What is a “market withdrawal”?

A market withdrawal is a type of product recall process used in Louisiana products liability law. It involves a manufacturer, wholesaler, or retailer removing a product from the market due to a defect or potential defect. A market withdrawal differs from a product recall in that it is done on a voluntary basis rather than being mandated by a government agency. It is considered a less-severe form of product recall. In Louisiana, a market withdrawal can be the appropriate response to a safety hazard if the manufacturer, wholesaler, or retailer can prove that the hazard does not affect all consumers in the same way. For example, the hazard may affect only a small number of consumers or occur only in specific geographic areas. In this situation, the business would withdraw the product from those areas, but would leave it in the market in areas where the hazard does not exist. The advantage of a market withdrawal is that it can be done quickly and without the need for a formal, government-mandated product recall. However, businesses should be aware that a market withdrawal may not protect them from all forms of liability. Depending on the circumstances, the business may still be subject to liability for negligence or other legal claims.

Related FAQs

Does a plaintiff need to prove negligence in a product liability claim?
What is the statute of limitations for product liability claims?
How does a company determine if a product design is safe?
How do product liability laws differ between states?
Who is responsible for product recalls?
What is “warning label negligence”?
What is “implied warranty of merchantability”?
What is “strict tort liability”?
What are some common defenses used by defendants in product liability cases?
What is the difference between a manufacturer’s warranty and product liability law?

What is a “market withdrawal”?

Related FAQs

Related Blog Posts