Most of the things that we own are regulated by organizations that protect us as Consumers. Each product has had to go through rounds of testing and approval before they were allowed to be on the shelves and make their way into our hands. After approval, if these organizations learn that a certain product has failed to meet set standards, then it gets recalled.

A recall is the rectification or removal of a product from the manufacturing, distributing and selling divisions of the American market. This occurs when the product that was already on the market is found to be defective in some way, doesn’t meet acceptable standards in quality or violates statutory law. Usually, an injury caused by such a product could be the basis for product liability litigation.

The major organizations that evaluate, approve and regulate products and their Recalls in the American markets are:

• U.S. Food and Drug Administration (FDA)
• Consumer Product Safety Commission (CPSC)
• U.S. Department of Justice (DoJ)

A recall can be issued voluntarily by the manufacturer, at the request of a regulatory organization or by the organization itself. However, major recalls tend to mean huge losses for the company which is why few of them may do so voluntarily.

Importance of a product recall

Regulatory agencies issue recalls for products that pose a risk to public safety. These issuances are based on established protocols and must be followed according to regulations to ensure:

• Consumers are no longer at risk of harm
• Defective or rule-violating products are removed from the market
• Inconvenience and cost of recall are minimized

How is a product recall issued

A regulatory agency or organization will issue the recall or request the manufacturing company to do so when they receive reasonable evidence to determine that the product is unsafe for consumers. This evidence is found in different ways:

• Consumers themselves may directly report cases of injury to the regulatory agency
• The manufacturers discover the danger by means of studies or clinical trials
• A trend of injuries or illnesses may be discovered among consumers by another agency like the Center for Disease Control (CDC)
• The regulatory agency sends its own employees and inspectors to conduct studies or inspections of the manufacturer’s premises, production processes and storage and finds a fault or violation

When there is a reasonable amount of evidence against the safety of the product, then a recall would be issued.

• Everybody in the supply chain would be identified and notified about the recall.
• Members of the supply chain may contact the final consumer to notify him or her about the recall and explain the steps to take.
• The media would be used to announce the recall if the product is especially dangerous.
• A replacement may or may not be offered in exchange for the recalled product. The recalled products that have been collected would either be disposed of per appropriate regulations and practices, or they would be corrected and put back on the market after receiving approval.

If a retailer or distributor continues to sell the product even after he or she has been notified of the recall, then legal action can be taken against them for violating regulatory procedures or for negligently causing harm to consumers.

Product recall classifications

There are different categories of recall depending on the level of threat that the product poses to its users. They are:

• Class 1: A class 1 recall is issued for products that pose a reasonably probable and great danger to its consumers, often adverse injuries or even death.
• Class 2: A class 2 recall is issued for products that pose some chance of a temporary and reversible, yet possibly serious injury to consumers. There may be a high chance of temporary harm and/or a low chance of severe damage.
• Class 3: A class 3 recall is issued for products that do not pose a high risk of serious injury to the consumer but still violate regulations.

Similar to a recall, a market withdrawal refers to the removal of a product that hasn’t made any major violation to regulations and are therefore, not usually the cause for potential legal action.

What to do if you own a recalled product

If you learn that a product that you have been using has been recalled, stay calm and follow the steps given to you by the notifying source. If you doubt the source’s credibility, be sure to check the company’s website or the regulatory agency’s website for more information.

• Look for the reason for the recall: In the recall of a drug, it is usually an adverse side effect. In the recall of a battery, it is usually overheating.
• Verify that you have been affected: Some recalls may be concerned with a particular segment of consumers like pregnant women or children. Others may be concerned with a particular model of the product that you’re using.
• Follow the instructions if you have been affected: If the company tells you to stop using the product until you get a replacement, then do so.
• Return or replace the product: You can go back to the store that sold it to you and get a new one for free if a replacement is available. Make sure to take the store’s receipt with you. If there is no replacement, you will get a refund.

For some recalls, there might not be a replacement and you would just have to stop using it. If the product is a drug, it is important to consult with your prescribing physician immediately. If the product is a perishable item such as food, then just throw it away. Further, be careful when you dispose of electronic items or any other product that requires special considerations.

• Check for symptoms: If you think that you have suffered the injury or illness that was the reason for the recall, you may be able to file a claim and collect compensation for your damages. An experienced product liability attorney can take care of this for you. In this case:
• Get adequate medical treatment
• Store all your bills and receipts, including the ones of your product’s purchase
• If possible, the product itself, its packaging and labels.

Product recalls are a lot more common than you might think and if you haven’t yet bought something that has been recalled, you might still become an affected consumer in the future. It is important to stay up-to-date on the recalls that are being issued regularly by manufacturers and regulatory organizations so that you can protect yourself from harm.

Product liability and recall lawsuits

Regulatory agencies work to ensure that product recalls are a smooth process. However, not all parties may be cooperative. You may be able to file a lawsuit if the seller refuses to refund you or replace your product.

If you have suffered injuries from the affected product before the recall was issued, you may be able to file a claim for damages. Know that if you continue to use a product that has been recalled and suffer injuries, your chances at recovering compensation will be lower, if not zero.

However, in some cases, the manufacturer or seller will have to notify you about the recall and the steps you can take in light of it. If you weren’t informed and suffered injuries as a result, you might still have a valid claim. This is where a product liability lawyer can help you the most.

If you would like to speak with a product liability attorney, you can do so for free by calling us, sending us a message or leaving a comment below. We would be happy to help you out with any issue or question that you might have right now.

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