Children's Product Safety — CPSC Recalls and Related Class Actions

How CPSC recalls work, when a parent should claim a refund vs. file an injury claim, and which juvenile-product recalls have an open class action right now.

The two regulators you should know about

Children's product safety in the United States is split between two agencies. The Consumer Product Safety Commission regulates almost everything: toys, juvenile gear, infant products, household items children come into contact with. The Food and Drug Administration regulates infant formula, baby food, and pediatric drugs and devices. CPSC is where you'll spend most of your time as a parent.

How CPSC recalls work

CPSC posts every active recall at cpsc.gov. Each recall lists the affected product, the hazard, the remedy (refund, replacement, or repair), and the contact information for the recalling company. Recalls of children's products almost always include a free remedy — refund or replacement — for any consumer who returns the product as instructed.

When to claim a refund vs. file an injury claim

If your child's product was recalled but no one was hurt, follow the recall instructions and accept the refund or replacement. If your child suffered an injury that you believe was caused by the product, document everything — photos of the product, photos of the injury, medical records, the recall notice — and contact a participating consumer-protection attorney for a free review. Injury claims are different from recall refunds and may qualify for separate compensation.

The most common juvenile-product class actions

• Lead and phthalate contamination in painted toys, jewelry, and plastic items.
• Magnet ingestion injuries from high-powered magnetic toys.
• Defective car seats with harness or buckle failures.
• Crib and bassinet recalls for entrapment hazards.
• Stroller and high-chair recalls for fall, tip-over, and entrapment risks.
• Battery-related fire hazards in electronic toys.

Filing on behalf of a minor child

The parent or legal guardian files the claim using the child's name and date of birth. The settlement check is typically issued in the parent's name. Some settlements involving substantial injury awards require court approval of the settlement on behalf of the minor — the administrator will tell you if that applies.

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