Understanding terms in California’s recall laws

The Product Recall Safety and Protection Act was added to the California law database in 2008, giving people more information about how recalls work in many industries. Whether someone has been injured in a car accident on the road or by a product at their home, if the injury can be tied to some sort of defect that should have warranted a recall, they may need to know about some of the key terms that are used in this law. This knowledge can make it easier to start a case.

For example, there are some distinct differences between the type of people who can sell these products. If someone is referenced as a commercial dealer, they could be involved in manufacturing and producing products, along with selling them. By contrast, if they are a wholesaler or a distributor, they can still sell the products to the end consumer, but they are not involved in the creation and manufacturing process.

Another important thing to note is that some sellers are considered to be “first sellers.” This indicates that the products that they sell are brand new. They have not been used by previous customers at the time that a transaction takes place.

Finally, consumers need to know why a recall can be issued. This is often done because of the Consumer Product Safety Act. The recall could be based around bringing the defective product back to repair it. It could also center around replacing that product with a new one. If a replacement is not offered, the recall could focus on refunding customers for the unsafe products that they already bought.

Source: California Legislative Information, “CHAPTER 2. Product Recall Safety and Protection Act” Aug. 17, 2014