KJ McElrath  |  August 24, 2019

Recall Overview

A recall of a consumer product usually means that a product is being removed from the market and will no longer be sold to the public. The manufacturer will typically ask those who’ve purchased the product to return it for modification, replacement or refund.

A product recall can happen for many reasons which can vary from minor defects in construction to toxic ingredients or dangerous components.In some cases, it may be a defective component, such as an automotive door handle that fails to lock properly — in which case the manufacturer will offer to have the component replaced or repaired free of charge.

Contrary to common public perception, most product recalls are initiated by the manufacturer of the product in question. In the case of medications, medical devices, and some food products, the Food and Drug Administration may ask the manufacturer to conduct a recall. Mandatory recalls are issued only when serious health consequences or death are involved.

Definitions

Product recalls under the FDA’s jurisdiction fall into one of four distinct categories:

  • Market Withdrawal: This is the least serious type of recall. Typically, market withdrawal involves a minor defect that can easily be corrected by repairing or replacing the product. However, there are cases in which a market withdrawal is issued because of product tampering or a problem that developed after it has left the factory. A recent example was the “Chiobani Yogurt Incident.” In 2013, the company discovered that some lots of its products were contaminated with a mold commonly found in dairy production. It was not life-threatening, but could cause some minor bloating and discomfort.
  • Class III: The product being recalled may pose a hazard of minor injury or other health effect. They may be in violation of federal regulations, but the danger of illness or injury is not immediate. An example is Abbott Laboratories’ 2010 recall of 5 million cans of Similac infant formula after some containers were found to contain warehouse beetles and their larvae.
  • Class II: The health or injury risk is more serious, though treatable and reversible. Class II food recalls generally involve the possibility of botulism or other contamination. A prescription medicine may be subject to a Class II recall if it is mislabeled or possibly contaminated. Medical devices under a Class II recall typically malfunction in a way that may lead to a misdiagnosis or  incorrect treatments, or they fail to operate properly.
  • Class III: This is the most serious type of recall. It is issued for situations in which the product is deemed to present a serious danger of permanent injury or death. If the FDA uses its legal authority to order a recall, it is under Class III.

Legal Issues

There have been cases in which a product makes it to the market despite defects or risks unforeseeable by consumers. Product liability lawsuits claim that manufacturers were indeed aware, or should have known about the defects and risks before releasing the product and failed to take steps to warn or protect consumers.  In many of these injury cases, the manufacturer is found to be responsible or any illnesses or injuries suffered by plaintiffs.

Lawsuits and Settlements

Often, the defendant in a product liability lawsuit will choose to settle with plaintiffs. Recent examples include the recent Takata Airbag Products Litigation and the massive recall of valsartan and other blood pressure medications due to a risk of carcinogenic contamination.

In such settlements, plaintiffs receive compensation, but the defendants are not required to admit liability.

10 thoughts onWhat Is a Recall?

  1. Catherine lytle says:

    My Hyundai was stolen and it was on the news that Hyundai and Kia owners were to be reimbursed if it was stolen and received back or if u did not get it back u were to be reimbursed for tow fees Rental and ect haven’t heard anything else about that how to get in touch with the corporate office about the settlement or lawsuit

  2. Quarbeth L Nyaulingo says:

    Add me

  3. Mario F Barragan says:

    Please add me

  4. Belynda Cantrell says:

    My 2000 Ford was parked & locked 3/9/2023 on a relatively level ground after about 10 mins started to roll and hit a RV 3 times missing a truck and lading on a dumpster! Thank God for a cattle guard! How can Ford allow a faulty linkage issue when Ford vehicles are known for this issue… When I took it in to have vehicle checked!

  5. Mable E Young says:

    I have a 2016 Dodge Carvan all door locked and could not get them to unlock with the key or manually. My daughter got stuck in it for about 45 minutes or so until the police and fire department could get her out. It was so scare has anyone else had the problem? Is there a recall on this problem? Or does anyone know the fix for it?

  6. Jill Ehrman says:

    I have replaced two door issues now I have a third lock issue on a 2018 purchased at a leasing company in delray beach

  7. Vince Toolen says:

    I have a 2016 Chrysler Town & Country Touring ED van. In November the drivers side rear door locked and would not open either manually or electronically. We try opening it several times with no success. I had to replace the rear door actuator at a cost of $1,000. How many vehicles have to report this problem before a Class Action suit can begin? I am not the only one having this problem with a Chrysler or Dodge Van.

  8. Jennifer says:

    Hello,
    Owner of a 2017 Dodge Grand Caravan SXT. Approximately 66,500 miles on the van. I heard the grinding noise one week and then it stopped that day. I tried to use the passenger side back door and it’s stuck in a lock position. I’m very concerned as I have two car seats back there! I hope there is a recall soon!

  9. Patti Bell says:

    I hit a deer 2 months ago. I called everyone in the companyhTucson to a CEO They have done npthing!!!!!!!!!!!!!!!!!!!!! Im on Oxygen( PTL I haddent turned it on yet,or I wouldnt br here) and the airbag dep]oyed was stranger.It filled uo and started to deflat,,,Then droppprd on my side blewup and caught on fire.I have never been so scared. Car totaled….in bed for over a month both collar bone broke.6 broken rbs 5 fractures.they have been watching my side were it blew up.So far spso good other cant hardly walk pain wipelass.caught my shirt on fire PTL I had a big sweather was able to smoother the fire out,to get the hell out.Then realize knot 14 teeth out aloosI loss 32lbs cant eat.Im on disability cant afford teeth. I call all them.1 tp let them know so NO ONE gets burnt up/Other to cover teeth.With no help I need to suie Patti [email protected] They have a week to help me out.Not asking for much.BUT I WILL

  10. Nate says:

    2018 Dodge Caravan with 54,000 miles. Sliding door stuck in the closed position. The vehicle made a grind noise every time the doors locked. Eventually completely going out in the locked position.

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