Class Action and Product Insights for Your Business
March 31, 2020 - Coronavirus (COVID-19), Product Liability, CPSC

CPSC Recall Remedies in the Time of COVID-19

Using Waivers to Curb COVID-19 Legal Exposure

The Consumer Product Safety Commission (CPSC) recognizes that companies everywhere are in the midst of responding to the impact of COVID-19 on business operations, including government stay-at-home orders that could see some operations temporarily close. Given these “extraordinary circumstances,” the CPSC issued a notice that companies may not be in a position to carry out recall remedies as originally planned. Typically, when a company issues a product recall, the CPSC identifies the remedies available to the consumer on its recall list. Now, however, the CPSC recommends that consumers check with recalling companies for details about how the company is handling the recall in light of COVID-19. We encourage consumer product companies to work with the CPSC to determine what the best alternative remedy should be under the circumstances. In addition, as stated in the notice, companies should continue to advise consumers not to use a recalled product.