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Top FDA Recalls and CPSC Recalls that KBA Is Investigating

  • December 27, 2024
  • KBA Attorneys
  • No Comments

WhatThere have been several product recalls. Some are consumer products we have seen through the U.S. Consumer Product Safety Commission. Others are medical devices we learned about through the FDA. Here’s a list of top recalls for KBA:

  1. Impella recall
  2. RMU recall
  3. Accolade Pacemaker recall
  4. Boston Scientific PolarX recall
  5. BioZorb recall
  6. Cartiva Toe Implant Recall
  7. Stanley Switchback and Trigger recall
  8. Nerf Helmet
  9. Medical King Bed Rail Recall
  10. PowerXL Air Fryer Recall

There is a mix of recalls from FDA and CPSC. Our product liability lawyer works on both kids of recalls, medical devices and consumer products. Different agencies regular each, but in both, we work to establish liability via industry standards and best practices. We work to tell your story to capture the full scope of damages.

What does the FDA do and What is an FDA recall?

What Does the FDA Do?

The Food and Drug Administration (FDA) is a federal agency responsible for protecting public health by ensuring the safety, efficacy, and security of various products, including food, drugs, medical devices, cosmetics, and more. The FDA plays a critical role in regulating industries and providing oversight to prevent harm to consumers.

Key Functions of the FDA:

  1. Approving Medical Products: Before drugs and medical devices are made available to the public, the FDA evaluates their safety and effectiveness.
  2. Monitoring Products Post-Approval: Even after approval, the FDA continues to monitor products for potential risks or adverse effects through reports and studies.
  3. Issuing Guidelines: The FDA provides guidance to manufacturers to ensure compliance with safety and quality standards.
  4. Conducting Inspections: To maintain high standards, the FDA inspects manufacturing facilities and processes.
  5. Enforcing Regulations: If a product violates laws, the FDA can take action, including issuing warnings, fines, or legal penalties.

What Is an FDA Recall?

An FDA recall occurs when a product is removed from the market because it poses a risk to public health or fails to meet regulatory standards. Recalls can involve food, drugs, medical devices, or other products under the FDA’s jurisdiction.

Types of FDA Recalls:

  1. Voluntary Recalls: Manufacturers or distributors initiate these recalls when they discover a safety issue with their product.
  2. FDA-Requested Recalls: If the FDA identifies a serious problem, they may formally request a recall.
  3. Mandatory Recalls: In rare cases, the FDA has the authority to mandate a recall, especially when the manufacturer does not cooperate.

Reasons for a Recall:

  • Contamination or defects in the product
  • Packaging errors, such as incorrect labeling
  • Adverse effects reported by consumers
  • Failure to comply with manufacturing standards

Recall Classifications:

Recalls are categorized based on the severity of the risk:

  • Class I: The most serious, where the product could cause severe harm or death.
  • Class II: Less severe, but the product may cause temporary health issues.
  • Class III: The least severe, where the product is unlikely to cause harm but still violates FDA regulations.

Why This Matters to You

If you’ve been injured or suffered harm due to a defective product, understanding the FDA’s role and the recall process can be critical to your case. Our experienced product liability lawyers can help determine if negligence by a manufacturer or other party contributed to your injury. Contact us for a free consultation to learn more about your legal rights.

What does the CPSC do? What is an CSPC recall?

The Consumer Product Safety Commission (CPSC) is an independent federal agency tasked with protecting the public from unreasonable risks of injury or death associated with the use of consumer products. These products range from toys and household appliances to furniture and recreational equipment.

Key Functions of the CPSC:

  1. Setting Safety Standards: The CPSC establishes mandatory safety standards for various products to prevent accidents and injuries.
  2. Testing Products: The agency conducts tests to identify potential hazards in consumer goods.
  3. Investigating Complaints: It investigates consumer complaints, reports of injuries, and product malfunctions to determine risks.
  4. Educating the Public: The CPSC raises awareness about product safety and provides guidance to consumers on how to use products safely.
  5. Enforcing Recalls and Bans: If a product is deemed hazardous, the CPSC can enforce recalls or ban the product entirely.

The CPSC oversees thousands of product types but does not regulate food, drugs, cosmetics, or medical devices (those are under the FDA’s jurisdiction).


What Is a CPSC Recall?

A CPSC recall happens when a consumer product is found to pose a risk of injury, property damage, or even death. The recall process involves removing the product from the market and notifying consumers to prevent further harm.

Reasons for a Recall:

  • Products that fail to meet safety standards (e.g., lead contamination in toys)
  • Manufacturing defects that make the product dangerous
  • Design flaws that could result in injury
  • Failure to include necessary warning labels or instructions

Types of CPSC Recalls:

  1. Voluntary Recalls: Often initiated by the manufacturer in cooperation with the CPSC after identifying a safety issue.
  2. CPSC-Enforced Recalls: The CPSC can enforce a recall if the manufacturer is uncooperative or the risk is severe.

What Happens During a Recall?

  • The CPSC announces the recall through its website, social media, and press releases.
  • Consumers are typically advised to stop using the product immediately.
  • Manufacturers may offer refunds, replacements, or repairs to address the issue.

Why This Matters to You

If a defective product regulated by the CPSC has injured you or a loved one, you may be entitled to compensation. Our experienced product liability lawyers can help you hold manufacturers, distributors, or retailers accountable for unsafe products. Contact us for a free consultation to discuss your case and learn more about your legal options.

When to Contact a KBA Product Liability Lawyer?

If you or a loved one suffered an injury from a recalled product, you should speak to a product liability attorney. Our legal team is happy to help, submit a form to contact us now. Call us at 855-KBA-LAWS (522-5297) or via email at Info@KBAAttorneys.com