Consumer products may be recalled over safety concerns or defects, either voluntarily by the manufacturer or involuntarily, such as when the recall is ordered by a government agency, such as the U.S. Food and Drug Administration (FDA) or the Consumer Product Safety Commission (CPSC).
Below, our Cincinnati product liability attorneys at O’Connor, Acciani & Levy discuss the information you need to know about product recalls. If you or someone you love has been injured by a defective product, such as a defective drug or defective medical device, contact us today to schedule a free, no obligation consultation and learn your legal rights. We take cases involving a variety of products that can and have harmed consumers or led to death.
Why Are Products Recalled?
Products are recalled when consumers, regulators or manufacturers discover safety issues or defects or possible problems that pose a risk to consumers. Recalls are issued to protect the public, and the entire line of products or a certain batch that has problems are removed from the market.
Most product recalls are voluntary, which means the company recalls the product upon discovering the presence of a safety issue or defect. However, in some cases, the regulatory agency covering the type of product will issue a recall.
Common Types Of Products That Are Recalled
There are a few types of consumer products that are most often recalled. These include:
- Food items: Food may be recalled due to the presence of a foreign object, undeclared ingredients, or contamination from salmonella, e. coli or listeria.
- Medications: Medications are often recalled due to unstated risks or side effects, or manufacturing errors that pose a risk to patients.
- Vehicles and their components: Vehicles and vehicle components are often recalled for safety risks, or if a component is found to not function correctly.
- Children’s items: Children’s items such as toys, furniture, or other gear may be recalled due to safety risks or choking hazards.
How To Know If A Product Is Recalled
If you have registered a product with a manufacturer, you may be notified by that manufacturer of the recall. For vehicle recalls, you may be sent a notification from the National Highway Traffic Safety Administration (NHTSA).
The CPSC website posts product recall information – consumers may view and search the website for recall information that applies to products they own. Email alerts are also available, and subscribers receive email notification of new product recalls.
Recalls.gov is another website that posts recalls for the following items:
- Consumer products
- Motor vehicles
- Environmental products
A Product I Use Was Recalled, What Do I Do?
If a product is recalled, the recall typically provides guidance as to what should be done with the recalled product. In most cases, you should simply stop using it.
Depending on the terms of the recall, you may be eligible to receive a replacement product, have the defective product repaired or receive a refund for your purchase. This information will be provided within the recall notice. As soon as you learn about a recall affecting a product you use or own, follow the instructions provided in the recall notice to remedy the situation.
If you have been injured by a recalled product or a product that has not been recalled, contact the CPSC to report an unsafe product. Your report may or may not be investigated. The CPSC will contact you to confirm the accuracy of the information you provided and inform you of how the information will be used. If a manufacturer was stated in your report, the CPSC will forward the report to the manufacturer and you may receive a response from the manufacturer.
Contact O’connor, Acciani & Levy For Assistance
If you were harmed by a product that was recalled, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Our Cincinnati product liability lawyers will review your claim and help you pursue compensation for the damages you have suffered. We take cases involving many defective drugs and medical devices.
Request a free, no obligation consultation today and learn about your legal rights. There are no upfront fees and payment is only due if we recover compensation for you.