Stipe Injury Law Blog

Oklahoma City Personal Injury Lawyers

Role of the FDA in Product Recalls

Monday, February 23, 2009

The Food and Drug Administration is one of the many government entities that have been charged with safe-guarding the public from harmful products. This doesn't include only food and drugs, but dietary supplements, blood products, medical devices, cosmetics and more. Their legal authority entitles them to enforce the way products are marketed to the public, as well as being able to force recalls of these products if they do harm. The FDA's list of legislation stretches back to laws created at the beginning of the 20th century.

Organized into several different divisions, including the Center for Drug Evaluation and Research and the Center for Veterinary Medicine, the FDA often works in conjunction with other federal agencies. And, like federal agencies are, the FDA has been a lightning rod for criticism. Because they have oversight on regulating products that affect the lives of every citizen in this country, they are sometimes blamed for failing to act soon enough, or acting at all, when these products injure and kill.

The role of the FDA when a product is recalled really depends on if the manufacturer of the company voluntarily takes action or not. While the FDA cannot “order” a company to recall a product, it will take serious action if they have notified that company their product is causing harm and the company continues to market the product to the consumer. This is done under the Federal Food, Drug, and Cosmetic Act. Ordering a court requested recall, injunction of the targeted firm, and seizure of the offending product are all actions the FDA can take with this law.
Guidelines
The FDA monitors manufacturers and companies for any sort of product that may be hazardous. They expect that the firms in the US will take responsibility for their products and that they will voluntarily recall them if there is a problem. These companies must also notify the FDA when they have initiated a recall. The FDA must then make sure that any defective product has been fixed or destroyed after it has been recalled. However, the FDA has created three classes that all recalls fall into and will notify the company of the class their recalled product falls into. The three class guidelines are:

  • Class I - These recalls are for the most dangerous products that can cause serious health problems or death
  • Class II - These recalls are for products that may cause health problems deemed temporary or may only pose a slight threat of more serious threats
  • Class III - Although these recalls are for products that are unlikely to cause harm, the product in question may still violate FDA manufacturing or labeling regulations

Though the FDA's role in recalled products is to get the company to withdraw it if they won't voluntarily do so, as well as notify the public that a recall is under way, many people may have already been affected in a negative way. If someone is injured or has died as a result of a defective product, the FDA’s recall won’t do them any good. It is times like these when it may be in your best interest to contact an experienced product defect attorney.

If you are in the Oklahoma City, Oklahoma area, and you or a loved one has been harmed by a defective product, please contact Stipe & Belote, LLP.

posted by Patti at 3:41 PM 0 comments

Consumer Protection

Wednesday, February 11, 2009

You work hard so that you can buy things you either want or need. Many people need vehicles, medicine, and more to get by. When you have these things, you expect they will do what they're supposed to do. The car will run, the toaster will work, and the prescription pills you take will make you feel better. Sadly, this is not always the case.

We have all heard the term "lemon" as it is applied to vehicles that don't work the way they're supposed to. However, this term doesn't have to simply do with a vehicle not running. Many things can fail: airbags, brakes, tires. You may also consider other things you buy and don't work as lemons, too. Children's toys and highchairs, tools, food, and virtually anything you purchase as a consumer can fail. These failures can result in injury or even death. Many times this is the result of a flaw at the manufacturer or processing plant.

Different government entities have the role of protecting the population from being harmed by companies that are more concerned with making money than making products that actually work. Though the recent recall of salmonella-tainted peanut products made big news and the government took notice, and will hopefully render justice to the families of those who died, sometimes large companies are able to quietly get away with mistakes. In these cases, the affected parties may want to consider speaking to an experienced defective product attorney.

Defective product, or product liability, is a practice area Stipe & Belote, LLP, has experience in. Because you should not have to settle for simply taking your lumps when you are injured by a defective product, we help to ensure that you are provided with compensation, as well as make the company, large or small, accountable for their negligence.

Consumer protection should be taken seriously by those we assume will protect us. When that fails, and you or a loved one has been injured, you need to speak with someone who cares about your well-being. If you have become involved in an incident you believe was caused by a negligent party, please contact the experienced product liability lawyers of Stipe & Belote, LLP.

posted by Patti at 3:38 PM 0 comments

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