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Consumer Law September 8, 2010
 
Consumer Law
 

FDCPA Protection from Abusive Collection Measures

In 1977, Congress enacted the federal Fair Debt Collection Practices Act (FDCPA).  Even though many states have enacted similar laws, ...(more)

 

Renters Insurance Coverage

Like homeowners insurance, renters insurance may be purchased to cover specific liabilities associated with renting property. However, renters insurance lacks ...(more)

 

The Equal Credit Opportunity Act Prohibits Discrimination

In response to concerns that women and minorities were unfairly discriminated against in applications for loans and credit, Congress enacted ...(more)

 

The Recall of Hazardous Toys

The U.S. Consumer Product Safety Commission (CPSC) regulates the distribution of 15,000 types of consumer products that pose an unreasonable ...(more)

 

Consumer Law News Headlines

Business not ready for Consumer Protection Act

California foreclosure bill is losing steam

Georgia Advised to Apply for Health Insurance Scam Refund

Rite Aid Subpoenaed by Blumenthal Over Connecticut Drug Price Changes

Stolen Wallets, IDs Most Common Causes of ID Fraud

FDA Recalls: An Overview


When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the defective product, while other recalls are ordered by the FDA.

Can the FDA Order a Recall?
The FDA does not have the authority to "order" recalls. Instead, under the Federal Food, Drug, and Cosmetic Act, the FDA may "request" the recall of a harmful consumer product if the manufacturer is unwilling to recall the product without the FDA's written request.

In April of 2008, the "Safe Food Enforcement, Assessment, Standards and Targeting Act of 2008" was proposed and immediately received the support of produce and food service industry leaders. The bill would enpower the FDA with the ability to initiate food recalls and would provide safety requirements to identify and prevent sources of foodborne illness.

FDA's Guidelines Imposed on Companies for Product Recalls
Title 21 of the Code of Federal Regulations, Part 7 details the guidelines for companies to follow when recalling a harmful consumer product. Under these guidelines, companies are expected to:

  • Develop a recall plan in case there is a need for a recall
  • Notify the FDA of the recall and the starting date of the recall
  • Make progress reports to the FDA
  • Comply with the FDA's request for a recall, if there is one
  • Undertake subsequent checks to make sure that the recall is successful

FDA's Role and Duties in a Recall
The only instances where the FDA will order a recall are when the recall involves a medical device, human tissue products, or infant formula. Moreover, the FDA has the authority to determine the scope and extent of these recalls. Under the guidelines outlined in Title 21 of the Code of Federal Regulations, the FDA's role is to:

  • Monitor the company recalls
  • Assess the company's actions
  • Investigate the product for its defectiveness
  • Make sure the product is either destroyed or reconditioned

Types of FDA Recalls
There are three types of recalls. These classes are defined by the severity of the harm it may potentially cause the general public.

  • Class I - recalls dangerous or defective products that may cause serious health problems or even death
  • Class II - recalls less dangerous products than Class I, that may cause only temporary health problems
  • Class III - recalls products which may not cause severe health problems

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