Introduction
Product liability in Turkish international trade is a critical legal issue for manufacturers, exporters, importers, distributors, retailers, e-commerce platforms, brand owners, logistics operators and foreign companies placing goods on the Turkish market. In modern trade, a product dispute is rarely limited to a simple buyer-seller disagreement. A defective or unsafe product may lead to consumer claims, commercial compensation lawsuits, recall obligations, administrative fines, customs delays, loss of market access, reputational damage and contractual disputes between suppliers, importers and distributors.
Turkey is an important international trade jurisdiction due to its Customs Union relationship with the European Union, developed manufacturing capacity, strategic logistics position and active import-export market. Goods imported into Turkey may include machinery, medical devices, electrical equipment, toys, personal protective equipment, construction products, chemicals, food products, automotive parts, cosmetics, textiles and consumer electronics. Each product category may trigger different safety, labeling, certification, conformity assessment and liability issues.
The main legal framework for product liability and product safety in Turkey is Law No. 7223 on Product Safety and Technical Regulations, which was published in the Official Gazette on 12 March 2020 and entered into force in March 2021. The official product rules database explains that Law No. 7223 establishes the general framework for product safety, technical regulations, conformity assessment, CE marking, market surveillance, economic operator obligations and penalties for non-compliance.
Product liability in Turkey also intersects with the Law on Consumer Protection No. 6502, the Turkish Code of Obligations, the Turkish Commercial Code, customs legislation, product safety inspection communiqués, sector-specific regulations, contract law and private international law. For international trade actors, the main legal question is not only whether a product is defective, but also who is responsible: the foreign manufacturer, Turkish importer, distributor, seller, authorized representative, brand owner, e-commerce seller or another economic operator.
1. Legal Framework of Product Liability in Turkey
Turkish product liability law is built on several legal layers. Law No. 7223 regulates product safety, technical compliance, economic operator obligations, recalls, market surveillance and product liability principles. The Ministry of Trade explains that Law No. 7223 was prepared in line with EU-related legislation because of Turkey’s rights and responsibilities arising from the Customs Union with the EU, and that the Law adopts main principles of the EU New Legislative Framework and Goods Package.
The Law on Consumer Protection No. 6502 applies where the injured or dissatisfied party is a consumer. It defines defective goods and grants consumers specific elective rights against sellers, manufacturers and importers in certain cases.
The Turkish Code of Obligations remains important for general contractual liability, tort liability, damages calculation, causation, fault, strict liability discussions and indemnity claims between commercial parties. In business-to-business trade, product liability disputes may also arise as breach of contract, warranty breach, defective performance, recourse claim, indemnity claim or tort claim.
The Turkish Commercial Code may become relevant where both parties are merchants, where commercial books and invoices are evidence, where unfair competition is alleged, or where claims arise from distribution, agency, supply or franchise relationships.
2. Product Safety and Law No. 7223
Law No. 7223 is the central statute for product safety in Turkey. The Ministry of Trade states that all products should be safe and comply with relevant technical regulations. The Law introduced online trade into its scope, established traceability, separately defined the roles of manufacturers, importers, authorized representatives and distributors, regulated recall of unsafe products, covered product liability principles and updated administrative fines for breaches.
This is highly relevant for international trade. A foreign manufacturer may not have a direct contractual relationship with a Turkish end user, but its products may still be subject to Turkish product safety rules if placed on the Turkish market. Similarly, a Turkish importer may become a key liable party because it brings the product into Turkey and makes it available to the market.
Law No. 7223 also covers online trade, meaning that products sold through e-commerce channels must also be safe and compliant. The official product rules database specifically notes that online trade has been included within the scope of the Law, allowing competent authorities to conduct market surveillance for products sold online.
3. Who Can Be Liable?
Product liability in Turkish international trade may involve several parties. The most important are:
The manufacturer.
The importer.
The authorized representative.
The distributor.
The seller.
The private label brand owner.
The e-commerce seller or marketplace actor, depending on the facts.
