January 31, 2023

Volume XIII, Number 31


January 30, 2023

Subscribe to Latest Legal News and Analysis

Recall Roundup: April

A consumer recently filed a products liability lawsuit against Keurig regarding its mini plus brewing system—a coffee maker that Keurig recalled at the end of 2014. Keurig recalled the brewing system after receiving about 200 consumer reports, including 90 reports of burn-related injuries, regarding the brewing system’s pressurized water overheating and spraying out of the machine. The lawsuit alleges that Keurig waited too long to recall the brewing system and therefore failed to warn consumers of the product’s defects. This lawsuit serves as a reminder to manufacturers, distributors and retailers that actions or inactions prior to issuing a recall may be subject to scrutiny and litigation.

Recently the CPSC has focused its regulatory efforts on child-resistant packaging. April had seven products recalled for violations of federal standards on such packaging. March also had seven such recalls. The CPSC’s regulatory authority over child-resistant packaging stems from the Poison Prevention Packaging Act of 1970, 15 U.S.C. §§ 1471-1476. Regulations issued under this act require child-resistant packaging on many harmful household products to prevent children under the age of five years old from gaining access to those household products that could cause serious illness or injury. The CPSC has issued guidance for child-resistant packaging and it is reasonable to expect the CPSC to continue this trend of regulatory enforcement in the near future.

Total Recalls: 24

Hazards: Violation of Federal Standard (8); Fire/Burn/Shock (9); Fall (1); Tip-Over (1); Laceration (1); Injury (1); Crash (1); Failure to Alert (1); Choke (1)

Copyright © 2023, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume X, Number 135

About this Author

Jonathan L. Caulder Associate Retail Consumer Products

Jon is a commercial litigator handling post-M&A disputes, products liability issues, environmental challenges, and appellate litigation.

During law school, Jon served as an extern for the Honorable Michael F. Urbanski of the United States District Court for the Western District of Virginia. Jon also interned in the office of Chief Staff Attorney for the Supreme Court of Virginia.

Before attending law school, Jon worked in the education field as a sixth grade math teacher for Teach for America in Warren County, North Carolina.

Jon is admitted to practice before the...

Kelly L. Faglioni Partner Retail Consumer Products

Kelly practices as a commercial and regulatory litigator on products liability and post M&A disputes and issues and serves as one of the firm’s Deputy General Counsel focusing on law firm ethics, conflicts, and risk management issues.

Kelly’s litigation experience spans both commercial and regulatory litigation before state and federal trial and appellate courts, regulatory agencies, and alternative dispute resolution forums. A significant amount of her litigation practice has focused on product issues that have included compliance, recall, investigations, retail sale, warranty...