Online Marketplaces Pressed to Clamp Down on Sale of Harmful Recalled Products

Washington, D.C. – Leading members from the House Energy and Commerce Committee are seeking clarity from online marketplaces, including Meta, on their strategies to curb the sale of dangerous and recalled products on their platforms. Chair of the Committee backs the call for action, Cathy McMorris Rodgers (R-WA), Full Committee Ranking Member Frank Pallone, Jr. (D-NJ), Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL), and Subcommittee Ranking Member Jan Schakowsky (D-IL).

A Plea for Public Safety

In their joint letter to Meta, the committee leaders emphasized the role of the U.S. Consumer Product Safety Commission (CPSC) in safeguarding the public against products with undue injury or death risks. They pointed out that while CPSC shoulders its responsibilities, it also counts on digital marketplaces to augment its efforts. Concerns were raised that Meta might not be living up to this trust.

Citing Meta’s alleged lapses, the letter states, “Meta’s inability to halt the sale of recalled products on its platform has recklessly endangered its users, including children. They risk buying and using items that CPSC has red-flagged due to severe injury risks and possible fatality.”

The Looming Danger

Recent data reveals that some online platforms, notably Meta, have been underperforming in barring the sale of hazardous items, even after CPSC’s multiple takedown notifications. Shockingly, CPSC has been averaging a thousand takedown requests monthly. Despite this flood of warnings, the pace has remained strong. The repercussions? Countless users and their children face the perils of using potentially deadly products.

Seeking Concrete Answers

With the safety of millions at stake, the committee leaders have posed several questions to the online platforms, demanding responses by August 31, 2023:

1. What strategies are established to prevent the listing of recalled products that CPSC has deemed dangerous?
2. Is there a dedicated team for addressing consumer product safety concerns? If yes, what’s its size?
3. How do platforms keep track of CPSC recalls?
4. What measures are being planned to ensure products like Fisher Price Rock ‘n Play, Boppy Newborn Lounger, and similar items are permanently removed from your platform?
5. Are legal ambiguities causing uncertainties regarding platform responsibilities?
6. Is there a willingness to cooperate with the Committee to resolve this issue, ensuring that CPSC doesn’t squander resources on ceaseless takedown requests for hazardous products on sale?

The growing nexus between the digital marketplace and consumers demands more rigorous safety protocols. With this move, the House Energy and Commerce Committee is championing a safer online shopping experience, ensuring consumers can trust the products they purchase for themselves and their families. The ball now lies in the court of online marketplaces to show their commitment to public safety.

In a product liability lawsuit, an individual or group alleges that a product was defective or unreasonably dangerous and that this defect caused harm. Different types of damages can be pursued depending on the nature and extent of the harm suffered.

Here are the primary types of damages that may be sought:

1. Compensatory Damages: These are intended to compensate the injured party for the actual harm or loss they suffered due to the defective product. Compensatory damages can be further divided into:
   • Economic Damages: These are quantifiable monetary losses, including:
     • Medical expenses: Current and future bills related to the injury.
     • Lost wages: Compensation for wages lost while the plaintiff was recovering.
     • Lost earning capacity: If the injury permanently diminishes the plaintiff’s ability to earn.
     • Rehabilitation costs: Expenses for physical or occupational therapy.
     • Property damage: Costs to repair or replace damaged property.
   • Non-Economic Damages: These are more subjective and can be harder to quantify. They include:

• • • Pain and suffering: Physical and emotional distress caused by the injury.
    • Loss of consortium: Damages for the loss of companionship or the inability to maintain a sexual relationship due to the injury.
    • Emotional distress: Psychological impact due to the injury, like anxiety or depression.
    • Loss of enjoyment of life: Inability to enjoy hobbies or other activities as a result of the injury.

2. Punitive Damages: These are not intended to compensate the victim but to punish the defendant and deter similar behavior in the future. They are awarded in cases where the defendant’s behavior is found to be particularly egregious or reckless.
3. Wrongful Death Damages: In cases where a defective product results in death, the family or estate of the deceased may pursue damages for:

• • Funeral and burial costs.
  • Loss of financial support.
  • Loss of companionship, love, and moral support.

4. Nominal Damages: These are a small amount of compensation awarded when the plaintiff’s rights have been violated by the defendant, but the plaintiff didn’t suffer substantial harm or financial loss.
5. Loss of Use Damages: These damages are claimed when the defective product prevents the plaintiff from using their property. For instance, if a defective car part means that the owner can’t use their vehicle until it’s repaired, they might claim loss of use damages.
6. Incidental Damages: Costs that a plaintiff incurs as a direct consequence of the product’s defect. For example, if a defective refrigerator spoils a person’s food, the cost of the spoiled food may be claimed as incidental damages.

When considering a product liability lawsuit, it’s essential to consult with one of our experienced product liability lawyers. We can provide guidance on the types of damages that might be applicable to your specific case.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

Parker Waichman LLP helps families recover monetary compensation for harm caused by dangerous products. For your free consultation, contact our national product liability law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).