Las Vegas, NV (April 29th, 2025) – Despite a product recall in January 2025, reports have emerged that Gerber’s Soothe ‘n’ Chew Teething Sticks are still available on some Nevada store shelves.
When a product is recalled, the goal is to protect consumers from harm. However, that system breaks down when those same products stay on store shelves or pop up online. In Las Vegas, with its high volume of retail and tourist purchases, the risk of encountering a recalled product is real, and potentially dangerous. The recall of the Gerber teething sticks was initiated after the company received consumer complaint of chocking incidents, including one emergency room visit.
Why Recalled Products Still Reach Consumers
Even after a formal recall, products can still be purchased due to gaps in communication, oversight, and enforcement. Smaller retailers may not receive timely updates from manufacturers. Online sellers might unknowingly, or knowingly, list recalled items, and some international vendors ignore U.S. recall notices altogether.
In Las Vegas, these risks are heightened. Visitors often buy products quickly, with little time to research safety issues. Local residents may unknowingly purchase recalled items at discount retailers, souvenir stands, or online resale platforms.
What to Do If You Were Hurt by a Recalled Product
For those who become ill after using or consuming a product that had already been recalled, the situation may feel overwhelming. However, what they do next can make a big difference for their health, as well as for any legal claim they may have.
Seek Medical Attention
If you’re experiencing symptoms, especially severe ones such as vomiting, diarrhea, allergic reactions, or breathing issues, get medical help right away. Be sure to tell your doctor exactly what you used or consumed, when, and why you believe it may have caused your illness. Such medical record can help establish a timeline and causation for your condition.
Preserve the Product and Evidence
Don’t throw anything away. Keep the product, packaging, instructions, and your receipt if possible. Even if the item is perishable or partially used, take clear photos from multiple angles and store what you can safely. If it was a food or drug item, note any expiration dates, batch numbers, or labels.
Document the Purchase and Where It Happened
Whether you bought the product in a Las Vegas store or online, write down the details. Include the purchase date, retailer, and any witnesses who were with you. If it was an online order, take screenshots of your order confirmation and product listing to help link the item to a known recall.
Check for a Recall Notice
Consumers who think a dangerous or defective product caused their illness should visit official recall sites, such as FDA.gov and CPSC.gov, to look for official notices. If the product was recalled weeks or months before they bought it, such as is the case with the Gerber teething sticks still on store shelves, it may indicate negligence on the part of the retailer or distributor.
Keep Records of the Illness and Costs
Having thorough documentation may help strengthen injury cases, and help Las Vegas product liability lawyers representing victims to calculate fair compensation. As such, it’s helpful to start a folder or digital file that includes information such as medical records and bills, a timeline of symptoms, lost income from missed work, and any communications with the retailer or manufacturer.
Can You File a Lawsuit for a Recalled Product Injury?
Nevada law allows consumers to file product liability cases when they’re injured by dangerous or defective products, even if the item was recalled after the incident. Under the state’s strict liability rules, consumers don’t have to prove negligence. Rather, it’s enough to show that the product was defective and caused harm.
Compensation for illnesses and injuries resulting from dangerous or defective products may include medical costs, lost income, pain and suffering, and long-term care if the injury or illnesses is permanent or disabling.
Who’s Responsible for Selling a Recalled Product?
When a recalled product causes injury, liability may not just fall on one party. Depending on how the product moved through the supply chain, multiple companies may share responsibility, including the manufacturer, the retailer, and even the platform where the product was sold. Nevada law allows consumers to pursue claims against any party that played a role in putting a dangerous product into circulation.
Manufacturers
If a company issues a recall but fails to alert the public effectively, or waits too long, they may be held accountable. Courts look closely at whether the manufacturer took reasonable steps to notify retailers and consumers.
Retailers
Stores have a duty to stay informed about product recalls and remove affected items from their shelves. Continuing to sell a product after a recall has been announced can result in legal liability, even if the retailer didn’t manufacture it.
Online Marketplaces
Platforms like Amazon and eBay often argue they aren’t responsible because they’re not the product seller. However, courts in several states, including Nevada, are starting to examine the role of these platforms more critically, especially when buyers are seriously injured by recalled products purchased through them.
Getting sick from a product that should have already been pulled from store shelves isn’t just frustrating, it’s unacceptable. Whether it’s a recalled food item, over-the-counter drug, or household product, you have legal options if that product caused you harm. If you believe a recalled product caused your illness in Las Vegas, contact our personal injury lawyers experienced with handling product liability cases at George Bochanis Injury Law Offices. 702-388-2005.