Under Law No. 7223, manufacturers and importers are central actors because they place products on the market. Legal commentary on the Law states that manufacturers or importers are responsible for products they place on the market that cause harm, and that a company marketing a product under its own name or trademark may be treated as manufacturer even if physical production was outsourced.
This is especially important for private label and OEM production. A foreign brand owner may use a Turkish manufacturer to produce goods and then sell them under its own trademark. Conversely, a Turkish importer may import goods manufactured abroad and sell them under a local brand. In both cases, product liability analysis should not focus only on the factory. Branding, importing, distribution and market placement all matter.
4. Manufacturer Liability
A manufacturer may be liable where a product is unsafe, defective, non-compliant with technical regulations, lacks required warnings, fails to meet safety expectations or causes damage due to design, manufacturing or instruction defects.
Manufacturing defects occur when a specific product departs from intended design or production standards. Design defects arise where the product’s design is unsafe even if manufactured correctly. Warning defects arise where the product lacks adequate instructions, warnings, labeling or safety information.
Manufacturers should maintain technical files, conformity assessment documents, test reports, certificates, quality control records, batch numbers, user manuals and risk assessment records. These documents may be decisive in a product liability claim or administrative investigation.
A manufacturer should not assume that technical compliance always eliminates liability. Compliance with technical regulations is important evidence, but if a product remains unsafe in actual use, liability may still be argued depending on the circumstances.
5. Importer Liability
Importer liability is crucial in Turkish international trade. A Turkish importer is often easier to sue or regulate than a foreign manufacturer located abroad. Importers must ensure that products brought into Turkey satisfy product safety and technical regulation requirements before placing them on the market.
The Ministry of Trade’s product safety system is designed to ensure that products entering Turkey are safe, compliant and properly controlled. TAREKS, the Risk-Based Trade Control System, is used electronically and on a risk basis to conduct safety and quality checks on import and export goods.
The U.S. Country Commercial Guide also explains that TAREKS is used to carry out safety checks on non-agricultural products and quality checks on exported and imported goods electronically, covering categories such as personal protective equipment, toys, batteries, construction products, medical devices, machinery, elevators, pressure equipment and electrical/electronic equipment.
For importers, product compliance must begin before shipment. Waiting until goods arrive at Turkish customs may lead to inspection failures, storage costs, demurrage, return, destruction, administrative penalties and contractual disputes with foreign suppliers.
6. Distributor and Seller Liability
Distributors and sellers may also face liability depending on their role. A distributor may be required to verify that products carry required compliance markings, instructions, safety information and Turkish-language documentation where applicable. A seller may be directly liable to consumers for defective goods under the Consumer Protection Law.
In consumer transactions, Article 9 of the Law on Consumer Protection provides that the seller is obliged to deliver goods in conformity with the sales contract. Article 11 grants consumers several elective rights when goods are defective, including rescission, price reduction, free repair or replacement, depending on the circumstances.
The same law provides that the consumer’s right to free repair or replacement may also be used against the manufacturer or importer, and that the seller, manufacturer and importer may be severally liable for performing those rights, subject to statutory defenses.
For international supply chains, this means that a Turkish retailer or distributor may be sued by a consumer and then seek recourse against the foreign manufacturer or importer under the supply or distribution agreement.
7. What Is a Defective Product?
A product may be defective in different legal senses. Under consumer law, Article 8 of Law No. 6502 defines a defective good as a good that does not comply with the sample or model agreed by the parties, or lacks the characteristics it objectively should have at delivery, making it contrary to the contract. Goods may also be defective if they have material, legal or economic deficiencies reducing expected benefits, do not conform to packaging, labels, manuals, internet portal statements, advertisements, seller statements or technical regulations.
In product liability law, the concept is broader than contractual non-conformity. A product may be contractually conforming between buyer and seller but still unsafe for end users. For example, a machine may match the technical order but lack adequate safety guards or warnings. A chemical product may meet purity specifications but be improperly labeled. A toy may be delivered on time but fail safety standards.
