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A new bill introduced in the California legislature proposes to overhaul the state’s product recall liability framework—and depending on where you sit in the supply chain, the consequences could be far-reaching. Assembly Bill 2462 would amend the state’s Product Recall Safety and Protection Act to redefine who qualifies as a “manufacturer,” broaden the scope of cost-free recall obligations, and dramatically increase penalties for violations. Introduced by Assembly Member Pellerin on February 20, 2026, the bill’s provisions would apply across the consumer product supply chain, touching manufacturers, importers, distributors, wholesalers, retailers, and, most notably, brand licensors.

Continue Reading The Hidden Recall Risk in Your Licensing Agreement: What California’s Assembly Bill 2462 Could Mean for Your Business

Register now to join Crowell & Moring for “Between the Lines: What CPSC Enforcement Data Reveals for 2026 and Beyond” to explore the latest regulatory enforcement trends and gain a forward-looking perspective on what 2026 and beyond may bring. The webinar will take place on Thursday, May 7, 2026 from 2:00 – 3:00 p.m. ET.

Continue Reading Register Now! Between the Lines: What CPSC Enforcement Data Reveals for 2026 and Beyond

The year 2025 saw an increase in recall class actions challenging false advertising, labeling, and recall remedies across consumer goods, from household products to pet food. One persistent question for courts in these recall cases is whether the plaintiff has Article III standing, which often hinges on “traceability.” These cases do not appear to be slowing down in 2026, as consumers are becoming even more conscious and selective about the products they purchase, driving greater scrutiny and risk for product companies across all industries.

Continue Reading 2025 Recall Class Action Wave: False Advertising, Mislabeling, and Traceability Shape the Litigation Trends

Register now to join Crowell & Moring for “Recall Execution Bootcamp: Practical Skills for Fast-Track Recalls,” a webinar that will cover the fundamental steps and considerations to execute a recall in a manner that minimizes business disruption and ensures compliance with regulatory expectations. This webinar will take place on Thursday, January 22, 2026 from 3:00 – 4:00 p.m. ET.

Continue Reading Register Now! Recall Execution Bootcamp
Recall

In vitro fertilization (IVF) is one of the most common types of fertility treatment, but the process is also extremely sensitive, invasive, and expensive. All of these factors come into play in a series of recent lawsuits following CooperSurgical’s December 5, 2023 recall of three lots of its embryo culture media—a substance that allows for the development of fertilized embryos. According to the company’s announcement, CooperSurgical had received a high number of customer complaints indicating that its embryo culture media caused impaired embryo development.

Continue Reading Recall Litigation Report: CooperSurgical Faces Multiple Lawsuits Following Recall of IVF Embryo Culture Media

Greetings from Orlando, FL! The Crowell product safety team is currently attending the annual meeting and training symposium of the International Consumer Product Health and Safety Organization (ICPHSO). We just heard keynote remarks from the Chair of the U.S. Consumer Product Safety Commission (CPSC), Alexander Hoehn-Saric, and wish to share some highlights. As he did in October 2023 at the ICPHSO International Conference in Sweden, Chair Hoehn-Saric focused his remarks on addressing products sold on or through online marketplaces.

Chair Hoehn-Saric first set the stage by sharing some important data points. In 2023, the CPSC announced more than 300 product recalls; levied more than $52 million in civil penalties; engaged in 14 new mandatory safety standard rulemakings; screened more than 60,000 harmful products at the ports; and participated in numerous safety education campaigns. He also noted the budget uncertainty at the CPSC and the need to “do more with less” and stated that the CPSC will always “put consumers first” as they prioritize their work should the CPSC budget decrease.

Continue Reading CPSC Chair Hoehn-Saric Addresses Annual Product Safety Conference  
Recall

Products are commonly recalled due to a hazard (i.e., a risk of harm), even where large swaths of consumers have never had a problem with the products they purchased. When those consumers then file suit, they often seek to recover economic harm based on the “benefit of the bargain” theory—because the recalled products that they previously purchased are now worth less than what they paid for them. Where a consumer does experience the hazard (i.e., suffers personal injury or property damage) and subsequently files suit, that suit often seeks to recover not just economic harm but also for personal injury or property damage. Regardless of the nature of the harm, the alleged injury naturally precedes any recall of the product.

Continue Reading Recall Litigation Report: Consumer Lawsuit Alleges Electrolux Dehumidifier Caused Church Fire Years After Recall
Recall

The second half of 2022 proceeded much like the first, with manufacturers busy navigating recalls and related litigation, although not necessarily in that order.

Philips CPAP/ BiPAP Machines Still Under Fire

Philips is still battling an onslaught of cases stemming from a June 2021 recall of CPAP and BiPAP breathing machines, including a consolidated consumer class action, In re Philips Recalled CPAP, Bi-Level PAP, & Mechanical Ventilator Products Liability Litigation, No. 2:21-mc-01230 (W.D. Pa.), MDL No. 3014, and a medical device supplier suit, Baird Respiratory Therapy, Inc. v. Philips, 2:22-cv-00886 (E.D. Pa.). Since early 2021, there have been reports of over 260 deaths and thousands of health problems associated with the degrading polyurethane foam found in these devices, which was used inside millions of CPAP and BiPAP machines for over a decade. Philips claims that it has produced over 3.95 million repair kits and replacement devices to date and continues to research potential health risks to users from its machines. Despite these efforts, its legal troubles will continue into 2023, with even more consumer-facing lawsuits, including Braverman v. Koninklijke Philips N.V., No. 2:22-cv-7927, which was first filed at the end of December 2022 in the U.S. District Court for the Eastern District of New York and is one of the first CPAP/BiPAP suits to allege the inhalation of the toxic foam particles caused mouth and tongue cancer.

Continue Reading Recall Litigation Report: Year in Review (2022)
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Companies faced with a potential product recall are often concerned with possible adverse publicity and increased litigation risk. But a quick and comprehensive recall can be the very tool that stops a lawsuit in its tracks. In a recent Law360 article titled, “Quick and Comprehensive Recall Moots Claims and Proves an Effective Tool in Defeating…

Companies take note: over the past month or so, the U.S. Consumer Product Safety Commission (CPSC) has issued four unilateral press releases instructing consumers to stop using a product. Since May of this year, that number rises to seven. If that number does not seem high, consider this: between 2011 and 2019—a nine-year period—the agency issued two. So, what exactly is a “unilateral press release” and what does the agency’s issuance of four over recent weeks mean for you?

Continue Reading CPSC Enforcement Trend: Unilateral Press Releases