Obtained Verdict in Defense of National Retail Chain

David Melton and Tomi Aina obtained a defense verdict on behalf of a national retailer in an action brought by a customer alleging the retailer violated the Product Safety Recall and Protection Act when it did not accept a recalled product, in plaintiff’s possession, in exchange for a refund. Plaintiff admitted that he did not purchase the recalled product from the retailer, and that he did not participate in the manufacturer’s recall program although he had the opportunity to do so. The judge found the Product Recall Safety and Protection Act did not require the retailer to refund the purchase price of the recalled item.