Product Recalls

News & Analysis as of

FLPs and Other “Discounting” Strategies: Targets for IRS Scrutiny? Act Now!

Proposed regulations issued by the Treasury Department in August 2016 under Section 2704 of the Internal Revenue Code seek to limit valuation discounts afforded by family limited partnerships (FLP) and other common planning...more

CPSC Recall Snapshot: August 2016

Welcome to the August edition of the Alston & Bird CPSC Recall Snapshot. The number of products subject to recalls this year is on pace to dwarf the number of recalled units in recent years. On the heels of the recent...more

CPSC Recall Snapshot: July 2016

Welcome to the July edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has announced two major recalls in the last month impacting millions of products. The most recent of these major recalls is the July 6...more

Falling Furniture — Get a Hold On It Before They Do

CPSC Issues National Campaign To Curb Accidents from Falling Furniture - One child dies every two weeks from falling furniture in the home, according to the Consumer Product Safety Commission. The public became very much...more

Massive CPSC Recall Leaked to the Press by “CPSC Source” Prior to Official Agency Announcement

Today the U.S. Consumer Product Safety Commission (“CPSC”) and Health Canada announced a massive joint recall with IKEA involving over 35 million pieces of furniture that can pose a tip over hazard to small children. While we...more

Takata Airbag Recall Balloons — 7 Automakers Join List

NHTSA Calls Controversy ‘Largest and Most Complex Safety Recall in U.S. History’ - The consumer-safety threat posed by defective airbags in millions of vehicles worldwide has escalated again....more

CPSC Recall Snapshot: June 2016

Please see full CPSC Recall Snapshot below for more information....more

Autonomous Vehicle Manufacturers Do Not Need to be Shielded from Lawsuits

Full disclosure # 1: I, the author of this blog post, am a trial lawyer. Full disclosure # 2: The law firm that allows the publication of this blog post has many, many, many more trial lawyers. Without disputes that could go...more

CPSC Reaches Second Civil Penalty Agreement in As Many Weeks; Sunbeam Products to Pay $4.5 Million to Resolve Late Reporting...

The U.S. Consumer Product Safety Commission (CPSC) is set to announce yet another civil penalty settlement. Sunbeam Products d/b/a Jarden Consumer Solutions (Sunbeam or the Company) has agreed to pay a $4.5 million civil...more

Olympus Duodenoscope Recall: Lessons Learned on How to Manage a Class II Device Failure

Earlier this year Olympus Corp. (“Olympus”) announced that it would recall and redesign its TJF-Q180V duodenoscope following its link to deadly patient infections in the United States and abroad. This situation presents an...more

Cook Medical Issues Voluntary Global Recall of Beacon Tip

FDA’s MedWatch recently posted a voluntary recall issued by Cook Medical recalling 4.1 million catheters using Cook’s Beacon Tip technology. The recall was initiated after 30 Medical Device Reports were received by the FDA. ...more

Third Child Injury Fatality from Recalled IKEA Product

Personal injury lawyers discuss a third child injury death that resulted from dangerous IKEA furniture. It is important to abide by recalls and to take steps to prevent child injuries....more

CPSC Chairman Vows that Every CPSC Voluntary Corrective Action Will Be Called a “Recall”

According to the Philadelphia Inquirer, CPSC Chairman Elliot Kaye announced in a meeting with consumer advocates that the agency will never again allow a company conducting a voluntary corrective action to call it anything...more

The Continuing Saga Surrounding Magnet Sets: Proof of the CPSC's Determination to Eradicate Hazards to Children

The Consumer Product Safety Commission (CPSC) has made it very clear over the last several years that it takes hazards associated with rare earth magnet sets very seriously, primarily because the hazards affect children. Rare...more

What is CPSC’s Statute of Limitations for Civil Penalties? That’s a Gabelli Question

After filing a Section 15(b) report and conducting a recall with the Consumer Product Safety Commission (“CPSC”), it is not uncommon for a company to wonder whether it timely filed its report under the Consumer Product Safety...more

CPSC Recall Snapshot: April 2016

Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. Last month, Administrative Law Judge Dean C. Metry issued a ruling against the CPSC in litigation with Zen Magnets over its small-diameter magnetic...more

CPSC Recall Snapshot: March 2016

Welcome to the March edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has been very aggressive over the past month. This past Friday, the Commission announced a record $15.45 million civil penalty against a...more

CPSC Definitely Not Zen About High-Powered Magnets

The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools the U.S. Consumer Product Safety Commission has at its disposal to enforce its own regulations. These orders...more

Zen Magnets Claims “90% Victory” Against CPSC in Magnet Recall Litigation

On March 25, 2016, Administrative Law Judge Dean Metry found that the U.S. Consumer Product Safety Commission (“CPSC”) case counsel did not prove that high powered, small rare earth magnets (“SREMs”) (1) are defective as sold...more

Computer Recall Due to Battery Overheating - Risk of Consumer Injury from Overheating Toshiba Lithium-Ion Batteries

Personal injury lawyers discuss the recent recall of more than 100,000 Toshiba laptop computers and the serious injury risks associated with defective lithium-ion batteries....more

FDA Recalls Custom Ultrasonic

AERs (automatic endoscope reprocessor) are free-standing units used in health facilities to disinfect flexible endoscopes and scope accessories between uses. Custom Ultrasonic AERs should wash and high- level disinfect...more

Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets

There have been many twists and turns over the past four years concerning the CPSC’s regulation of certain high powered, rare-earth magnet sets and its litigation against various entities selling these magnets. In the latest...more

FDA Medical Device Safety Tracking System Reform

The Los Angeles Times reports that in recent years, several devices, including certain reusable medical scopes, metal-on-metal hip replacements, transvaginal meshes, and lead wires in heart defibrillators have been recalled. ...more

Health Canada Assesses Monetary Penalties against Company under Canadian Product Safety Act for First Time

On March 11, Health Canada announced that it had assessed administrative monetary penalties under the Canada Consumer Product Safety Act (CCPSA) against company Orange TKO Industries (Orange TKO or the Company) of Calgary. ...more

New Product Recalls in 2016

Although we are only into the third month of a new year, there are already product recalls that you need to know about. The list includes multiple recalls from carmakers, as well as recalls that specifically apply to parents...more

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