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    The Rationale Behind the Takata Safety Campaign Promoted by the Superintendence of Industry and Commerce – The Consumer Statute, the Duty to Inform, and Liability for Damages in a Defective Product.
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    The Rationale Behind the Takata Safety Campaign Promoted by the Superintendence of Industry and Commerce – The Consumer Statute, the Duty to Inform, and Liability for Damages in a Defective Product.

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    In accordance with Law 1480 of 2011 or the Consumer Statute; When a member of the production, distribution, and commercialization chain becomes aware that at least one product manufactured,...

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    In accordance with Law 1480 of 2011 or the Consumer Statute; When a member of the production, distribution, and commercialization chain becomes aware that at least one product manufactured, imported, or marketed by them has a defect that has caused or may cause an adverse event threatening the health, life, or safety of individuals, they shall take corrective measures regarding products not yet dispatched and those already placed in circulation, and shall report the fact within three (3) calendar days following to the authority designated by the National Government.

    In line with this regulation, in the early days of June, the Superintendence of Industry and Commerce, in alliance with the National Federation of Merchants FENALCO, the Colombian Association of Automotive Vehicles ANDEMOS, and the various vehicle manufacturers, have intensified a preventive campaign for the replacement of airbags from the manufacturer TAKATA, since said manufacturer has determined that certain inflators of the driver's frontal airbag PSDI-5 that use calcium sulfate as a desiccant may rupture due to degradation caused by prolonged exposure to humidity, high temperatures, or temperature changes. This can cause the airbag to explode when deployed, causing serious injuries or even death to the vehicle's driver.

    The preventive safety campaign in Colombia began in 2013 when the Japanese manufacturer announced the problems presented by the airbags and has aimed to replace TAKATA brand airbags in more than 155,000 vehicles, free of charge. Over these years, defective airbags have been replaced free of charge in more than 49,000 vehicles, but to date, the replacement still needs to be done in 106,000 vehicles.

    June 7, 2018