As a Miami children’s safety and injury lawyer I am amazed at the number of products recalled by the U.S. Consumer Product Safety Commission every month. But like the toothless FDA, the CPSC does no testing or certification of products before they are sold to consumers. Nor does the CPSC recommend brands that are deemed to be the safest. Since 1972 the CPSC has been charged with protecting the public from injury or death from thousands of products. Until last year CPSC did not have the legal authority to require a manufacturer to recall a product. Now manufacturers that violate a mandatory recall notice could face a penalty of up to $100,000. Yet, there is no obligation by a manufacturer or retailer to return a consumer’s money if their product is recalled.
Our dangerous product injury lawyers recommend that if you learn of a product that has been recalled that you immediately stop using it and contact the CPSC’s toll-free hotline 800-638-2772 and also fill out his online form. While a recalled product does not necessarily mean that other products manufactured by the same company are unsafe, I recommend that you either stop using them or use them only with extreme caution.
In addition to checking the CPSC website frequently, consumers should subscribe to their email subscription link to get same-day notifications.
The CPSC relies upon consumers to report unsafe products, yet many consumers have no idea how. We recommend that you report the unsafe product to the CSPC online as well as the manufacturer and retailer in writing. You may be surprised to learn that others have also reported the same product and can verify this by researching the CPSC injury data bank. Sadly, very few injuries from dangerous products are ever reported.
Pursuant to Section 214 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) a mandatory recall notice must be transmitted by at least two methods: Either by letter, email, text or website posting or radio, TV or newspapers. Manufacturers can also send out direct recall notices to consumers. This is why we recommend that you always fill out the paperwork that comes with new products so that manufactures can locate you in case of a recall.
Aronfeld Trial Lawyers is a Broward County personal injury law firm that is dedicated to the protection of Florida’s families and the safety of our children.