Girardi | Keese

An examination of the product recall process - II

In our last post, we started examining how the product recall process undertaken by the Consumer Product Safety Commission can unfold and how this effort can take anywhere from just a few weeks to upwards of a year depending upon the circumstances.

In today's post, we'll continue this examination of the how the agency tasked with overseeing more than 15,000 different types of consumer goods works to keep American consumers safe from dangerous and defective products.

4) The CPSC waits to see how the company responds to the results of the IDI

If the results of the in-depth investigation undertaken by the CPSC reveals that a recall should be undertaken, the company essentially has two options: Undertake a voluntary recall or refuse to take this step.

If the company opts for the latter option, the onus falls on the CPSC to take legal action. Specifically, if the agency can prove that the product in question is both defective and poses a substantial hazard to the public, it can file a lawsuit essentially calling for an involuntary recall to be ordered.

It should be noted that while it's rare for things to escalate to this point, the CPSC has in the past and probably will at some point in the future take this action.

5) The next course of action taken by the CPSC depends upon the results of the lawsuit

If the CPSC wins the lawsuit, the company may decline to appeal and instead decide to work with the agency to develop a solution to the problem. Once a plan of action is determined, the public will be notified and the necessary remedial measures by the company (replacement, repair, refund) will take place.

It's important to note that in the event the CPSC loses the lawsuit, it can still file an appeal and, if it emerges victorious at the appellate level, pursue the steps outlined above. Indeed, the same outcome would result if the company lost both the initial lawsuit and a subsequent appeal of its own.

Conversely, if the CPSC loses its appeal or if the company emerges victorious in its appeal, no recall would be undertaken.

Here's hoping the above information provided some valuable insight into how the otherwise complex product recall process works. In the meantime, remember that you can seek justice if you lost a loved one or suffered serious injuries because of a defective product.

Source: Popular Mechanics, "How a product recall works," Dan Koeppel, June 21, 2012

No Comments

Leave a comment
Comment Information

DISCLAIMER: Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result. Any testimonials and endorsements at this site do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter or potential legal matter.


The Soto Verdict

Girardi | Keese attorneys have won a $2.3M verdict for a Long Beach resident run over by a Parks & Rec truck. Read more here.

The Madero Verdict

Attorney Christopher T. Aumais persuaded a San Bernardino County jury to deliver an  exceptionally high verdict in an area known for low jury awards.

A Champion of Justice

Partner Amy Fisch Solomon was a Champion of Justice in 2015, proving that success in law isn't just about the size of your verdict or settlement.

Own a VW Diesel?

Read about VW's emissions scandal and 
our class action against the automaker.


Learn About Our Referral Network Read More

Our Attorneys

Meet our award-winning team Read More


The true measure of a lawyer isn’t the awards, but what the awards say about the lawyer: dedication and commitment to the client.

Review Us
Super Lawyers Distinguished AV | Lexis Nexis | Martindale-Hubbell | Peer Review Rated For Ethical Standards and Legal Ability American Association For Justice Consumer Attorneys Association Of Los Angeles Consumer Attorneys California Supreme Court Icon 7 Icon Best Lawyers | Best Law Firms 2014 | U.S. News American Board of Trial Advocates Law Dragon America's Top 100 Attorneys | Lifetime Achievement Martindale-Hubbell | AV Preeminent | Peer Review Rated For Highest Level of Professional Excellence | 2017