Therefore, businesses should distinguish between:
Contractual defect.
Consumer defect.
Product safety non-compliance.
Unsafe product.
Technical regulation breach.
Damage-causing product defect.
Each category may trigger different claims, defenses, remedies and deadlines.
8. Claims in Product Liability Disputes
Product liability claims in Turkish international trade may be brought by different parties.
A consumer may claim repair, replacement, price reduction, rescission or damages under consumer law.
A commercial buyer may claim breach of contract, defective performance, damages, replacement, repair, price reduction or termination.
An injured person may claim material and moral damages where a product causes bodily injury or property damage.
A distributor may claim indemnity from a manufacturer or importer after paying customers.
An importer may claim recourse against a foreign supplier for non-compliant products.
A regulator may impose administrative measures, recalls, fines or market restrictions.
In international trade, the strongest claims are usually supported by technical reports, laboratory tests, expert opinions, accident records, photographs, product samples, user manuals, customs documents and batch-traceability evidence.
9. Consumer Claims and Elective Rights
Consumer product disputes are governed primarily by Law No. 6502. If a product is defective, the consumer may choose among rescission, proportional price reduction, free repair or replacement with a defect-free product if possible.
Where the consumer requests free repair or replacement, the request may also be directed against the manufacturer or importer. The law provides several liability rules and defenses, including that the manufacturer or importer may avoid liability if it proves that the defect occurred after the product was placed on the market by them.
For international traders, consumer claims matter even when the foreign supplier’s direct counterparty is not a consumer. A Turkish importer or distributor may face consumer claims and then seek indemnity from the foreign supplier. Therefore, supply agreements should regulate consumer claims, warranty handling, recall costs, spare parts, service networks, documentation and indemnity.
10. Commercial Buyer Claims
In business-to-business international trade, product liability often appears as a contractual dispute. A Turkish buyer may allege that imported machinery, components, raw materials or goods are defective. A foreign seller may argue that the buyer failed to inspect or notify defects on time.
Commercial buyer claims may include:
Replacement of defective goods.
Repair.
Price reduction.
Damages.
Loss of production.
Cover purchase costs.
Customs and storage costs.
Recall expenses.
Customer claims.
Termination.
Penalty claims.
The contract should regulate inspection, acceptance, notice of defects, hidden defects, warranty period, technical tests, third-party inspection, remedy hierarchy and liability limits. Without clear terms, the dispute may become fact-heavy and dependent on expert examination.
11. Defenses for Manufacturers, Importers and Sellers
Potential defenses in Turkish product liability disputes may include:
The product was not placed on the market by the defendant.
The defect did not exist when the product was placed on the market.
The defect was caused by intervention of a distributor, third party or user.
The product complied with mandatory technical regulations and safety standards.
The user failed to follow instructions or warnings.
The damage was caused by misuse or abnormal use.
There is no causal link between the product and damage.
The claim is time-barred.
The claimant failed to preserve evidence.
The damage resulted from improper installation or maintenance by another party.
Legal commentary on manufacturer liability under Law No. 7223 notes that liability may be excluded where the manufacturer proves that the product was not placed on the market by it, or that the non-conformity resulted from intervention by a distributor, third party or user.
However, defenses must be supported by evidence. Technical compliance documents, batch records, instructions, warnings, service records, photographs, incident reports and expert opinions are essential.
12. Product Safety Inspections and TAREKS
TAREKS plays a central role in Turkish product safety control for imports and exports. The Ministry of Trade states that TAREKS was launched at the end of 2010 to carry out safety and quality checks electronically and on a risk basis, with the aim of increasing trade policy efficiency, providing safe and quality products to consumers and firms, rationalizing resource allocation and reducing waiting periods at customs.
Products subject to TAREKS may include personal protective equipment, toys, batteries, accumulators, construction products, radio and telecommunications terminal equipment, medical devices, machines, lifts, pressure equipment, electrical and electronic equipment, industrial inputs, raw materials and consumer products.
