Key Industry Perspective (KIP)
Handling Consumer Complaints

The issue

Foodservice operators and distributors are increasingly taking responsibility for handling consumer complaints and charging manufacturers for the facility.

However, manufacturers need to maintain their responsibility for handling these complaints, to ensure that they stay in close contact with their consuming public and continue to get consumer feedback on their products.

In drawing up this statement it is acknowledged that established systems in respect of some private label products already exist between customers and distributors and their suppliers. This statement is not intended to cut across these arrangements.

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What is the responsibility of the manufacturer?

All manufacturers of food and drink products, either branded or private label, have a clear responsibility to provide products that are safe and of the nature, substance and quality expected by the consumer.

To fulfil this responsibility, manufacturers need to stay in very close contact with their consuming public.

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Why should complaints be dealt directly by the manufacturer?

Any product faults need to be communicated to the manufacturer without delay so that the faults can be quickly analysed and remedied.

Manufacturers have their own consumer services departments which are well placed to deal with all complaints referred to them by their trade partners or direct by consumers. These departments have developed an expertise in investigating all such matters promptly and efficiently. This not only helps manufacturers maintain very good relations with their trade partners and consumers, but also operates as an integral part of manufacturers' quality control systems.

To use the due diligence provisions of the Food Safety Act it may be necessary for manufacturers to have full information about each consumer complaint i.e. name and address of complainant, precise nature of complaint and batch code. Such information should be passed to the manufacturer as quickly and directly as possible. This will assist manufacturers establish the cause of the problem, to redress it and to identify if the complaint is genuine or one which has been made by a “professional” complainant.

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What is the out of home group's perspective on this?

It is important for manufacturers to deal with consumer complaints themselves, and is this group's policy to do so. However, there is a recognised requirement that manufacturers keep their trade partners fully involved and informed as appropriate.

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NOTE: Guidance on how the leading supermarkets should deal with consumer complaints is set out in the OFT Retailer Code of Practice: Part 5 - Consumer Complaints. This best practice would seem to be relevant for all circumstances.

Extract from the OFT Retailer Code of Practice

PART 5 - CONSUMER COMPLAINTS

No unjustified Payment for consumer complaints

19 Subject to clause [2 l] below, where any consumer complaint can be resolved in store by a Supermarket refunding the retail price or replacing the relevant product, that Supermarket shall not directly or indirectly require a Supplier to make any Payment for resolving such a complaint unless:

(a) the Payment does not exceed the retail price of the product charged by that Supermarket;

(b) that Supermarket is satisfied on reasonable grounds that the consumer complaint is justifiable and attributable to a failing on the part of that Supplier; and

(c) that Supermarket gives notice to that Supplier of such complaint.

20 Subject to clause [21] below, where any consumer complaint cannot be resolved in store by a Supermarket refunding the retail price or replacing the relevant product, that Supermarket shall not directly or indirectly require a Supplier to make any Payment for resolving such a complaint unless:

(a) the Payment is reasonably related to that Supermarket's costs arising from that complaint;

(b) that Supermarket has verified that the consumer complaint is justifiable and attributable to a failing on the part of that Supplier; and

(c) a full report about the complaint (including the basis of the attribution) has been made by that Supermarket to that Supplier.

21 A Supermarket may agree with a Supplier an average figure for Payments for resolving such complaints as an alternative to accounting for complaints individually.

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