Product recalls happen every day for every type of product. From cars to candy bars, it’s likely that someday, something you have purchased or been given will be recalled. If you want to avoid harmful products but aren’t familiar with the recall process, this article is for you. It breaks down how recalls happen, what they mean for consumers, and how Schlesinger Law Offices can help protect your rights and hold negligent parties accountable if you’re affected.
What is a Recall?
When a product is contaminated, defective, or otherwise unfit for sale, consumers deserve to be informed and protected. It’s the manufacturer’s responsibility to identify the problem, alert the public, and remove unsafe products from the market. Federal agencies like the FDA and CPSC oversee this process to ensure companies act quickly and honestly. Recalls may be voluntary, initiated by the company, or prompted by these agencies when safety laws are violated. Whether it involves food, medicine, cosmetics, or furniture, buyers have the right to expect safe products.
How Do Recalls Work?
Hazard Identification
The recall process often begins when consumers report a potential hazard. Complaints made directly to manufacturers or through government portals can reveal that a product is defective, contaminated, mislabeled, or otherwise unsafe. Once identified, companies and regulators investigate and determine whether a recall is necessary.
Regulatory Review and Risk Assessment
When a potential hazard is identified, regulatory agencies such as the FDA and CPSC investigate the risk and determine the appropriate response. This may involve product testing, on-site inspections, and review of safety data.
The FDA classifies recalls into three levels:
- Class I: A reasonable probability that use or exposure could cause serious injury or death.
- Class II: May cause temporary or reversible health problems.
- Class III: Unlikely to cause harm but violates FDA regulations.
The CPSC uses a similar risk-based approach that considers:
- Severity of potential injuries
- Likelihood of those injuries occurring
- Who is at risk and how they’re exposed
Recall Decision
Once a hazard is confirmed, a recall decision follows. The company can voluntarily initiate the recall, or the regulatory agency may request or order it. In rare cases, agencies can use legal authority to compel a recall when a company refuses to act. If the company refuses to recall a product, the regulatory agency may issue a Product Safety Warning. While not an official recall, it still alerts consumers to potential dangers.
Public Notification and Consumer Instructions
Once a recall is initiated, the company and regulatory bodies issue public warnings and recall notices. These announcements explain how customers can:
- Contact the vendor or manufacturer
- Return or safely dispose of the product
- Request a refund, replacement, or repair
- Comply with all safety measures outlined in the recall notice
Do Recalls Work?
In 2025, the CPSC announced a large recall of about five million above-ground pools sold by Bestway, Intex, and Polygroup. The pools had a design issue that created a drowning hazard by allowing young children to climb in unsupervised.
After safety reports and consumer complaints surfaced, the CPSC worked with manufacturers to investigate and issue a recall. The companies provided free repair kits and clear instructions for correcting the problem. Since the recall was announced, no additional safety incidents have been reported, showing how coordinated action between consumers, regulators, and manufacturers can make products safer for everyone.
Who’s Liable?
When a defective or dangerous product causes harm, a recall doesn’t always shield a company from responsibility. Manufacturers, distributors, and even retailers can be held liable if they designed a faulty product, ignored warning signs, or delayed action after learning about a risk. Lawsuits have involved everything from auto defects to unsafe beauty products, and the examples below show that companies can be held accountable for their negligence.
Grimshaw v. Ford Motor Co. (1981)
The infamous Ford Pinto is a classic example of a recalled product that resulted in legal consequences. Auto manufacturer Ford Motor Company faced multiple lawsuits when their Pinto model was found to have a seriouis defect. The car’s fuel tank could rupture in rear-end collisions. Ford was allegedly aware of the defect but did not redesign or recall the vehicle immediately. In one high-profile case, a jury awarded $127.8 million in damages (later reduced by the judge to $3.5 million) for injuries and deaths linked to a rear-end crash and resulting fire.
Michael Perry v. American International Industries (2024)
In October 2019, the U.S. Food and Drug Administration flagged a specific lot of Johnson’s Baby Powder after detecting asbestos. This triggered a wave of lawsuits. In one landmark case, the plaintiff was a long-time user of the company’s talc-based powder and was later diagnosed with mesothelioma. He claimed the product caused his disease. A South Carolina jury awarded him $63.4 million in damages.
Boar’s Head Deli Meat Recall & Consumer Lawsuits (2024)
In July 2024, Boar’s Head issued a massive recall of deli meats after a listeria outbreak sickened multiple consumers. The recall affected more than 7 million pounds of product from its Virginia plant and forced a temporary closure of the facility. The outbreak prompted a class-action lawsuit alleging negligent manufacturing and failure to warn. Boar’s Head ultimately agreed to a $3.1 million settlement to resolve those claims.
Do I Have a Case?
Recalls play a vital role in protecting consumers, but they don’t erase the harm already done. If you or someone you love was injured or became ill from a product that was later recalled, you may have the right to seek compensation.
A recall does not prevent you from filing a legal claim. In fact, recall evidence can strengthen your case by showing that experts agreed the product posed a serious enough safety risk to warrant a recall.
Because deadlines and rules vary by state, it’s important to act quickly. Waiting too long could limit or even bar your claim under the statute of limitations.
Do I Need a Lawyer?
Product liability cases are complex and often involve large corporations with extensive legal teams. A skilled attorney can level the playing field and make sure your claim is handled correctly from the start.
Here’s what a lawyer can do to help:
- Investigate the facts to determine what went wrong, how the product caused harm, and whether the company failed to warn consumers.
- Collect evidence, including medical records, purchase documentation, expert opinions, and recall reports.
- Evaluate your legal options to dentify the strongest path forward, whether through negligence, product defect, or breach-of-warranty claims.
- Negotiate or litigate for a fair settlement or take your case to court to recover medical costs, lost income, pain and suffering, and other damages.
- Handle deadlines and filings to ensure every step complies with the strict procedural rules that govern product liability cases.
If you’ve been harmed by a recalled or defective product, don’t wait. Contact Schlesinger Law Offices today for a free case evaluation and learn how we can help you hold negligent companies accountable.
Consumer Safety Tips:
What Should I Do If I’ve Purchased a Recalled Product?
- Stop using the product immediately. Carefully follow the instructions listed in the recall notice.
- Seek medical attention if you’ve been hurt. Keep track of symptoms, keep medical bills, and document any treatment you receive.
- Keep all packaging, purchase receipts, and take photos of damage or injury.
- Report adverse effects to the proper agency and manufacturer.
How Can I Find Out About Product Recalls?
- Federal agencies post up-to-date product recall information, including detailed press releases from the companies recalling the products. Some useful pages include:
- Signing up for email alerts or following these agencies on social media can be an easy way to stay in the know about recent recalls.