Are You a Legal Professional?

FDA - Recall Types

Not every recall is for consumer goods like cars or electronics. Companies that make food, cosmetics, or drugs can also recall their products if they think that they pose a danger to public health, or the Food and Drug Administration (FDA) requires those companies to issue a recall. In either case, the FDA monitors the recall and consults with the company regarding the recall's effectiveness and whether the products are safe to be put back on the market.

How Do FDA Recalls Work?

An FDA recall begins when people within the FDA learn that a product which they regulate may be a danger to public health. The FDA finds out about dangerous products in many ways:

  • The producing company discovers a defect in their product and contacts the FDA;
  • The FDA receives reports of health problems stemming from a particular product;
  • The Centers for Disease Control (CDC) notices a trending health problem related to an FDA-regulated product; or
  • FDA employees conduct an inspection of a factory and determine that there is a likelihood that problems will arise.

Once the FDA determines that a recall is necessary, it works with the manufacturer to ensure that the product is removed from stores, hospitals, and doctors' offices. Many times this happens without the public's knowledge. The FDA only alerts the media in cases where the potential harm from the product is "serious." However, information about all product recalls is always available on the FDA's website.

Recall Classifications

The FDA splits its product recalls into three classes:

  • Class I: Recalls for products which could cause serious injury or death;
  • Class II: Recalls for products which might cause serious injury or temporary illness;
  • Class III: Recalls for products which are unlikely to cause injury or illness, but that violate FDA regulations.

What Should I Do if I Have a Recalled Product?

Even though we all try to be careful consumers, any one of us may end up purchasing a product which later gets recalled. If you discover that one of your products is the subject of an FDA recall, don't panic. Read about the reason for the recall; it's possible that the product only poses a danger to pregnant women or immunocompromised patients or some other narrow segment of the population. If the recall concerns a drug, call your doctor to find out whether you should keep taking the drug or if you need a new prescription.

If, after your research, you think the product may pose a danger to you, stop consuming it. If the product is non-perishable, like pills or cosmetics, you may want to keep the product in a safe place -- away from your other drugs or cosmetics and away from children -- since it may be important evidence if you decide to sue later. If the product is perishable, like meat or greens, you may wish to simply throw it out after saving your receipt and any relevant labels.

Be sure to raise any health concerns stemming from a recalled product with your doctor as soon as possible. After you are recovered, you may be able to sue the manufacturer for damages. This branch of law is fairly complicated, and you will need the guidance of an experienced local products liability attorney.

For more information, see FindLaw's sections on Toxic Chemicals and Materials and Defective Medical Devices.

Next Steps
Contact a qualified product liability attorney to make sure
your rights are protected.
(e.g., Chicago, IL or 60611)

Help Me Find a Do-It-Yourself Solution