Kurzban Kurzban Tetzeli & Pratt | Attorneys At Law

What is the product recall process by the FDA?

On Behalf of | Mar 16, 2016 | Products Liability |

While residents in Florida are under the general impression that the consumer goods that they use on a daily basis are safe, the unfortunate reality is that some harmful and defective goods enter the retail market. A dangerous or defective product could injure or impact the health and well being of a consumer; therefore, it is important that steps are put in place to signal that a product should be recalled — or pulled from the market and corrected.

The U.S. Food and Drug Administration controls the product recall process for FDA-regulated product found to be either defective of potentially harmful to consumers. Whether a company voluntarily recalls a product after knowledge of defects or dangers or the FDA issues a product recall, the FDA’s role is to oversee a company’s strategy to recall the product and how adequate the recall is.

What is the product recall process by the FDA? When a recall is issued, the public needs to hear about it so current and potential consumers can avoid dangers. After the FDA inspects the problem and determines that a recall is necessary, the FDA will only seek publicity about a recall if it is necessary for them to avoid hazards. If a recalled product has been widely distributed, new media is often the most effective method to alert the public. Additionally, the FDA could hold press conferences, issue press releases and add updates to its website.

After a recall is completed, the FDA will take steps to destroy the dangerous or defective product or make sure that it is suitably reconditioned.

While product recalls seek to take dangerous or defective products off the market, it is still possible that a consumer could suffer harms because of an improperly recalled product. In these matters, an injured consumer should understand that they might have recourses available. A products liability claim could help the consumer seek compensation for the damages and losses suffered in the incident.

Source: Fda.gov, “FDA 101: Product Recalls,” accessed March 14, 2016



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