Some manufacturers are attempting to bypass the recall process of the United States Consumer Product Safety Commission (CPSC), potentially endangering consumers. The process is known as a “silent recall,” and involves the company contacting consumers, store owners and dealers directly without going through the legal process of a recall. These recalls circumvent safety regulation and testing and can potentially endanger consumers.
Here is just one example: An unshielded ATV exhaust was subject to a silent recall. The exhaust could potentially cause the vehicle to catch fire after extended use. Given the severity of the problem, it is shocking the manufacturer did not initiate a standard recall for this product. Instead, the company provided repair kits to dealerships and included them with new vehicles without notifying the CPSC.
Companies engaging in this practice are skirting safety regulations and laws. Since the recalls are not announced through an official program, many consumers may not be aware of having a defective product, and may not turn them in or seek repairs.
Most of the incidents still appeared as incidents on www.saferproducts.gov despite manufacturers not reporting these incidents thanks to consumers reporting the issues themselves. This is the official site of the CPSC. It lists safety incidents reported by consumers or manufacturers, notifies of recalls, and provides safety information.
Manufacturers are required by law to notify the CPSC of hazards. Without CPSC involvement, repair kits and other solutions to the problems may not get tested. Typically, in an official recall, CPSC engineers would test a fix for a product before it is given to consumers. Skirting the official recall process avoids this, potentially endangering consumers. The CPSC has said that it is investigating these “silent recalls.”
If you suspect that you may have been injured by a defective product, call the experienced Philadelphia products liability lawyers at Galfand Berger. You may be able to file a products liability action and recover damages to compensate you for any harm you have suffered. For your free consultation with one of our knowledgeable and highly skilled Philadelphia personal injury lawyers, call today at 800-222-8792 or submit an online contact form