Product Recalls Overwhelm Consumers

Posted by: Salvatore J. Zambri, founding partner

                                                                                                                    

According to a recent article in the Washington Post, consumers are frequently bombarded with information overload regarding product recalls, resulting in "recall fatigue."  The current network in place for notifying consumers about product recalls simply doesn't work effectively.  Some people never learn that a product they own is defective and subject to recall and others believe that nothing bad will happen even though they know they have a recalled product.

The government's website Recalls.gov provides information readily available to customers, as well as opportunities to subscribe for e-mail alerts about specific products.  A planned smartphone application will soon become available to assist customers in checking recalls while shopping.

The Consumer Product Safety Commission (CPSC) maintains that they do a good job getting in getting dangerous products out of stores, but admit that their greatest challenge is getting dangerous products out of homes.

The risks of defective products and product recalls seem to have become everyday realities for consumers now.  Although educating the consumer is the current goal, preventing the incidents of dangerous products becoming available should ultimately be the goal.  Because of such an extensive array of products available, both domestic and foreign-made, consumers need to be aware of potential dangers and educate themselves before purchasing.

About the author:

Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" whose practice is dedicated to representing people in catastrophic personal injury matters, including product liability, medical malpractice and automobile accident claims. Mr. Zambri has also been named a "Super Lawyer" by Super Lawyer magazine (March/April 2009)--a national publication that honors the top lawyers in America.

Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms." To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.

If you have any questions about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.
 

McDonald's Recalls Shrek Promotional Glasses

On Friday, June 4, 2010, McDonald's announced a voluntary recall of some 12 million Shrek-themed promotional glasses that it sold in May and June, after finding trace amounts of cadmium in the cartoon designs baked onto them. Cadmium, a naturally occurring element, is a known carcinogen (cancer-causing substance) that has been linked to several other health issues.

If you have any of the pint-size McDonald's glasses featuring images of the characters Shrek, Fiona, Puss n' Boots, or Donkey, you are advised to stop using them immediately.

McDonald's will be offering a full cash refund for the glasses (valued at $3 per glass), which may be returned to any McDonald's restaurant location beginning Wednesday, June 9. Full details are available on a special part of the McDonald's website. You may also obtain information from their toll-free number at 1-800-244-6227.

Additional Information:

  • U.S. Consumer Product Safety Commission (CPSC) news release, pictures included
  • Associated Press article
  • McDonald's Official "Shrek Forever After Glassware Recall" website

Mattel: Exempt from CPSC Testing Rules?

Posted by: Salvatore J. Zambri, founding partner

Following the unprecedented number of toy and child furniture recalls in 2007, the Consumer Product Safety Improvement Act (CPSIA) was enacted to address safety issues, including mandatory third party testing for certain children's products, lead certifications for both domestic products and imports, and tracking labeling requirements. 

In a recent unanimous ruling, the Consumer Product Safety Commission (CPSC) voted to allow toy giant Mattel Inc. to conduct in-house safety testing in their "firewalled laboratories" rather than submit to third party testing.  According to CPSC, the approval was granted because Mattel could prove that its in-house testing could provide equal or improved consumer safety than that provided by an external laboratory.  Consumer advocate Don Mays, senior director of product safety at Consumers Union, publisher of Consumer Reports,  protests that, "It's a little bit like the fox guarding the henhouse." and added that " There is a potential conflict of interest."   Smaller companies which don't have the resources for internal testing laboratories criticized the CPSC's decision as being "extremely frustrating and unfair."

Confidence in the safety of children's products is of extreme concern for every parent.  I am inclined to agree with Mr. Mays--it smacks of a conflict of interest to have Mattel police its own products without independent oversight.  Too much is at risk--the safety of kids.  The CPSC ought to seriously and quickly reconsider its position.

 

Any questions or comments? 

About the author:

Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area.  The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including product defects, medical malpractice and serious truck and car collisions.  Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.  

Mr. Zambri was sought after to publish a chapter regarding product liability litigation in Aspatore Books - a company that is touted as "the largest and most exclusive publisher of C-1 Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most respected companies and law firms."  To read Mr. Zambri's publication, entitled "Constantly Preparing To Win", please click here.

Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects, automobile accident litigation, and safety improvements.

If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.   

 

 

CPSC Launches Searchable Database for Consumers

Posted by Salvatore J. Zambri, founding partner

                                                                                                   

On April 15, 2010, the Consumer Product Safety Commission (CPSC) voted to begin working on a searchable database, www.saferproducts.gov, intended to make complaints about unsafe products visible to the public.  Product recalls have been posted on the CPSC website for some time.  However, the new database will allow consumers to view concerns before any official action is taken on complaints from individuals and safety groups.  Congress ordered creation of the new database in 2008 as part of the Consumer Product Safety Improvement Act (CPSIA) that increased product safety oversight after a series of lead-paint toy recalls.  Consumer groups say the new site will help consumers make better-informed purchasing decisions. 

According to CPSC Chairman Inez Tanebaum, "The database has the potential to create a new generation of consumers educated about product hazards in and around their homes."   The new database is scheduled to go online in March, 2011. 

In its Report to Congress Pursuant to Section 212 of the Consumer Product Safety Improvement Act of 2008, CPSC states that the database "will result in increased effectiveness and greater productivity, as well as earlier product safety hazard detection and more rapid warnings to the public." 

SaferProducts.gov includes the following organizational goals:

  • raise public awareness of new, easier methods for reporting product incidents,
  • provide the public with new and innovative ways to learn of product incidents and notices of recalls,
  • increase public access to product information, including manufacturer comments and CPSC's responses to incident reports, and
  • enhance CPSC's ability to share information with other federal, state and local agencies.

Informed consumers make smarter decisions when purchasing products.  The new SaferProducts.gov database should allow American to make better, safer purchasing decisions.

About the author:

Mr. Zambri is a Past-President of the Trial Lawyers Association of Metropolitan Washington, D.C. and has been rated by Washingtonian magazine as a "Big Gun" and among the "top 1%" of all lawyers in the Washington metropolitan area. The magazine also describes him as "one of Washington's best--most honest and effective lawyers" who specializes in personal injury matters, including serious truck and car collisions. Mr. Zambri has also been repeatedly named a "Super Lawyer" by Law and Politics magazine--a national publication that honors the top lawyers in America.

Mr. Zambri is regularly asked to give presentations to lawyers and businesses regarding product defects and safety improvements.

If you want more information about your legal rights, please email Mr. Zambri at szambri@reganfirm.com or call him at 202-822-1899.