Product Recalls

News & Analysis as of

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

Stopping Hoverboards in Their Path

They are neat. They are cool. They are dangerous. Hoverboards are 2016’s hottest toy and they are proving to be quite the headache for parents, children, and hospital emergency rooms. ...more

CPSC Recall Snapshot: February 2016

Welcome to the February edition of the Alston & Bird CPSC Recall Snapshot. This month, the CPSC, along with the EPA and CDC/ATSDR, launched a multi-agency action plan to study environmental human health questions...more

2016 Emerging Issues in the Children's Products Industry

Many emerging issues impacting children's products and the juvenile products industry are anticipated this year. We may see new regulations promulgated by the Consumer Product Safety Commission (CPSC or Commission), the...more

Top 2016 Litigation Issues Facing the Auto Supply Chain

Nobody likes a fight. Well, almost nobody. Trial lawyers, boxers, and MMA fighters might be the only ones. But, in business, the occasional fight is pretty much inevitable. What fights do we foresee for those in the auto...more

Recalled Brainlab Digital Neurosurgery Device Could Pose Serious Injury, Death to Patients

A medical device created by Brainlab and marketed as easy-to-use, intuitive, precise and tailored to surgeons’ needs has been recalled by the U.S. Food and Drug Administration. Cranial-navigation systems sold by...more

CPSC Recall Snapshot: Year in Review

Welcome to the Alston & Bird 2015 CPSC Recall Snapshot Year in Review. 2015 saw a significant increase in activity at the CPSC. Although the number and product-type for recalls in 2015 were substantially similar to...more

CPSC Recall Snapshot: CPSC Goes International

Welcome to the December edition of the Alston & Bird CPSC Recall Snapshot. In November, the CPSC, Health Canada and Mexico’s Consumer Protection Federal Agency (PROFECO) held their Third North America Consumer Product...more

You Should Know - December 2015

Presenting America’s 2015 Top Safety and Justice Stories - Add one very special gift to your holiday list this year courtesy of the American civil justice system: safer products and services. Whether we’re talking the...more

Definition of Insanity – Expecting Certification of a Personal Injury Class Action

Albert Einstein famously defined insanity as “doing the same thing over and over again and expecting different results.” We thought of that definition when we read Shepherd v. Vintage Pharmaceuticals, LLC, ___ F. Supp.3d...more

Over 1 Million Bicycles Recalled Over Safety Defect

Personal injury attorneys discuss recent recall of more than one million bicycles nationwide. It is important for consumers to heed recalls to prevent accidents and injuries....more

Takata Recall expands to include 2016 Honda CR-V

The sweeping Takata airbag recall, the largest in automotive history, has involved over 19 million cars manufactured by twelve automakers. The recall has surrounded faulty airbags that, sometimes, have resulted in serious...more

Food Recall Events: The Importance of Evaluating Your Insurance Coverage Before a Voluntary and Mandatory Food Recall

Food recalls are on the rise as consumer protection regulations become more stringent, and they can be costly events. There can be significant expenses associated with removing impacted products from stores; reimbursing...more

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