How Does an FDA Recall Work?
- posted: Nov. 20, 2020
- Product Liability
Occasionally, the U.S. Food and Drug Administration (FDA) issues a recall of a product when the agency determines it is either defective or potentially harmful in some way. A company may discover a problem and issue a recall of a product on its own, while in other cases, the FDA will discover the concerns and force the recall. You can learn more about FDA recalls here. The following are the general steps to an FDA recall:
- Initiation of the recall: The company behind the product might voluntarily issue the recall itself, or the FDA could request or mandate a recall. Ever since the Food Safety Modernization Act of 2011, the FDA typically does not wait as long for businesses to voluntarily recall their products before mandating a recall.
- Clarification that the action is a recall: If a company voluntarily initiated the recall, the FDA issues a clarification that the action was indeed a recall. This is done to better inform the public.
- Notifications and public warnings: The FDA works with the company issuing the recall through all the necessary steps needed to notify the public and/or any impacted individuals or organizations. These notifications can help prevent any further damage from occurring to people as a result of the product.
- Monitoring the recall: The FDA has a comprehensive audit system in place, ensuring that each aspect of the recall gets carried out and is effective.
- Termination of the recall: The FDA determines the point at which the recall may be safely terminated, and then provides written notification of the termination to the company that issued the recall.
If you have used a product or consumed food that was dangerous or defective and was later recalled, it may be possible to seek compensation through a product liability lawsuit against the negligent party. For more information on filing a dangerous products claim, call Calwell Luce diTrapano PLLC at 304-400-6558 or contact our West Virginia law firm online to schedule an appointment.