Metrology Violation?
If your product violates any legal metrology rules and you make the decision to withdraw it from the market, it is important the legal metrology department officially.
- Prepare a Written Notification – Draft a letter addressed to the Controller of your state, also mention the reason for withdrawal, and mention the product name, batch number, and affected quantity.
- Attach all the supporting documents. Please refer to the list of documents mentioned below.
- Submit The Letter To The Legal Metrology Office – Now, visit the courier the letter and documents to the state legal metrology office.
- Acknowledge and Cooperate – Keep a copy of the acknowledgement receipt or email confirmation, and be ready to provide additional information if the department asks.
What Are the Penalties For Failing to Withdraw Product After a Legal Metrology Violation?
Check the table to know the penalties for failing to withdraw the product after a legal metrology violation:
| S.No. | Penalty Type | Description |
|---|---|---|
| 1. | Monetary Fine | Ranges from Rs. 25,000 to Rs. 1,00,000 or more based on the nature of the violation |
| 2. | Seizure of Goods | Non-compliant products can be seized by Legal Metrology Officers. |
| 3. | License Suspension/Cancellation | LMPC certificate or importer license can be suspended or cancelled. |
| 4. | Legal Prosecution | Legal action may be taken against the company, owners, or responsible person |
| 5. | Reputational Damage | Market should be lost due to failure in compliance and delayed corrective action |
How Can ELT Corporate Help In Product Withdrawal And Legal Metrology Compliance?
ELT Corporate makes the entire product withdrawal and compliance process easy, fast, and stress-free. If you faced a legal metrology violation, our expert team helps you take the right corrective steps without delay.
- Quick Evaluation
- Drafting and Filing
- Communication Support
- Compliance Planning
- Post Withdrawal Help
- PAN India Services
Need help now? Directly call us at 989199802, or you can also email us at info@legalmetrologyindia.com. We, as the best regulatory consultancy, are here to protect your brand and keep your business compliant.
Is It Mandatory to Inform the Legal Metrology Department About Product Withdrawal?
Yes, you should notify the concerned authority in writing and submit all necessary documents to avoid legal consequences.
Can A Product Be Relaunched After Correcting the Violation?
Yes, after fixing the packaging or labelling issue and ensuring compliance, the product can be repackaged and relaunched.
