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When a product reaches the market, most Americans assume it is safe for consumption or use because it has undergone rigorous testing. Unfortunately, products that cause harm do occasionally make it into the marketplace and remain available for purchase long after the harm is discovered. In some cases, these allegedly harmful consumer products can cause serious illness, injury, or in severe instances, death.
Even when manufacturers receive reports highlighting safety concerns associated with their products, it can take months or years for them to take the necessary action to protect consumers. In this blog, the product liability attorneys at Wisner Baum explain why unsafe products remain on the market and what consumers can do to protect themselves and their families.
While there are regulatory agencies designed to protect consumers, including the U.S. Food and Drug Administration and the Consumer Product Safety Commission (CPSC), it can often take months or years for a product to be recalled. It is alleged that in order to protect profits, some companies may delay action on products that may be defective or dangerous.
Agencies, like the CPSC, are only able to review a fraction of products each year and often rely on self-reporting. They are further bound by Section 6(b), 15 U.S.C. § 2055(b), a provision of the Consumer Product Safety Act (CPSA) which limits the Commission's ability to publicly disclose information. At a minimum, the Commission must provide the manufacturer at least 15 days’ notice and an opportunity to comment before publicly disclosing product-specific information to consumers. This, along with budget cuts, outdated approval processes, and a lack of public awareness, allows the sale of harmful products to continue.
For decades, companies have used a number of strategies to keep unsafe products on the market. Despite receiving reports of adverse reactions or harmful effects, some companies have waited months before initiating a recall or informing consumers about the potential dangers.
Tactics companies use to delay recalls or updated safety information include:
According to the FDA, over 83,000 products were recalled over the course of a ten year period (2014-2024). Given the large and growing number of dangerous products on the market, consumers are encouraged to remain vigilant and to report any safety concerns about a product to the manufacturer as well as to the agency in charge of regulating it. Individuals can check the FDA’s database for recall information on a specific product or can report it directly to the agency in charge.
Where to report unsafe products:
Reporting illnesses, injuries, or any type of adverse reaction related to an unsafe product is critical. When adverse reactions are documented and tracked, it can help to bring awareness to the potentially dangerous product, influence a recall decision, and protect others from similar harm.
When a company sells an unsafe product, consumers can suffer serious harm. Whether it is a defective medical device, dangerous drug, or malfunctioning consumer product, these things can result in hospitalization or even death. If a dangerous product makes it to market and causes harm to consumers, it may be subject to recall. This means anyone injured by these products may have the right to take legal action. Litigation can bring public awareness to the issue and help to pressure companies to improve safety or remove a dangerous product from the market.
Personal injury and product liability lawsuits can help to hold companies accountable for their alleged wrongdoing as well as providing compensation for consumers who were harmed. Recovery in these lawsuits may include recovery for medical bills, long-term care, lost wages, disability, pain and suffering, and more.
Consumers who attempt to gain compensation on their own are often disheartened by the inexhaustible resources of major manufacturers. An experienced attorney can help to subpoena internal documents and uncover corporate practices that caused or contributed to consumer harm.
The product liability and mass tort lawyers at Wisner Baum have extensive experience litigating cases involving harmful products. Our attorneys are industry leaders who have held corporate giants accountable for their alleged wrongdoing, often serving on leadership and steering committees in major mass tort litigation. These cases and their settlements or verdicts have helped to expose the potential dangers of many unsafe products and have influenced industry-wide improvements.
Current Wisner Baum lawsuits involving harmful products:
If you believe that a consumer product, including a defective medical device or dangerous drug, has caused you harm, it is important to take action.
First, document any injuries or symptoms that you believe were caused by the product. Seek medical treatment for any illness or injury and keep detailed records. Preserve packaging, labels, or safety information related to the product, including information with serial numbers or other product data.
Next, consult with a knowledgeable attorney about your rights and how to report the harm that you suffered. Provide a copy of any medical bills or injury-related documents to your attorney. Follow their guidance in how to take legal action or join existing litigation.
If you or someone in your family believe a consumer product harmed you, contact Wisner Baum today for a free case evaluation. Our firm has decades of experience holding companies accountable in personal injury and wrongful death lawsuits. We also have a proven track record in class action litigation.
Consumers who have suffered harm may be eligible for compensation and are encouraged to act now to ensure timely legal action. Wisner Baum is a leader in mass tort litigation and product liability cases and will work tirelessly to get the justice you deserve. Contact our office today to get started.
