Butane Propane News Publishes Article on Product Recalls in the Amazon Era

In the News

Stinson LLP Partner Tom Davis, who leads the firm's Product Liability practice group, authored a Butane Propane News article, "Product Recalls in the Amazon Era."

With the rise of the internet suppliers, like Amazon, and big-box companies selling products formerly sold exclusively in occupational or industrial supply chains, Davis details the ease in which consumers can gain access to products, like industrial propane equipment. The article provides insight on self-reporting to the Consumer Product Safety Commission (CPSC) and how to prepare for a product recall if a product is defective and ends up in homes or is used recreationally.

"Even if a product is sold primarily to industrial or occupational buyers, it can still be a 'consumer product' if it is distributed for ultimate consumer use or advertised and marketed for consumer use," Davis writes. "Where the line is becoming harder to draw is in products once almost exclusively sold through specialized distributors to certain occupations —but which can now be found at big box stores or online and can be purchased by anyone, even if the buyer has little-to-no training on the use of such products."

Using a hypothetical example of a propane adapter valve being defective and needing to be recalled, he examines whether self-reporting or reporting to CPSC online is needed. Davis concludes, "Legal counsel is still often necessary to help determine whether self-reporting is actually required. However, proactive management involving potential recall situations and the use of the online resources and portal at the CPSC can usually help avoid a costly and risky situation posed by an enforcement action."

With over three decades of experience, clients look to Davis to minimize their risks from catastrophic accidents, and product liability matters, both before and after litigation ensues. He collaborates with his manufacturing clients to develop warning programs and risk management strategies. Davis also helps resolve insurance coverage disputes involving insurance coverage and claims of bad faith.

Read the full article.

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