What This Recall Notice Establishes — and What It Does Not
A recall is an action, coordinated with the CPSC, in which a product is taken out of sale or use because of a reported safety hazard; it can be voluntary or ordered. Federal law spells out what a recall notice ordered under it generally contains. Under 15 U.S.C. § 2064, such a notice generally includes, unless the CPSC finds an item unnecessary, a description of the product, the action taken, the number of units, a description of the hazard and the reasons for the action, the manufacturers and significant retailers, the dates of manufacture and sale, the number and a description of any injuries or deaths along with ages and the dates the CPSC received the information, a description of the remedy and how to obtain it, and other information the CPSC deems appropriate.
So a recall notice records a reported hazard, the incidents reported, and an official remedy. It is not a court finding that the product caused any specific injury or that any firm is liable.
That difference sits at the center of product liability, the area of law that addresses whether a manufacturer, distributor or seller may be responsible for harm caused by a product. Product liability claims usually turn on whether there was a defect. In general terms, there are three kinds: a design defect, where the product's design is unsafe; a manufacturing defect, where a particular unit was made incorrectly; and a warning defect, where the product lacked adequate warnings or instructions.
The CPSC uses its own definition of defect for deciding what firms must report. Under 16 C.F.R. § 1115.4, "a defect is a fault, flaw, or irregularity that causes weakness, failure, or inadequacy in form or function," and it "can also occur in a product's contents, construction, finish, packaging, warnings, and/or instructions." That regulation governs reporting to the CPSC; it does not decide an injury claim, which state law governs.
Whether a person injured by a recalled product has a legal claim depends on the specific facts: a duty, its breach, causation and damages, or, in a defect claim, a defect and causation. A recall can be part of that picture, but it does not answer those questions on its own. Readers comparing records may find the CPSC notices described on the site's Samsung Galaxy Note 7 recall and Anker burn recall pages useful as examples of how other notices are worded.