Call Kurtis: Can Recalls Expire?

CARMICHAEL (CBS13) – Trying to buy a car, Carmichael teen Alex Giyenko went to sell his toys online but soon realized one of his favorite childhood toys was recalled.

“It’s crazy,” said Alex.

Now 16, Alex is a lover of all things military just like when he was a kid.

He remembers his 6th birthday party when he got the Kool Toyz Military Action Figure.

“As a young boy, I was really excited,” he said.

Now old enough to drive, Alex and his mom, Elena, decided to clean out the closet and sell his old toys to help buy a car.

But an online search showed that same action set was recalled over lead.

“I was very concerned,” said Elena.

The 2006 recall notice says to return the item to the nearest Target store for a full refund. She said when she went to Target to return the item; they refused to take it back.

“It’s easy to put this toy outside an innocent kid can come and pick it up and play, But I think it’s wrong,” said Elena.

She says she left the recalled toy with Target without getting a refund and then called us.

We contacted the Consumer Product Safety Commission to find out the rules. Spokeswoman Patty Davis with CPSC was very clear.

“Recalls do not expire,” she said.

Davis says her agency wants to hear if any store refuses to honor a recall.

“That recall is still in effect, and they need to make good on it,” said Davis.

We reached out to Target to find out why they wouldn’t honor the recall, but never got an answer. Although once we got involved, they sent Alex a $30 gift card.

He can’t use the gift card to buy a new car, but Elena says Target assured her it would retrain workers on how to handle recalls.

“If it’s dangerous to a child, they need to take this thing seriously,” said Elena.

If you’re in possession of a recalled item, you don’t need to show a receipt to the store.

The CPSC says it can go after stores and manufacturers if they don’t follow the rules of a recall, but they’ve never had to.

CPSC: Site | 1-800-638-2772

In the past, some recalls have put a business out of business. For example, a deadly recall of Simplicity Cribs pushed that manufacturer out of business. To make sure consumers were covered, the CPSC made a deal with stores that sold the crib to give customers a partial refund, store credit or another crib.

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