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Who initiates recalls?

by | May 25, 2018 | Products Liability |

It is common for many in The Woodlands to picture private companies as being inherently secretive and only concerned with building a healthy bottom line. Yet you and other rest comfortably knowing that regulatory agencies are out there protecting you from these big businesses. Once word gets out a potentially dangerous product is out there, it swoops in swiftly to launch a recall in order to get said product of yours and general public’s hands.

Yet is that how it really happens? According to the U.S. Food and Drug Administration, not at all. In fact, it mentions that it rarely initiates recalls. Instead, most come from the manufacturers themselves. While this may seem shocking at first, it becomes easier to comprehend once you understand the investment that manufacturers make in their products. That investment goes far beyond monetary resources. Every time a company stamps its name to a product, it also puts its reputation on the line. While that reputation no doubt takes a hit when a product is found to be harmful or defective, it may be redeemed if the company takes swift action to resolve it.

So what is the role of regulatory agencies like the FDA in the recall process? Manufacturers are required to contact them when issues arise. The regulators then use their widespread reach to alert the public. Both sides then typically work hand-in-hand to manage the recall. The manufacturer will present its recall plan to the regulatory agency, who will then monitor the situation to ensure not only that the plan is followed, but that all reasonable measures are taken to limit public access to the recalled product.

It should be noted than even when a manufacturer initiates a recall on its own, it is still liable for any damages that product causes.