Hunton Retail Law Resource

The beginning of the New Year experienced a drop off in recalls as the busy holiday season came to a close. Nevertheless, two important trends developed throughout January.

First, outdoor recreational vehicles have clearly been a focus of the CPSC’s jurisdiction recently. Off-road motorcycles were recalled in November, scooters and all-terrain vehicles were recalled in December, and now off-road utility vehicles, electric skateboards and scooters have been recalled in January. Manufacturers, distributors and retailers should monitor and comply with these recalls carefully. As a reminder, CPSC prohibits the placement of recalled products into the stream of commerce under 15 U.S.C. § 2068. The CPSC enforces this prohibition and, in fact, recently issued a $3.8 million penalty against a major retailer for the distribution and sale of recalled products.

Second, lithium ion batteries reemerge on the CPSC’s recall list, continuing a trend from 2015 and 2016. But, rather than cell phone batteries, these expanded recalls are for batteries from two major laptop manufacturers.

With the Super Bowl around the corner and recent headlines about furniture tip-overs, a few notes about falling TV incidents are in order. According to a CPSC study, an estimated annual average of 15,580 emergency department-related injuries and 279 reported fatalities are associated with TV tip-overs. The CPSC concluded that these accidents likely could have been prevented if the TVs were anchored and placed on secured, stable and appropriate furniture. Manufacturers, distributors and retailers should consider whether their TVs come with adequate warnings and instructions about the risks associated with TV tip-overs.

Total Recalls: 9

Hazards: Fire/Burn/Shock (6); Choking (1); Fall (1) Serious Injury/Death (1)

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