April 16, 2011 |

Product Liability/Recall

Our client sold over 3 million units of a particular household item to a large retailer. The sales covered a period of five years, ending almost three years ago. Based on a number of consumer injury complaints (which we contend were dissimilar) the retailer suggested to the Consumer Product Safety Commission (CPSC) that it would consider a voluntary recall (which would ultimately be at our client’s expense). We investigated, we met with the sales representatives and we met with the individuals from China who were responsible for placing the orders, supervising the testing, etc. We then requested a face-to-face meeting with the retailer’s recall staff. We demonstrated how the product was manufactured and we demonstrated how it was similar to other products in the same category. More importantly, we pointed out that the product currently being sold (and for the last three years since our client was replaced by another vendor) was the same as our client’s product. Within two months the retailer and the CPSC formally withdrew their investigation.