Consumer Reports is calling for an official recall of Samsung’s Galaxy Note7 smartphone following reports of some phones exploding while charging.

Samsung said on Friday it had stopped selling the Note7, and would replace models that consumers had already purchased. But the company’s action was not an official recall, which would have involved the Consumer Product Safety Commission (CPSC), and would have made it illegal to sell the phones. Consumer Reports shoppers checked multiple retailers Friday morning, and found the phone for sale at some of them.

If Samsung was initiating the recall process, its first step would be to immediately report any issues to the CPSC. According to the Consumer Product Safety Act, two of the criteria for reporting are if the product "contains a defect which could create a substantial product hazard," or "creates an unreasonable risk of serious injury or death." The CPSC would then evaluate these reports and determine if corrective action is required. The agency also works with companies to determine the scope, hazard, and remedy, and makes recommendations.

In addition, the CPSC has the ability to pursue a recall with a company after it investigates reports of problems received from consumers or other stakeholders such as safety advocates.

While you may have seen headlines saying Samsung recalled the phone, a government official said there’s no official recall. Samsung didn’t respond to a request for more information about the Note7 announcement.

An official recall also would include clear guidance on next steps for consumers. Samsung has only said, “For customers who already have Galaxy Note7 devices, we will voluntarily replace their current devices with a new one over the coming weeks.”

“Samsung should immediately initiate an official recall with the Consumer Product Safety Commission given the serious nature of the safety problem it identified with the Galaxy Note7,” said Maria Rerecich, Consumer Reports director of electronics testing. “We are particularly concerned that phones continue to be available for sale today.”

The reports of Note7 smartphones catching fire appeared in the last few days. Samsung identified 35 cases globally involving battery issues but didn’t specify the exact nature of the incidents.

Problems with the Note7 follow a water-resistance issue with Samsung’s Galaxy S7 Active that Consumer Reports discovered in July. The phone was marketed as being able to survive immersion in five feet of water for 30 minutes. When we tested it using that spec, it failed.

Samsung said it fixed that problem, but the company declined Consumer Reports’ request to provide serial numbers of affected models and extend warranties past the standard one-year mark.