Product Liability Lawyers

: Background and Definitions of Recalls

Background and Definitions of Recalls

Recalls are actions taken by a firm to remove a product from the market. Recalls may be conducted on a firm's own initiative, by FDA request, or by FDA order under statutory authority.

Class I recall

A situation in which there is a reasonable probability that the use of or exposure to a violative product will cause serious adverse health consequences or death.

Class II recall

A situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.

Class III recall

A situation in which use of or exposure to a violative product is not likely to cause adverse health consequences.

Market withdrawal

Occurs when a product has a minor violation that would not be subject to FDA legal action. The firm removes the product from the market or corrects the violation. For example, a product removed from the market due to tampering, without evidence of manufacturing or distribution problems, would be a market withdrawal.

Medical device safety alert

Issued in situations where a medical device may present an unreasonable risk of substantial harm. In some case, these situations also are considered recalls.

Recalls and Class Action Case Evaluation

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