January 31, 2023

Volume XIII, Number 31


January 30, 2023

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Recall Roundup: August

Even in a pandemic, some things do not change.  This month’s Recall Roundup finds the CPSC focusing on dangers that have been front and center for some time.  Specifically, the CPSC continues to focus its regulatory efforts on protecting consumers from product defects in all-terrain vehicles (ATV) and other recreational off-highway vehicles such as snowmobiles, golf carts, and utility vehicles.  The CPSC recently issued a warning to consumers about the risks associated with such products, especially as more consumers look for outdoor activities during the pandemic.  The warning cites to the CPSC’s Annual ATV Report of 2018, which identified almost 82,000 ATV-related injuries that required hospital treatment.  Nearly one-fourth of these injuries were sustained by children under 16 years old, the highest fraction of any age group.  There were also 264 ATV-related deaths in 2018, though this number is expected to rise as reporting is ongoing.  So far, the CPSC has issued 15 recalls for recreational off-highway vehicles in 2020.  In 2019, that figure was 20 recalls.

Unlike COVID-19, the dangers of lead are not novel as two recalls this month highlight the dangers posed by the presence of lead in consumer products, especially those targeted at children.  The first recall targets an insurance company’s plush stuffed animal distributed as a promotional item.  The recall covers over 635,000 units distributed over 15 years.  The second recall targets a major toymaker’s water guns and covers 53,000 units distributed over five months this year.  Manufacturers, distributors, and retailers should be mindful of lead levels in consumer products.  Lead poisoning is a serious disease that can cause learning disabilities and long-term health problems, especially for young children.

Total Recalls: 18

Hazards:  Injury (6); Violation of Federal Standard (5); Fire/Burn/Shock (3); Tip-Over (1); Laceration (1); Skin Irritation (1); Impact (1)

CPSC Recalls for August

Copyright © 2023, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume X, Number 253

About this Author

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...

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...