Parker Waichman LLP

Product Recalls Do Not Always Prevent Risk

Although product recalls are considered by some to be a powerful way for regulators to ensure consumer safety—and the Consumer Product Safety Commission (CPSC) points to the growing number of recalls as its indication the system is working—sometimes recalls are not enough.  For example, often, no further action occurs following the recall announcement. While the […]

Although <"https://www.yourlawyer.com/practice_areas/product_liability">product recalls are considered by some to be a powerful way for regulators to ensure consumer safety—and the Consumer Product Safety Commission (CPSC) points to the growing number of recalls as its indication the system is working—sometimes recalls are not enough.  For example, often, no further action occurs following the recall announcement.

While the CPSC is responsible to ensure that about 15,000 products in the U.S. marketplace are safe, when there is a problem, the onus falls on the consumer to learn about the recall and act.  Unfortunately, only about 15% to 30% of consumers respond to recalls and, generally, over two-thirds of all recalled products go unaccounted for, leaving children and adults vulnerable to injuries.  Part of the problem is that notifications are issued via press releases which may or may not be picked up by media; consumers just don’t want to handle the paperwork, mailing, and repackaging involved, especially with a large piece or something requiring; and consumers often do not know an item’s recall status when purchased at a garage sale, online auction, or thrift shop.  Also, it remains unclear as to what happens to recalled products; some are destroyed, but others can end up in overseas markets with laxer safety standards.

According to Nancy Cowles, executive director of Kids in Danger, a child safety advocacy group, “The recall system just doesn’t work.  The very concept is backwards.”  Cowles notes that product safety should occur before an item makes it to store shelves.  The consumer product safety bill just signed by President Bush is designed to do that by imposing stricter standards for wide variety of items; making it unlawful for retailers to sell recalled products; and requiring manufacturers to stamp children’s products with tracking information.  Recall-registration cards will be included in some future packaging so consumers can be contacted directly if a product is deemed hazardous.  A good start; however, changes will take effect gradually as the CPSC and companies determine how to implement them and companies have a year to apply tracking labels.

Some unsafe products reach the market because many manufacturing standards are voluntary and only some products require testing before release.  Even products that meet the standards can end up being recalled for defects, many of which are discovered only after injuries or deaths are reported.

The CPSC can opt to reannounce a recall and advertising the recall to ensure publication is optional and many manufacturers rely on less-efficient ways of spreading the word about recalls, including posting fliers at stores, buying ads in newspapers, and notifying day-care centers.  Still, it is nearly impossible to stay current on all the recalls on consumer products used in the home and elsewhere. Cowles said the son of the group’s founders died in a defective portable crib at a child-care provider’s home five years after the product had been recalled.  “Almost everyone probably has something in their home or at some point has had something in their home that has ultimately been recalled,” said Illinois Attorney General Lisa Madigan.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
I want to give a heartfelt thank you to Ms. Benita Rollis for the exemplary manner in which my case was handled from the inception to the end. Ms. Rollis was compassionate, friendly, understanding, professional, accurate, informative and patient. She took the time and effort to explain the process, timeline, the various documents involved and how to go about obtaining certain forms. She was definitely on point. If I had to go this route again, I would hands down, choose and highly recommend Ms. Rollis because she is highly competent in getting the job done. She is a definite asset to Parker Waichman LLP. On behalf of myself and my family we thank you for a job well done. Be well and be blessed. Margarita R. Mitchell
Margarita Mitchell
3 years ago
5 Star Reviews 150
I am very grateful for the service they gave me. Julian Aurora and Jorge helped me a lot. Thank you!!!
Sonia Estrada
6 months ago
5 Star Reviews 150
I would like to take this time to thank Ashley whole hardly for the most amazing and professional job that she did for me. This was and is one of the hardest situations that I have ever had to face and I must say that PW made it easy for me. They are true professionals and such an heartfelt team. I highly recommend this team to anyone....Again Thank you very much for a job well done.
Chandra Porter
4 years ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038