Tennessee Injury Law Center
In the first quarter of 2025, the number of recalled products in our country rose 25%. Primarily, the increase was a result of more recalls related to food, drink and pharmaceuticals, although consumer products had their highest number of recalls in 14 years. Interestingly, these increases come against a backdrop of an understaffed agency. The Government Accounting Office has reported that the Food and Drug Administration (FDA) has been understaffed for inspections since 2018, during the Biden administration. However, with the cuts by DOGE that were approved by the Trump administration, the FDA’s budget and staffing has been reduced even further. The unfortunate but obvious prediction is that there will be more recalls and more injuries to the American public.
John Day has been known to say: “A fence at the top of a hill is better than an ambulance at the bottom.” Unfortunately, American citizens are not in a position to erect a fence around food, drug and consumer product manufacturers, suppliers and distributors. It is the role of government to provide regulations, oversight in the form of inspections, and enforcement for the protection of the consuming public. For example, 90% of the drugs dispensed in the United States are generic, with most of them being produced in China and India. The FDA’s staff is responsible for conducting inspections in these countries to ensure that the drugs being sent to the United States are safe. With fewer inspectors and a smaller budget, the fence at the top of the hill gets weaker and weaker and the likelihood that an ambulance will be needed increases.
In the aftermath of all this, the consuming public will be left with few options and remedies. Primarily, the legal system will be the only recourse. If the deli meat that you consume is contaminated with Listeria and you become seriously ill requiring hospitalization, you will likely be able to sue the manufacturer of the deli meat for selling contaminated food. However, depending upon the jurisdiction in which the claim is filed, it could take years to reach a resolution. And depending upon the jurisdiction your claim is filed, your damages may be capped at an amount woefully insufficient to compensate you for your injuries.
Let’s use Tennessee as an example. If you eat deli meat contaminated by Listeria, and the Listeria causes sepsis in your body, and the sepsis progresses to the point that your dominant arm and hand must be amputated to the shoulder, under Tennessee law, the most that you can recover for the loss of your arm and dominant hand is $750,000. While you can also recover your medical bills, lost wages and some other types of damages, the maximum you can recover for the loss of your arm and dominant hand is $750,000. Ask anyone on the street that you pass if they would make that trade and let us know if you find anyone who would. And because such a result from Listeria is rare, the manufacturer of the deli meat might just decide that they would rather pay on those rare occasions than take the more expensive food safety steps. In other words, it is cheaper to compensate the people they harm than ensure they do not manufacture tainted deli meat.
Besides, criminal prosecution is unlikely. In fact, the Consumer Product Safety Commission was enacted in 1972, they have only prosecuted executives of a company one time, and that occurred last month – one time in 53 years! Two men were sentenced to jail and fined after failing to disclose information and testing that revealed a defect in their dehumidifiers. Those defects had caused more than 450 fires. Imagine if an individual, rather than a business, had set or attempted to set 450 fires, their jail sentence would undoubtedly be more than 40 months.
To be sure, there is waste in our government. Heck, for most of us, there is waste in our own household. Do we really need two streaming services? Was that electronic bass that sings “Take Me to the River” really necessary? Did your dog need another toy? OK, maybe, because he is the bestest boy! I digress. The truth is that a lot of what government does is unseen and not even thought about. How many Americans know that the FDA sends inspectors to China to confirm our generic drug supply is safe? Conversely, I would bet that most Americans think that is important, especially if they or a loved one was getting drugs made in those countries. With underfunding, defunding and mass layoffs in government, American consumers will likely need to rely more heavily on the legal system. At the Law Offices of John Day, our award-winning lawyers are ready to help, but we would encourage you to contact your elected officials, Republicans and Democrats, and urge them to strengthen the fence. We are here if you need us.
Nashville: 615-669-3993
Murfreesboro: 615-867-9900
Brentwood: 615-742-4880
Toll-Free: 866-812-8787