FTC Expert Opines on Allegedly Insufficient Time Window for Nationwide Recall Order

Case Overview

This case involves a company in Colorado that was ordered to remove products from retail outlets in a nationwide recall. The plaintiff filed a complaint alleging that defendants had made false and unsubstantiated claims in connection with their advertising and sale of various cosmetic products. The court concluded that the defendants violated the order by making unsubstantiated advertising claims for their products. The defendants were ordered to recall all products with alleged violative product packaging and labels from retail stores. They were required to submit a written report to the court within 4 weeks of this order on the status of the product recalls. It was alleged that this amount of time was not sufficient time for a nationwide recall.

Questions to the Nursing Home expert and their responses

What kind of knowledge do you have of nationwide recalls- the proper protocols and the amount of time that should be given to ensure products are removed?

I have worked since 1974 on FDA Drug and related issues, and have been personally involved with approximately 40 product recalls. My familiarity with FTC procedure led to a paid assignment advising the FTC Chair on improving the processes of the FTC. I co-chair the FDA Committee of a major American legal organization and have taught in this area of law since 1980. I have been an expert witness in drug, medical device, food, and radiological product cases and have extensive hands-on expertise; I was co-director of what was then the world's largest product recall.

About the expert

This expert has taught administrative law, products liability, and systems of regulation courses for over 20 years. At The Procter & Gamble Company, he was the company's principal regulatory counsel, where he worked with the industry coalitions on EPA, FDA, regulatory and Congressional matters. He has multiple publications in journals and in books, and currently is a Volunteer Professor of Law and a Volunteer Professor of Public health at an Ohio-based school system.

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