Samsung has already stopped sales of the Galaxy Note 7 and offered to replace existing devices for customers who have already bought one, but Consumer Reports says that isn’t enough. It is now calling for an official recall that would make it illegal for the device to be sold.

Samsung confirmed a battery issue with the Galaxy Note 7 on Friday following reports that some devices had exploded while charging. It then announced a voluntary recalling, giving customers the option to return their device for a replacement should they want to.

But Consumer Reports wants Samsung to report the problem to the Consumer Product Safety Commission (CPSC) for an official recall, which would prevent third-party retailers from selling the device in the United States.

Samsung’s action “was not an official recall,” explains Consumer Reports. “Consumer Reports shoppers checked multiple retailers Friday morning, and found the phone for sale at some of them,” despite Samsung’s confirmation that the battery issue is a real problem.

“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,”” adds the report.

The Galaxy Note 7 should qualify for both of these things, which would make an official recall inevitable. This would prevent the device from making its way into the hands of more consumers until Samsung has completely eliminated the issue.

As things stand, the government has confirmed there is no official recall on Samsung’s latest device, which means carriers and retailers can continue to sell it if they have stock remaining. However, Samsung has promised to provide replacement handsets for those who want them.

“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.”

Samsung is said to have identified 35 cases of exploding Galaxy Note 7 handsets worldwide since the device made its official debut. The company maintains that only a tiny percentage of the millions of handsets sold so far are affected by the issue.

The problem is, there’s no way to tell which ones are unsafe. If you’re concerned, then, you should return your Galaxy Note 7 for a new model — even though there’s nothing forcing you to do so.