Protecting the Rights
of Injury Victims

Thomas DeLattre and Glen D. Wieland

Law protects manufacturers when recalls or alerts are issued

On Behalf of | Jun 18, 2019 | Product Liability |

As a consumer, you expect the products that you purchase to be safe. There are laws in place to keep unsafe products out of the marketplace; however, these laws aren’t foolproof. Unfortunately, loopholes do exist that can make it difficult to impossible to keep unsafe products off shelves. The applicable laws can also make it possible for companies to hide the dangers of their products.

The Consumer Safety Product Safety Act contains vital information about how products must be handled if they aren’t safe. One section of this act, Section 6(b), requires that manufacturers of unsafe products provide permission to reveal their name or any information that could point to them. It also enables companies to negotiate the statements that will be issued and the information that can be provided to the public when there is a recall or alert issued.

This section was added in response to manufacturers claiming their reputation was being tarnished when these were issued without them being able to review safety concerns. Opponents of this section note that this puts manufacturer profits above the public’s safety. They want the provisions in Section 6(b) removed so that these recalls and alerts are much more transparent.

One important note here is that the Consumer Product Safety Commission is the only agency bound by that section. If the National Highway Traffic Safety Administration or the Food and Drug Administration issues a recall, they don’t have to get permission to name the manufacturer.

When you suffer an injury from a product, filing a report of the incident is important. This sets the record about what happened. You might also choose to seek compensation to help cover the costs associated with the accident.

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