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Consumer Law

Can You Sue Over a Recalled Product? Know Your Rights

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Posted: 2nd April 2025
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Can You Sue Over a Recalled Product? Know Your Rights. 

You open a chocolate bar and take a bite—only to crunch down on something hard. Not nuts. Not caramel. A stone.

That’s exactly what happened to a handful of consumers who purchased Tony’s Chocolonely bars.

The company pulled several batches from shelves after reports of small stones making their way into the chocolate, likely during the almond harvesting process.

No injuries were reported. But let’s say you had chipped a tooth. Or maybe worse. Could you sue?

The short answer: yes. And it happens more often than you might think.

So, What Happens When a Product Gets Recalled?

Companies issue recalls when something goes wrong—maybe a design flaw, a manufacturing defect, or contamination. You’ve probably seen the notices: return the product, get a refund, maybe a replacement.

But here’s the part most people don’t realize: a recall doesn’t erase a company’s responsibility for the harm the product may have caused before (or even after) it was pulled.

That’s where legal action comes into play.

When a Refund Isn’t Enough

If you’ve been hurt by a product—even one that’s already been recalled—you might be able to take legal action. And when many people are affected in a similar way, those cases often turn into something bigger: a class action lawsuit.

These suits let groups of people band together to go after a company that put out a faulty product. It’s not just about money. Sometimes, it’s about accountability.

Common Legal Paths You Can Take

Here’s how these cases typically unfold:

Negligence

The company didn’t take reasonable care in making or inspecting the product, and you got hurt because of it.

Strict Liability

Even if the company wasn’t “careless,” they can still be held responsible if the product was defective and dangerous.

Breach of Warranty

The product didn’t do what it was supposed to—or failed to meet the basic expectation of being safe to use.

None of these require you to have a law degree to understand. If you were harmed by something you bought, you might have a case.

What the Lawyers Say

Legal experts agree: you have more rights than you think.

“Navigating consumer product recalls requires a thorough understanding of legal options to protect one’s rights and seek appropriate remedies.”
- The Ammons Law Firm, a product liability law firm based in Texas

“Consumers have the right to be informed about product recalls or corrective actions... and to seek remedies if harmed.”
- Los Angeles Product Liability Firm

In short, if you were impacted, you’re not just stuck with a refund or an apology email.

What Should You Do if You're Affected?

Start with the basics:

  • Stop using the product. Seriously. Don’t wait.

  • Document everything. Take photos. Save receipts. Make notes of dates and symptoms.

  • Follow the recall instructions. Usually, that means a refund or replacement—but don’t stop there if you were hurt.

  • Talk to a lawyer. Even just for a consultation. Many firms offer it for free.

Real-World Example: Chocolate Bars With Stones

Tony’s Chocolonely, a popular chocolate brand, recently pulled several batches of its Dark Almond Sea Salt and Everything bars.

The issue? Reports of small stones inside the chocolate. Thankfully, all the complaints came from outside the U.S., and no injuries were reported here.

But if someone had gotten hurt?

There’s a clear path toward legal action. If a consumer cracked a tooth or suffered another injury, they’d have grounds to sue, possibly as part of a broader class action.

No one expects a lawsuit when they buy a chocolate bar. But if that bite leaves more than a bad taste, you’ve got options  and you’re not alone.

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