Non-compliant FFP2 masks - can I claim compensation?

eur0

I've been using a particular brand of FFP2 mask since July 2021. Having just tried to order some more from the same manufacturer I can see that they are no longer offered. In trying to locate the same mask I discovered that the product has since been discovered to be non-compliant with the relevant safety standards. From the Office for Product Safety & Standards...

"The company placed the product on the GB market and supplied it to
economic operators in the Supply Chain, as a CE marked product
which had been fully conformity assessed as a FFP2 product in line
with the requirements of EN 149.
However, the product, placed on the market was non-compliant and
documentation provided did relate the product placed on the market."

The risk level is designated "Serious" so I'm a little annoyed that all this time I've been wearing something that did not offer the expected protection. Do you think I have any grounds for compensation?

Thanks.

oldernonethewiser

Did you suffer a loss?

What would the compensation be for?

eur0

oldernonethewiser said:

Did you suffer a loss?

What would the compensation be for?

I guess compensation is not the right term. When a product is recalled there is nornally some kind of return/refund (I recently had this for a fan heater that was recalled on safety grounds).

DullGreyGuy

eur0 said:

I've been using a particular brand of FFP2 mask since July 2021. Having just tried to order some more from the same manufacturer I can see that they are no longer offered. In trying to locate the same mask I discovered that the product has since been discovered to be non-compliant with the relevant safety standards. From the Office for Product Safety & Standards...

"The company placed the product on the GB market and supplied it to
economic operators in the Supply Chain, as a CE marked product
which had been fully conformity assessed as a FFP2 product in line
with the requirements of EN 149.
However, the product, placed on the market was non-compliant and
documentation provided did relate the product placed on the market."

The risk level is designated "Serious" so I'm a little annoyed that all this time I've been wearing something that did not offer the expected protection. Do you think I have any grounds for compensation?

Thanks.

I guess you could argue that you should be refunded the difference between the cost of a FFP2 mask and non-FFP2 mask but how much have to spent on masks in total and would say a 10% refund of that be worth the time/effort?

Anything more than that you'd have to prove an actual loss as a consequence of the error.

sheramber

Is it a UK company?

sourpuss2021

Looks like this:

https://s3.amazonaws.com/thegovernmentsays-files/content/183/1832617.html

eur0

sourpuss2021 said:

Looks like this:

https://s3.amazonaws.com/thegovernmentsays-files/content/183/1832617.html

Yes that's exactly it. I was more concerned that I'd been sold something that was not fit for purpose. I contacted the supplier and to be fair they have refunded all my previous purchases...so it was worth asking.

rigolith

The issue is that if you had known they were no good, you would have spent the money on a different FFP2 mask. So you wouldn't have more money in your pocket now.

If you had got COVID you might have been able to argue that the defective mask likely contributed to your losses stemming from that.

If you have any left you for return them for a refund.

lincroft1710

rigolith said:

The issue is that if you had known they were no good, you would have spent the money on a different FFP2 mask. So you wouldn't have more money in your pocket now.

If you had got COVID you might have been able to argue that the defective mask likely contributed to your losses stemming from that.

If you have any left you for return them for a refund.

If you read the post previous to yours (made 6 months ago by OP), you will see OP contacted supplier and was refunded for all previous purchases