Promptly initiating and properly conducting a product recall can be imperative to the well-being of consumers, as well as your bottom line. Genesis has experience working with businesses and the federal government to determine when and how best to perform a recall.
The Genesis hallmark is its high-quality, low-cost approach. Cost-saving technologies allow us to provide exceptional legal service at reasonable hourly rates. Explore the links and videos on this website to learn more, or call us toll free at 866-631-0028 to speak with one of our knowledgeable attorneys.
Frequently Asked Questions:
Our products come from China. Do you speak Chinese? Many of us do, including a fully bilingual staff person, a fully bilingual attorney, and at least who lawyers who speak intermediate-level Mandarin.
I’d like to research product recalls on my own. What government agency and laws should I take a look at? The primary government agency involved in product recalls is the U.S. Consumer Products Safety commission (CPSC), whose website is http://www.cpsc.gov/. The Consumer Product Safety Act (CPSA) is located within 15 U.S.C. Chapter 47. Relevant Consumer Product Safety Commission regulations are located in 16 C.F.R. Chapter II. And the U.S. Consumer Product Safety Commission Fact Track Product Recall Program is described at http://www.cpsc.gov/businfo/fasttrak.pdf.
I might need to perform a product recall. What information should I gather? Usually you will want to gather the following facts: a list of the retailers and distributors to whom you sold the potentially harmful product, those retailers’ and distributors’ contact information sorted by zip code or state, information on any resulting injuries, identification of how and why the product presents a danger, and the feasibility of repairing or replacing the product as opposed to refunding consumers’ money. You will then use this information prepare and evaluate a corrective action plan (CAP).
Our company is hesitant to conduct a product recall, because the recall process might disclose our trade secrets. Is there a way of protecting our confidential information while complying with product recall laws? Yes, you can protect information by marking it confidential. The law prevents CPSC from disclosing protected information to the public.
If we perform a product recall, could it be used to prove our culpability in product liability cases? The oversimplified answer is no. Evidence Rule 407 specifically prohibits litigants from using subsequent remedial measures such as a product recall to prove culpability. Of note, however, an injured party can use a product recall against you in other ways, such as to prove the feasibility of precautionary measures. Generally, performing a product recall is worth the risk, because it protects the public and reduces the likelihood of future damages.