In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On December 10, 2020, the CPSC announced the following recalls related to products that present fire hazards:

1. Thermo Tents Recalls Mór Series Tents Due to Fire Hazard; Tents are Mislabeled as Fire Retardant (Recall Alert). According to the CPSC, “[t]he tents are incorrectly labeled as being fire retardant (FR), posing a fire hazard.
2. Scentsy Recalls Electrical Oil Warmers Due to Fire Hazard (Recall Alert). According to the CPSC, “[c]orrosion of electrical components in Scentsy Luminary Jack Warmers and Scentsy Bless This Home Warmers due to fumigation required to eradicate a cockroach infestation in one of Scentsy’s shipping containers poses a fire hazard.”