Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

All over the news today, beginning on the morning radio and on CNN during the lunch hours, there were reports on Mattel recalling 9 million popular toys in the United States and 18.2 million toys globally because of lead content or faulty magnets which may be easily put in the mouth by little children.

For those who know about recalls, they may be periodically checking the United States Consumer Products web site or cspc.gov, but for the average consumer, the reports are also able to be checked on CNN.com.  The majority of the Mattel recall are Polly pocket dolls, Batman figures, Barbie dolls, and Pixar toys.

How will the recall hurt Mattel’s business and what are the legal liabilities?  For those working on consumer products they may know that having a recall is a good thing because it gives notice to the consumer that the product is not working well or otherwise defective, and should be returned.  If the consumer does not return the item, the consumer may not get any damages should an accident occur because the consumer had notice of the problems and continued using the item.  If the consumer does not return the item or it is not known if the consumer knew about the recall, the manufacturer should at a later date send another notice, and perhaps a replacement product such that the consumer is again given awareness of a problem with the product bought.