For compliance purposes, importers should determine before shipment whether their products fall within TAREKS or other product safety inspection communiqués. If technical documents are missing or inconsistent, customs clearance may fail, and the importer may face commercial disputes with suppliers and customers.
13. CE Marking and Technical Compliance
CE marking is relevant for many products placed on the Turkish market, especially because Turkey’s product safety framework is aligned with EU technical legislation. Law No. 7223 establishes the framework for technical regulations, conformity assessment and CE marking.
CE marking should not be treated as a decorative label. It represents a compliance process. Depending on the product, it may require conformity assessment, technical documentation, risk analysis, declarations of conformity, user instructions, labeling, manufacturer identification and, in some cases, notified body involvement.
False CE marking, missing technical files or incorrect declarations may create product safety, customs, administrative and civil liability risks. Importers and distributors should not rely blindly on foreign suppliers’ CE claims; they should request and review supporting documents.
14. Product Recall Obligations
Product recall is one of the most serious consequences of product safety non-compliance. Law No. 7223 introduced recall of unsafe products from end users as a key element of the product safety system.
A recall may be voluntary or authority-driven. It may require notifying authorities, informing consumers, stopping sales, removing products from the market, repairing products, replacing products, refunding consumers, publishing warnings and reporting corrective actions.
In international trade, recall costs can be substantial. They may include logistics, storage, replacement, repair, consumer communication, public announcement, destruction, regulatory fines, legal costs and reputational loss. A supply agreement should allocate recall responsibility clearly. If a recall is caused by the foreign manufacturer’s design defect, the Turkish importer should have indemnity protection. If a recall is caused by improper storage or unauthorized modification by the distributor, the manufacturer should have recourse rights.
15. Administrative Sanctions
Product safety non-compliance may lead to administrative fines, sales bans, market withdrawal, recall, destruction, public announcement, customs restrictions and other measures. The Ministry of Trade states that Law No. 7223 determines penalties for non-compliance with product safety rules and technical regulations.
The Ministry also explains that products exported to non-EU countries must be safe, not adulterated, and must not have misleading marking, labeling or certification; non-compliance may lead to administrative fines under Law No. 7223 and sanctions under the relevant export control framework.
This is important because product safety is not only an import issue. Turkish exporters must also ensure that exported products are safe and not misleadingly labeled. A defective export shipment may create liability abroad and administrative risk in Turkey.
16. Contractual Risk Allocation
International trade contracts should allocate product liability risk before a dispute arises. A strong supply, distribution or manufacturing agreement should regulate:
Product specifications.
Compliance with Turkish and destination-country law.
CE marking and technical documents.
TAREKS and customs inspection responsibility.
Labeling and Turkish-language instructions.
Warranties.
Inspection and acceptance.
Defect notice periods.
Recall procedures.
Indemnity.
Insurance.
Limitation of liability.
Exclusions from limitation.
Spare parts and service support.
Regulatory cooperation.
Document retention.
Jurisdiction or arbitration.
Contractual risk allocation cannot eliminate statutory liability toward injured persons or consumers in all cases. Legal commentary on Law No. 7223 notes that the Law prohibits contractual provisions that remove or limit manufacturer and importer liability.
However, contracts remain crucial for recourse between commercial parties. An importer who pays damages or recall costs may seek indemnity from the manufacturer if the contract supports that claim.
17. Product Liability Insurance
Product liability insurance is an important risk-management tool for manufacturers, importers, distributors and brand owners. Insurance may cover third-party bodily injury, property damage, defense costs, recall costs or product contamination depending on policy wording.
However, not all policies are equal. Businesses should check:
Territorial coverage.
Product categories covered.
Excluded products.
Recall coverage.
Defense costs.
Deductibles.
Aggregate limits.
Occurrence versus claims-made structure.
Coverage for exports to Turkey.
Coverage for Turkish court claims.
Coverage for regulatory investigations.
A foreign manufacturer selling into Turkey should verify whether its global policy covers claims in Turkey. A Turkish importer should not assume that the foreign manufacturer’s insurance will protect it directly.
