What Does a Voluntary Recall Mean?

When a dangerous product is introduced onto store shelves, the U.S. Food and Drug Administration (FDA) can force companies to remove it from the market. However, many companies don’t wait for the FDA to act. Instead, they choose to issue voluntary recalls, proactively removing products they believe could pose risks to consumers.

These voluntary recalls serve as a safety mechanism in our consumer protection system. While the FDA oversees the process, companies can initiate recalls for any potential safety concern, whether a manufacturing defect, contamination risk, or design flaw could harm consumers. This proactive approach protects public safety and helps companies manage liability and maintain consumer trust.

Understanding how voluntary recalls work is essential for consumers. Whether you’ve purchased a recalled product or been injured by one, knowing your rights and the proper steps to take can significantly improve your safety and help you obtain any compensation you may be entitled to.

If you’ve been injured using a recalled defective product, contact the product liability attorneys at Munley Law for more information about your options.

Defining Voluntary Recalls and Their Importance

The FDA may take legal action to compel manufacturers and distributors to remove potentially dangerous products from shelves. However, before the FDA takes such action, a company can proactively address the issue by issuing a voluntary recall.

Companies can issue product recalls whenever they wish and for any reason. For example, even if the FDA hasn’t requested the company take any action, a company may nevertheless voluntarily recall a product because it identified a potential hazard that could put consumer safety at risk.

The FDA requests that companies issuing voluntary recalls notify their nearest FDA district office when doing so. The FDA will review the reason for the recalled product, as the FDA only considers a recall “official” if it’s issued because a product violates an FDA safety rule in some capacity. This is important, because if the FDA considers a voluntary recall to be official, it will typically monitor the progress of said recall.

Have you been affected by a product recall? Or, perhaps you were harmed by a defective product because a company failed to issue a voluntary recall in a timely manner. Contact our firm today to learn more about your potential legal options in these circumstances.

Who Initiates Voluntary Recalls?

Manufacturers have a responsibility to ensure consumer safety. They must vigilantly monitor for hazards and safety concerns that may indicate a product is unsafe for use.

Similarly, regulatory agencies, such as the Consumer Products Safety Commission, may be involved depending on the types of products a company manufactures or distributes. For example, a regulatory agency may inspect or otherwise evaluate a company’s food safety procedures to ensure compliance.

Companies issuing voluntary recalls may often issue one of the following:

• A proactive recall: Occurs when a company identifies a potential hazard and decides to issue a voluntary recall to guard against any injuries or other such consequences.
• A reactive recall: Involves a company issuing a recall in response to a relevant development, such as consumers being harmed while using a product.

There are also various ways companies can conduct recalls. In mandatory recalls, it’s typically necessary for companies to issue letters to all their affected accounts to inform them of the recall. The goal of this letter is, among others, to prevent stores from continuing to sell recalled products. Similarly, a company issuing a voluntary recall may publish some form of public notice to let consumers know a product is dangerous.

When companies don’t issue recalls for dangerous products, or don’t handle recalls properly, consumers can get hurt.

Understand your rights in product safety incidents. Contact our team for more information about your case.

Legal Implications of Voluntary Recalls

A recall can help prevent a defective product from causing harm. Limiting liability is often a common reason for a recalling firm to recall products in the first place. However, a recall may not prevent all accidents or adverse health consequences involving that product.

Many states have strict liability laws in regard to product liability cases. This means that when a dangerous product injures consumers, those consumers don’t need to prove negligence to show they deserve to receive compensation. They may be eligible for compensation simply because a product caused harm.

Seeking compensation may involve filing an insurance claim. If the insurance company refuses to offer a fair settlement, an injured party can seek justice by filing a lawsuit and fighting for damages in court. Those injured by defective products may be eligible to receive compensation for medical bills, lost wages, pain and suffering, and related losses.

Our attorneys can help with your product liability case. Get in touch today to discuss your legal options during a free consultation with a member of our team.

Consumer Rights and Protections During a Recall

As soon as you learn of a product recall, stop using that product immediately. Make sure others in your home are aware of the danger. If necessary, store products in a manner that children won’t be able to access them.

In the case of a food recall, you may not be able to preserve food products as evidence forever. However, before disposing of food products, you should document that you purchased them in the first place.

You may contact the company asking for a refund, repair, or replacement of a recalled product. Again, seeking compensation may be an option if a product causes harm.

Protect your legal interests with expert guidance. Contact our team to discuss potential compensation if you’ve been hurt using a dangerous product.

Types of Products Most Commonly Recalled

Some types of products are more likely than others to be recalled. These include:

• Automotive products
• Consumer electronics
• Medical devices
• Children’s products
• Household appliances

Have questions about a specific product recall? We’re here to help.

The Recall Process: From Discovery to Resolution

The exact way a company identifies an initial defect can vary. Sometimes, a company learns of a defect when it causes injury. In other instances, further review of a product may reveal a defect that was initially overlooked.

Depending on the circumstances, a company might investigate the matter further to confirm a defect. It will often begin issuing a voluntary recall by contacting sellers and publishing notices with recall information.

Remediation strategies can also vary. For example, a design defect may indicate a company needs to redesign the affected product entirely to ensure long-term safety improvements.

If you’ve been harmed by an unsafe product, contact us for a free consultation. At Munley Law, we’ll fight to get you the full compensation you deserve.