Retailers may still be selling recalled products in Illinois and across the country, putting consumers at risk of illness, injury, or even death.
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Federal law prohibits the continued sale of recalled consumer products. When a product recall is issued, retailers are expected to pull the products from store shelves to protect consumers from harm. So why are some recalled products still ending up in people’s shopping carts days, and even weeks after recalls are announced?
Despite FDA warnings, major retailers continue to get caught with recalled products still on store shelves, sometimes even weeks after recalls were announced. In some cases, products subject to urgent health recalls remained on shelves long enough for families to purchase and use them, unaware of the risk.
When recall procedures fail at the store level, the consequences fall on ordinary people who trusted that the product was safe. Delays in dangerous product removal have led to illness and injury that should have been prevented by proper and swift recall response from the retailers in question.
What Does the Law Require After a Recall Notice Is Issued?
When a product is recalled, whether it is food, infant formula, children’s products, or household goods, expectations remain the same. Under section 15(b) of the Consumer Product Safety Act, which is enforced by the CPSC, retailers are required to:
- Stop selling the recalled products immediately
- Remove the recalled products from shelves and online inventory
- Prevent further distribution
- Implement internal controls to prevent resale
Continuing to sell products subject to an active recall violates consumer safety statutes. Once a recall notice is issued, retailers are expected to ensure the product does not remain in commerce.
A Recent Example: ByHeart Infant Formula
November 2025 saw a recall of ByHeart’s Whole Nutrition Infant Formula. Reports poured in of infants who consumed the product contracting botulism, a deadly disease caused by a toxin that can prove fatal in some individuals. More than 50 instances of botulism linked to consumption of this product resulted in hospitalizations across multiple states.
December 2025 rolls around, and evidence of retailers continuing to sell the affected products prompted swift action from the FDA. Warning letters were issued to Walmart, Target, Kroger, and Albertsons, alluding to further action being taken if corrected measures were not implemented. Public reports indicate that in some instances, these recalled products were on the shelves for weeks following the issue of the recall notice.
Are There Penalties for Selling Recalled Products?
Retailers or individuals who continue to sell products that have been recalled by the CPSC can be subjected to significant fines, liability lawsuits, and in some cases, criminal charges. Fines for refusing to take products in active recall from their shelves can be anywhere from $100,000 to over $15 million. These fines apply to businesses of all sizes.
In 2022, TJX Companies, the parent company of T.J. Maxx, Marshall’s, and HomeGoods, paid a $13 million civil penalty to resolve allegations by the CPSC that they knowingly continued to sell or distribute approximately 1,200 recalled products over the years. These products were subject to recall due to safety concerns.
Why Do Recalled Products Stay on Shelves?
Common reasons recalled products remain available to consumers include:
- Failure to notify retail staff: In some cases, recall notices may not reach staff members quickly or clearly
- Inventory Tracking Issues: Staff members may struggle to identify what stock was recalled vs what stock is still safe.
- Point of Sale Override: In some cases, an automated “do not sell” block can be overridden by staff.
- Returned Product Restocking: Recalled products that have been returned by customers may accidentally get mixed in with other returned products and wind up back on shelves.
Can You Sue a Retailer for Selling Recalled Products?
If you or a loved one were injured or made ill by a product that should have been removed from store shelves due to a recall, you may be able to sue the retailer to recover compensation. Legal claims for damages may include negligence, strict product liability, and failure to warn, especially if the store knew about the recall and failed to act in a reasonable manner to prevent further sales of the product.
In Illinois, if a retailer failed to protect its consumers from dangerous products, they can be held liable for any harm caused.
Frequently Asked Questions About Retailers Selling Recalled Products
Is it Illegal for a Store to Sell a Recalled Product?
Yes. Once a recall is issued and notice is received, federal law generally prohibits retailers from selling or distributing the recalled product. Agencies such as the FDA and the Consumer Product Safety Commission can take enforcement action if products remain in commerce.
Can I Sue a Retailer for Selling a Recalled Product?
Yes. If you were injured after purchasing a product that should have been removed from sale, you may have a claim for negligence, strict product liability, or failure to warn. The strength of the case often depends on timing, documentation, and proof of injury.
What if the Product Was Recalled After I Bought it?
If you purchased the product before the recall was announced, your claim may focus more on the manufacturer than the retailer. If the store continued selling it after recall notice, retailer liability may become part of the case.
The Bottom Line About the Sale of Recalled Products
Continuing to sell a product after it has been recalled puts consumers at risk of serious harm, and in some cases, death. It is the responsibility of the retailer to remove these dangerous products from store shelves and prevent further sale of the affected products.
If a retailer failed to remove a recalled product from sale, and you suffered illness or injury as a result, you deserve answers. Contact Ankin Law at 312-600-0000 to speak to a product liability attorney.