18. Evidence in Product Liability Cases
Product liability cases are evidence-intensive. The claimant should preserve the defective product, packaging, user manual, invoice, warranty certificate, photographs, videos, medical records, repair records, expert reports and communication with the seller or importer.
Manufacturers and importers should preserve:
Technical files.
Conformity certificates.
CE declarations.
Test reports.
Batch records.
Traceability documents.
Supplier records.
Quality control logs.
User manuals.
Warning labels.
Complaint records.
Recall records.
Maintenance records.
Transport and storage records.
If the product is lost, repaired, destroyed or altered before expert examination, proof becomes difficult. In urgent cases, parties may seek evidence preservation before filing a lawsuit.
19. Cross-Border Jurisdiction and Applicable Law
Product liability in international trade may involve multiple jurisdictions. A product may be manufactured in China, branded in Germany, imported into Turkey by a Turkish company, distributed through an online platform and injure a consumer in Istanbul. Determining applicable law and competent forum may be complex.
Turkish courts may have jurisdiction where the defendant is in Turkey, damage occurs in Turkey, the consumer is in Turkey, the product is placed on the Turkish market, or Turkish mandatory rules apply. Contracts may include foreign law or arbitration clauses, but such clauses may not bind injured consumers or third parties who are not parties to the contract.
Commercial recourse claims between supplier, importer and distributor may be governed by the contract’s law and dispute resolution clause. Therefore, supply chain contracts should be coordinated carefully.
20. Dispute Resolution: Courts, Arbitration and Mediation
Product liability disputes may be resolved through consumer courts, commercial courts, civil courts, arbitration or mediation depending on the parties and claim type.
Consumer claims generally follow consumer law procedures. Commercial claims between merchants may be subject to mandatory mediation before filing certain monetary commercial lawsuits. Product liability disputes arising from international supply contracts may be arbitrated if the arbitration clause is valid and the dispute is arbitrable.
For foreign manufacturers, arbitration may be useful in recourse disputes with Turkish importers or distributors. However, arbitration cannot prevent administrative authorities from imposing product safety measures, and it may not bind consumers who did not agree to arbitration.
21. Compliance Program for International Traders
A product liability compliance program should include:
Pre-import product classification.
Technical regulation review.
TAREKS screening.
CE marking verification.
Supplier qualification.
Contractual compliance warranties.
Document collection before shipment.
Turkish-language labeling and instructions.
Complaint monitoring.
Batch traceability.
Recall procedure.
Insurance review.
Employee training.
Distributor audit.
E-commerce monitoring.
Record retention.
The official product safety framework emphasizes traceability and responsible economic operators. Therefore, businesses should know exactly where each product came from, who handled it, where it was sold and which documents support compliance.
22. Sector-Specific Product Liability Risks
Some sectors require special care.
Medical devices may require strict technical documentation, conformity assessment, registration and post-market surveillance.
Machinery may require safety guards, CE conformity, risk assessment and user instructions.
Toys require safety testing, chemical limits, age warnings and labeling.
Electrical products may require technical compliance and electrical safety documentation.
Cosmetics may require ingredient, labeling and safety compliance.
Food products may involve health certificates, labeling, expiry dates, contamination control and recall duties.
Construction products may require performance declarations, CE marking or national technical compliance.
Each sector should be reviewed under its own technical rules before the product enters the Turkish market.
23. Practical Checklist for Foreign Manufacturers
A foreign manufacturer selling products into Turkey should:
Verify applicable Turkish technical regulations.
Confirm CE marking and conformity assessment requirements.
Prepare Turkish-language instructions and warnings where needed.
Provide technical files and declarations to the importer.
Define importer responsibilities in the contract.
Obtain product liability insurance covering Turkey.
Keep batch and traceability records.
Regulate recall costs and cooperation.
Avoid misleading labels, certificates or origin claims.
Monitor complaints from Turkish users.
Appoint reliable distributors and importers.
Review e-commerce compliance if selling online.
