News & Analysis as of

Product Defects Product Recalls

Morrison & Foerster LLP - Class Dismissed

CPSC Releases Annual Report On Deaths And Injuries Involving Nursery Products

During September 2024’s “Baby Safety Month,” the Consumer Product Safety Commission (CPSC) published its annual report detailing injuries and deaths associated with nursery products among children under the age of five. CPSC...more

Oberheiden P.C.

Allergan Breast Implant Lawsuits: 6 Things to Know

Oberheiden P.C. on

Thousands of lawsuits have been filed against the Ireland-based medical device company Allergan for a unique type of blood cancer that has been linked to its textured breast implant. The U.S. Food and Drug Administration...more

Morrison & Foerster LLP - Class Dismissed

CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer Of Smoke Detector

On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon...more

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

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In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Bergeson & Campbell, P.C.

CPCS Finds Amazon Responsible under CPSA for Hazardous Products Sold by Third-Party Sellers on Amazon.com

The U.S. Consumer Product Safety Commission (CPSC) announced on July 30, 2024, that it issued a Decision and Order against Amazon.com, Inc. (Amazon). CPCS states that, in a unanimous vote, it “determined that Amazon was a...more

Searcy Denney Scarola Barnhart & Shipley

The Role of the FDA in the Exactech Recall: A Critical Analysis

Exactech has issued multiple recalls for its implantable joint replacement devices over the past few years. While Exactech has largely issued these recalls voluntarily, it has done so at the request—and with the oversight—of...more

Searcy Denney Scarola Barnhart & Shipley

Lessons Learned from the Exactech Recall: How We Can Improve Medical Device Safety in the Future

In response to scrutiny from the U.S. Food and Drug Administration (FDA), Exactech has recalled hundreds of thousands of defective medical implant devices sold between 2004 and 2021. Despite these recalls—which began in...more

Woodruff Sawyer

Preparing for the Unexpected: A Product Recall

Woodruff Sawyer on

The risk of a product recall has increased in recent years due to changing global regulatory standards. Contributing factors include geographically widespread supply chains and different manufacturing protocols among nations...more

Morrison & Foerster LLP

CPSC Hearing on 2025 and 2026 Agenda and Priorities

The U.S. Consumer Product Safety Commission (CPSC or the “Commission”) has scheduled a public hearing on May 8, 2024, to hear stakeholders’ views on the Commission’s priorities for fiscal years 2025 and 2026. This annual...more

Searcy Denney Scarola Barnhart & Shipley

Alternatives to the Exactech: Exploring Other Surgical Tools and Techniques

Over the past couple of decades, hundreds of thousands of patients in the United States have received defective medical implants manufactured by Exactech. While the U.S. Food and Drug Administration (FDA) has identified...more

Searcy Denney Scarola Barnhart & Shipley

A Timeline of the Exactech Recall: How it Unfolded

Exactech has recalled hundreds of thousands of implantable ankle, knee, hip and shoulder replacement devices over the past few years. If you or a loved one received an Exactech implant in 2004 or later, it will be important...more

Morrison & Foerster LLP

CPSC at ICPHSO: Reese’s Law and Mandatory eFiling Requirement

In this final installment of our series (see part 1, part 2, and part 3) discussing CPSC’s presence at the 2024 International Consumer Product Health and Safety Organization’s annual symposium, we present two smaller, but...more

Searcy Denney Scarola Barnhart & Shipley

The Legal Implications of the Exactech Recall for Patients and Hospitals

Exactech is a manufacturer of medical implants, including ankle, knee, hip and shoulder replacement devices. Unfortunately, due to poor manufacturing practices and quality control issues, Exactech has been forced to recall...more

Searcy Denney Scarola Barnhart & Shipley

What to Do If You've Been Affected by the Exactech Recall

If you have had problems with an Exactech ankle, knee, hip or shoulder implant, you are not alone. At the request of the U.S. Food and Drug Administration (FDA), Exactech has recalled hundreds of thousands of defective ankle,...more

Searcy Denney Scarola Barnhart & Shipley

Exactech Shoulder Replacement Systems: What You Need to Know

Exactech is a medical device company that has faced numerous lawsuits in recent years. These lawsuits have focused on various issues with the company’s implantable medical devices, including issues that the company has...more

Searcy Denney Scarola Barnhart & Shipley

The Exactech Recall: A Quick Synopsis and Update on What You Need to Know

Exactech is a medical device company that manufactures implantable joint replacements. It is also a company that has faced numerous lawsuits related to its products in recent years. In many cases, Exactech has acknowledged...more

Searcy Denney Scarola Barnhart & Shipley

Searcy Denney Is Pursuing Claims on Behalf of Families Affected by Dangerous WanaBana Applesauce Pouches

Our firm is actively pursuing claims against WanaBana USA and other companies on behalf of families affected by WanaBana USA’s dangerous applesauce pouches. On October 28, 2023, the U.S. Food and Drug Administration (FDA)...more

Venable LLP

Product Safety and Recalls: An Excerpt from the Advertising Law Tool Kit

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Join us over the next few months as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk....more

Venable LLP

Ad Law Tool Kit Show – Episode 1 – Product Safety and Recalls

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Listen to a clip from Episode 1 of our new podcast, the Ad Law Tool Kit Show. In this episode, partners Melissa Steinman and Erin Maus talk to host Len Gordon about product safety and recalls. Check out the episode....more

Searcy Denney Scarola Barnhart & Shipley

The Impact of the Exactech Recall on Patient Safety

Exactech has recalled hundreds of thousands of its implantable medical devices. This includes ankle, hip, knee and shoulder implants that the company shipped to doctors’ offices and hospitals across the country. These recalls...more

Cooley LLP

The Jury Has Spoken: Two Executives Convicted in Groundbreaking Consumer Product Safety Prosecution

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In November 2023, a jury convicted two corporate executives of conspiracy and failure to report information about defective residential dehumidifiers as required by the Consumer Product Safety Act (CPSA). The jury verdict is...more

Cooley LLP

International Product Recall – The Basics You Need To Know

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Increasing globalization of product markets brings tremendous opportunities for product manufacturers. New technologies enable companies to reach consumers in markets all around the world, and rapid geographical expansion is...more

Marshall Dennehey

In-State Flea Market is Not a Seller of a Product and No Negligence Duty Exists for a Flea Market That Merely Markets and...

Marshall Dennehey on

Leibig v. MTD Products, Inc., Civ. No. 22-4427, 2023 WL 3689983 (E.D. Pa. May 25, 2023) - The plaintiff, a Pennsylvania citizen, brought suit in Philadelphia County, claiming injuries suffered from a defective snow thrower...more

Dechert LLP

Unprecedented Escalation of Injunction by French National Agency for Medicines and Health Products Safety

Dechert LLP on

In June 2021, Philips notified the ANSM of a field safety action that related to the potential risk of degradation and inhalation of carcinogenic compounds from the sound-absorbing foam used in its ventilation devices for...more

Searcy Denney Scarola Barnhart & Shipley

FDA Reports Sterilization Issues in EzriCare Factory: Bacterial Contamination in Artificial Tears Products

Earlier this year, the US Center for Disease Control and Prevention (“CDC”) spotted an outbreak of a rare bacterial infection in 11 (now 16) different states, associated with multiple different infection types, particularly...more

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