Recalls, Voluntary

The Decision to Recall

An initial ethics issue involves the corporate decision to recall a product. Are such decisions made out of a sense of corporate social responsibility or out of fear of facing a recall order from a regulatory agency? Most recalls are probably motivated not by ethical values and beliefs but by fear of the consequences of not recalling.

Recalls were originally intended as remedies only when public safety was at stake. However, there have been recent cases of recalls of tabloid magazines because they contained illegally taken photographs of Jennifer Aniston and Brad Pitt at a nude beach and a recall of T-shirts because they were considered obscene.

Silent Recalls

Silent recalls, as the title implies, are not generally publicized. In some cases, there is no communication at all. This seemingly incongruous situation results from corporate fear of strongly worded recall warning communication. Manufacturers sometimes convince regulators to avoid publicity in lieu of relying on “internal” communication between manufacturers, distributors, and retailers.

Silent recalls are not uncommon. Between 1995 and 1997, 15 of 51 U.S. Department of Agriculture recalls were not publicized. Instead, the Department accepted a recall plan relying exclusively on intercorporate communication. The ethical adequacy of recalls without any public communication is questionable.

The Duty to Recall

Court decisions have consistently recognized a corporate duty to recall, but that duty has always been quite limited. Recalls are a corporate duty only when there is a widespread severe public safety threat. Does limited legal duty imply a limited ethical responsibility? In the late 1980s and throughout the 1990s, there was a trend away from court-ordered recalls. However, failure to voluntarily recall or comply with regulatory recall requests might result in product liability litigation exposure.

Are Voluntary Recalls Really Voluntary?

The American recall system appears to be one thing but is actually another, in a sense. According to recall legislation, virtually all recalls are called voluntary, unless a court order is required. However, these voluntary recalls only occur after significant regulatory pressure. Is it unethical to refer to recalls as being voluntary when in fact they are not?

Political Interference with Recalls

The recalling regulatory agencies are subject to political influence. They are part of the executive branch of the government and respond to political pressure. There has been typically less recall activity during Republican administrations.

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