Foreign manufacturers should not treat Turkish compliance as the importer’s issue only. Product liability may return to the manufacturer through recourse, reputation damage and contractual indemnity.
24. Practical Checklist for Turkish Importers and Distributors
A Turkish importer or distributor should:
Review supplier compliance documents before shipment.
Check whether TAREKS applies.
Verify product labels and Turkish instructions.
Keep certificates and test reports.
Ensure product traceability.
Inspect goods upon arrival.
Avoid modifying products without approval.
Monitor consumer complaints.
Stop sales if a safety risk appears.
Notify suppliers promptly.
Maintain insurance.
Include indemnity clauses in supply contracts.
Prepare recall procedures.
Importers and distributors are often the first local target in Turkish claims. Therefore, they must build a strong compliance and recourse file.
Conclusion
Product liability in Turkish international trade is a multi-layered legal risk involving product safety, consumer rights, technical regulations, customs controls, contractual liability, tort liability, administrative sanctions and supply chain recourse. Law No. 7223 created a modern framework for product safety, technical compliance, traceability, economic operator obligations, market surveillance, recalls and product liability principles. Consumer claims under Law No. 6502 add another layer where defective goods are sold to end users.
For foreign manufacturers, Turkish importers, distributors and sellers, the main legal risks are unsafe products, missing technical documents, defective labeling, lack of Turkish instructions, CE marking problems, TAREKS inspection failures, consumer claims, recall costs, administrative fines and indemnity disputes. These risks cannot be solved after the product is already on the market. They must be managed before import, distribution and sale.
The best protection is preventive compliance. International traders should review technical regulations, prepare documentation, define contractual responsibilities, maintain traceability, monitor complaints, obtain insurance and plan recalls before a crisis occurs. In Turkey, product liability is not only a litigation risk; it is a market-access, regulatory and reputation risk. A company that treats product safety as part of its commercial strategy will be far better positioned to defend claims and preserve market trust.
Frequently Asked Questions
What is the main product safety law in Turkey?
The main product safety statute is Law No. 7223 on Product Safety and Technical Regulations. It entered into force in March 2021 and regulates product safety, technical regulations, conformity assessment, CE marking, market surveillance, economic operator obligations and penalties.
Does Turkish product safety law apply to online sales?
Yes. Law No. 7223 includes online trade within its scope, meaning products sold online must also be safe and compliant with relevant technical regulations.
Who can be liable for defective or unsafe products in Turkey?
Potentially liable parties may include manufacturers, importers, authorized representatives, distributors, sellers and brand owners depending on the product, transaction chain and legal basis of the claim.
Can an importer be liable for a product manufactured abroad?
Yes. Importers may face liability because they bring products into Turkey and place them on the Turkish market. Importers must ensure compliance with product safety and technical regulation requirements before market placement.
What rights does a consumer have for defective goods in Turkey?
A consumer may choose rescission, proportional price reduction, free repair or replacement with a defect-free product where the statutory conditions are met.
Can consumers claim repair or replacement from the manufacturer or importer?
Yes. Under the Consumer Protection Law, the right to free repair or replacement may also be exercised against the manufacturer or importer, and the seller, manufacturer and importer may be severally liable for these rights subject to statutory defenses.
What is TAREKS?
TAREKS is Turkey’s Risk-Based Trade Control System used to conduct safety and quality checks on import and export goods electronically and on a risk basis.
What products may be subject to TAREKS controls?
TAREKS may cover products such as personal protective equipment, toys, batteries, construction products, medical devices, machinery, lifts, pressure equipment, electrical and electronic equipment, industrial inputs, raw materials and consumer products.
Can manufacturers and importers limit product liability by contract?
Contractual risk allocation is useful between commercial parties, but Law No. 7223 prohibits contractual provisions removing or limiting the liability of manufacturers and importers.
What is the best way to reduce product liability risk in Turkey?
The best strategy is preventive compliance: technical regulation review, TAREKS screening, CE documentation, Turkish-language instructions, traceability, supplier due diligence, product liability insurance, recall planning and strong supply contracts.
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