Latest Blogs

Everyone tries to save money.  One of the ways of saving money, is buying and supporting not-for-profit retailers such as Goodwill, the Salvation Army, church thrift stores, rummage sales and flea markets and yard sales.

While retailers are not required to test used products or clothing for safety, they cannot knowingly sell products that do not meet safety and compliance laws.  They must insure that what they sell is not on a recall list and meets all the standards for lead and phthalate content.

The CPSC (Consumer Product Safety Commission) enforces the Consumer Product Safety Improvement Act of August 14, 2008 by inspecting merchants and issuing monetary penalties for violation of the law. 

Not-for-profit retailers, such as Goodwill and the Salvation Army, make efforts to keep the merchandise they sell safe for the consumer.

Under "Items We Can Accept", Goodwill encourages donors to review the CPSC recalls before donating and provides a list of items they will not accept because they are frequently on the CPSC recall list.

Similarly, the Sun Sentinal in Broward County, Florida, reported in December 2012 that "Resale Stores Are Keeping An Eye Out For Recalled Items".   Major Henry Hudson who is the administrator of the Adult Rehabilitation Center at the Broward County Salvation Army said, "The organization receives many new and used toy donations but only sells new ones that come in packages.  But even new ones can post a threat, so the Salvation Army checks any toy it plans to sell to see if it's on a recall list. If it passes, then we put it on the shelves."

The CPSC also wants to remind individuals who are holding yard sales, or have products in flea markets for sale, that they are responsible for making sure nothing being sold is, or has been, on a recall list. Of particular concern are products used in the nursery.  Cribs and bassinets have been subject to numerous recalls totaling millions of units.  These products have caused death and serious injury and the CPSC suggests, "When in doubt, throw it out!" Don't buy these types of products unless positive they are not on a recall list.  Never buy them if they are wobbly, broken or missing parts, even if they have not been recalled.  The CPSC also says that this is one of their biggest areas of concern as the risk is too high and a baby's life could depend on it. Whether buying or selling used products, get the CPSC Resellers' Guide.

Fort Myers Product Safety Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. recommends, "Before buying a used toy or other product, check to be sure it has not been recalled for safety reasons."

When reviewing recalls,  consumers will see that some ban the sale of an item while others ask consumers to return the item for replacement or repair. To check if an item is on a recall list while shopping at a not-for-profit resale store, yard sale or flea market, download the Recalls.gov mobile application.

Fort Myers Product Safety Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.