Product Recalls

News & Analysis as of

Are Cosmetics Gaining Higher Congressional and FDA Scrutiny?

Currently, FDA regulates cosmetics to ensure they are not adulterated or misbranded, but does not have the authority to order cosmetic recalls or require adverse event reporting. Senators Dianne Feinstein (D-CA) and Susan...more

Tenth Circuit Lifts Stay on CPSC’s Magnets Rule

As we wrote about earlier this month, on April 1, 2015, the U.S. Court of Appeals for the Tenth Circuit (“Tenth Circuit”) temporarily stayed the effective date of “the enforcement and effect” of the CPSC’s safety standard for...more

Business Litigation Alert: "The Blue Bell Recall - How to Effectively Handle a Very Public Crisis"

Since the beginning of April, Blue Bell has been making headlines, and not for a new flavor of ice cream. The Texas-based ice cream giant decided to recall all products from store shelves following a listeria outbreak....more

Consumer Products: The CPSC Files Suit Seeking Civil Penalties Against Michaels Stores for Failures of Reporting and Material...

Last week, the U.S. Department of Justice, on behalf of the United States Consumer Product Safety Commission (CPSC), filed suit against Michaels Stores, Inc. (“Michaels”) in the Northern District of Texas. United States of...more

Food and Beverage News and Trends

Judge rejects consumer claim concerning evaporated cane juice - On March 12, a US district judge in the Northern District of Illinois dismissed with prejudice a consumer lawsuit against the manufacturer of Healthy Grains...more

Score Card for DePuy ASR Trials – Two Wins and One Loss

In August of 2010, DePuy shocked the orthopedic community and thousands of patients by announcing the recall of its ASR metal-on-metal hip implant due to an excessive failure rate. ...more

You Should Know - April 2015

In This Issue: - Devices Go Awry - Protect Against Risks - Insiders Talk - Excerpt from Faulty Products Put Patients at Risk: Some Popular Medical Devices Escape FDA Scrutiny: Countless patients around the...more

Child Injury and Delayed Product Recalls

Graco Fined $10M for Failure to Timely Recall Dangerous Car Seat - Last year saw a number of product recalls. Indeed, the sheer number of vehicles involved in the Takata airbag recall alone has been staggering. Graco,...more

Recall Mishandling and Dangerous Child Products

Last year, Graco recalled almost 6 million car seats due in large part to a safety defect. The recall began with around 3.8 million car seats, but it grew over the course of 2014. When the buckle mechanism on the car seats...more

An Error-free Seventh Circuit Medical Device Case

Today is National Grammar Day. Before anyone of our posts goes online, it dashes thorough a gauntlet of reviewers. Those reviewers collectively possess just the right amount of neurotic fastidiousness to ensure that what...more

Manufacturing Matters – Winter 2015

In This Issue: - Pre-action costs protection in environmental claims - Shared Parental Rights – what you need to know - Due diligence on your partner in China – are you talking to the right person? - An Interview...more

Regulators Fine Automaker for Failing to Report Fatalities

Honda Hit with $70 Million Fine - We just might end up remembering 2014 as the year of fatal car accidents caused by auto defects. Automotive recalls totaled more than 60 million last year alone. GM recalled tens of...more

SHE Matters - Winter 2014/2015

In This Issue: - Fee For Intervention – Is It Set To Stay? - How To Protect Brand Reputation And Sales From The Risks Associated With A Product Recall - Review Of The Proposed Changes In The Sentencing Of Health...more

CPSC and E-Commerce Giant Alibaba Ink Deal to Block Sale of Recalled Products to U.S. Consumers

Following an ABC 20/20 investigative story where CPSC Chairman Elliot Kaye called Craigslist’s failure to block the sale of recalled products “morally irresponsible,” the agency announced yesterday that it has entered into an...more

Class Action Lawsuits – Risks and Mitigation Strategies for Component Manufacturers

Manufacturers of components incorporated into consumer products increasingly find themselves involved in product liability class action lawsuits. Manufacturers can be drawn into these types of lawsuits when their own customer...more

How Effexor Recalls Can Leads to Lawsuits

When a manufacturer recalls a dangerous drug, how does that medication become the topic of a lawsuit? In the case of Effexor, an antidepressant drug, many lawsuits have already been filed in relation to birth defects and...more

Focus Newsletter - December 2014

In this issue: - ABC's of a Product Recall - Amazing Clients® Lumenpulse Inc. - A Bright Future for a Company That Is Lighting Up the World - Delaware Corporate Law Becomes More User-Friendly -...more

Sports, Media and Entertainment Intelligence (Global) - December 2014

BRAND REPUTATION - Global: How to protect brand reputation and sales from the risks associated with a product recall - The power of regulatory authorities to order product recalls is growing, meaning that it is more...more

Recalled Dangerous Dietary Supplements Remain for Sale

When the Food and Drug Administration (FDA) issues a dietary supplement recall for a product that contains banned substances, are we still at risk of inadvertently buying this defective product? According to a recent article...more

Growing Safety Risk for Hospitals: Spiraling Medical Device Recalls

Everyone knows that the number of medical device recalls is on the rise. Here are two telling examples of the growth. In 2003 a total of 604 recalls were reported to the FDA, while last August a single manufacturer recalled...more

A “Good” Deed Goes Unpunished

Alabama Supreme Court Rejects “Good Samaritan” Liability in Gray Market Case - Last month, I wrote about the “Good Samaritan” rule, codified in Restatement (Second) of Torts, section 324A, “Liability to Third Persons...more

GLOBAL: How to protect brand reputation and sales from the risks associated with a product recall

In the past decade or so, manufacturers in the developed world that would previously have created their entire product in their own country now outsource manufacture to other parts of the world. This has had significant...more

Protect Your Safety Investigations and Deliberations From Prying Eyes

Every day companies deal with an ongoing safety analysis of their own products. These Safety Teams are routinely interdepartmental. The Safety Teams must consider design changes, manufacturing issues, potential recalls,...more

Airbag Automotive Recalls Continue

New Takata Air Bag Recall For Infiniti SUVs - Can you trust that your airbags will function properly if you are in a car accident? Over the last year, the automotive parts maker Takata has been responsible for airbag...more

FDA Regulatory and Compliance Monthly Recap - October 2014

In This Issue: - FDA issues final guidance on discerning device recalls from market withdrawals related to medical device enhancements in apparent bid to appease industry concern over draft being overly broad, lacking...more

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