Product Recalls

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International Product Liability Review - Issue 65

The International Product Liability Review provides quality updates and comment from around the world on legal developments in the field of product liability and product safety. Please see full Publication below for more...more

CFDA Amends Medical Device Recall Rules

Recently China’s Food and Drug Administration (“CFDA”) released the Provisions for Medical Device Recall (“New Recall Rules”). The New Recall Rules, becoming effective on May 1, 2017, will replace the existing Interim...more

CPSC Recall Snapshot: February 2017

Welcome to the February edition of the Alston & Bird CPSC Recall Snapshot. This month, CPSC Chairman Elliot Kaye announced that the CPSC will not follow President Trump’s Executive Order requiring two regulations be ...more

Plaintiffs’ Fraudulent Joinder Tactic Results in Dismissal

Defendants successfully argued “fraudulent joinder” in Bahalim v. Ferring Pharmaceuticals, Inc., winning dismissal of the case in its entirety. The case was decided on Plaintiffs’ motion to remand and Defendants’ motions to...more

Takata: The Unfortunate Recall

The tragedy - Takata Corporation is a Japanese-based company that manufactures safety products, primarily airbags and seat belts, as a tier one supplier to the global auto industry. Unfortunately, due to alleged...more

Stryker Accolade TMZF and L-Fit V40 Chrome/Cobalt Head Failures – Not Just a Large Head Problem, Or Is It a Head Problem At All?

For over four years I have been investigating problems associated with Stryker Accolade TMZF Titanium hip stems. Of course the Rejuvenate and ABG II failures and subsequent recall are well-known and much written about. But,...more

CPSC Recall Snapshot: 2016 Year in Review

Welcome to the Alston & Bird 2016 CPSC Recall Snapshot Year in Review. How did the activity by the CPSC in 2016 compare to that of 2015? As noted in our CPSC Year in Review, the CPSC issued its ...more

New CPSC Safety Standard on Baby Slings

In early January, the U.S. Consumer Product Safety Commission (CPSC) adopted a new federal safety standard for infant sling carriers. 82 Fed. Reg. 2326-1 (Jan. 9, 2017). CPSC’s new rule follows its 2010 warning that baby...more

Contaminated Product Insurance Policy Held Void Due To Insured’s Misrepresentations

A federal appeals court recently held void a product contamination policy issued to H.J. Heinz Company on the basis that Heinz failed to disclose previous contamination claims on its insurance application. In 2014, Heinz...more

CPSC Recall Snapshot: January 2017

Welcome to the January edition of the Alston & Bird CPSC Recall Snapshot. December was a relatively quiet month for the CPSC, but major changes are most likely in store for 2017. If tradition holds true, Chairman Elliot...more

Lessons Learned and Compliance Trends from the VW and Takata Scandals (Part III of III)

When unraveling a major corporate scandal, especially multi-year schemes involving senior executives, the blame game or lessons learned approach can easily turn into a fruitless exercise. The VA and Takata scandals are...more

Takata – Criminal Airbag Scheme and Innocent Consumer Harm (Part II of III)

In my continuing review of corporate misconduct in the automobile industry, today we examine the Takata Corporation scandal for its airbag scheme. Takata is a manufacturer and supplier of automotive safety equipment. It...more

Certified Used Vehicles for Sale Can Have Unrepaired Defects

Used Car Dealers Not Required to Fix Safety Recalls Before Selling Automobiles - Have you recently purchased a certified used vehicle or are you considering a used car when you make your next automobile purchase? If so,...more

Landmark decision of the German Federal Supreme Court: Cease and desist orders comprise the obligation to recall infringing...

BGH, 29th September 2016 – I ZB 34/15, published on the 10th January 2017 - The German Federal Supreme Court decided on the 29th September 2016, published on the 10th January 2017, to the surprise of many that a cease...more

FDA Adverse-Event Reports Go Public

Years of adverse-event reports documenting problems associated with compromised food, dangerous drugs and harmful cosmetics are now available to the public. The information can be obtained, free of charge, via a downloadable...more

The Road to Recall: Evaluating Defects for Substantial Product Hazard

The U.S. Consumer Product Safety Commission (CPSC or the Commission) is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant to...more

Looming Takata Bankruptcy Presents Risk and Uncertainty to Trade Creditors

In the latest sign of the Takata Corporation airbag fall-out, on December 26, 2016 BMW announced that it will recall nearly 200,000 of its cars in China with Takata airbags. Takata and its 19 OEM customers face potential...more

CPSC Recall Snapshot: December 2016

Welcome to the December edition of the Alston & Bird CPSC Recall Snapshot. There has been another twist in the rare earth magnet saga. In November, the Tenth Circuit threw out the CPSC’s rule that restricted the size...more

You Should Know - December 2016

Presenting America’s Top Safety and Justice Stories of 2016 - Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? Well, here’s one more for you...more

Update on Second Circuit Ruling in Church & Dwight v. SPD Swiss Precision Diagnostics “Weeks Estimator” Home Pregnancy Test...

Last month we summarized the Second Circuit’s important decision in a dispute between plaintiff-appellee Church & Dwight and its principal competitor, defendant-appellant SPD Swiss Precision Diagnostics, concerning SPD’s...more

Preparing for the Unexpected with Product Recall Insurance

Companies often incur substantial costs implementing and responding to product recalls. A children's product recall might include any of the following costs, among others...more

Rare Court Decision in CPSC-Backed Enforcement Action

A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)-backed lawsuit. United States v....more

CPSC Recall Snapshot: November 2016

Welcome to the November edition of the Alston & Bird CPSC Recall Snapshot. Last month, the CPSC announced a $3.8 million civil penalty against Best Buy for selling recalled products. The CPSC’s press...more

Second Circuit Affirms Ruling that SPD Swiss Precision Diagnostics Falsely Advertised Clearblue Weeks Estimator Home Pregnancy...

In an important recent false advertising decision in a suit brought by home pregnancy test manufacturer Church & Dwight against its principal competitor SPD Swiss Precision Diagnostics, a Second Circuit panel unanimously...more

Breaking: Court Rules Positively For CPSC In Federal Civil Penalty Case Against Spectrum Brands

We do not get many court decisions in the CPSC world, but yesterday we received one. Last evening, a Wisconsin federal district court essentially held in the Government’s case against Spectrum Brands, Inc. (Spectrum) that...more

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