Details of CPSC Proposed Rule on Mandatory Recall Notices

Comments are due April 20, 2009.

(See ITT's Online Archives or 03/17/09 news, 09031710, for BP summary of CPSC posting the (unpublished) proposed rule to its Web site.

Proposed Rule Would Apply to Manufacturers, Importers, Retailers, Etc.

The regulations in the proposed rule would apply to manufacturers (including importers), retailers, and distributors of consumer products.

Proposed Rule Would Cover Mandatory Recall Notices, But Would Serve as Guide for Voluntary Recall Notices

CPSC states that this rulemaking would apply only to mandatory recall notices. If the Commission decides to extend the requirements to voluntary recall notices, it would proceed with a separate rulemaking. Until then, this rulemaking would serve as a guide for voluntary recall notices that generally result from corrective action settlement agreements with Commission staff.

CPSIA Requires That Mandatory Recall Notices Help Consumers Understand the Product's Hazards, Etc.

CPSC is proposing these guidelines and requirements to satisfy the requirements of the Consumer Product Safety Improvement Act of 2008 (CPSIA¹) to ensure that every mandatory recall notice effectively helps consumers and other persons to:

(1) identify the specific product to which the recall notice pertains;

(2) understand the product's actual or potential hazards to which the recall notice pertains, and information relating to such hazards; and

(3) understand all remedies available to consumers concerning the product to which the recall notice pertains.

Highlights of Proposed Guidelines/Requirements for Mandatory Recall Notices

The following are highlights of CPSC's proposed new Subpart C of 16 CFR Part 1115 on guidelines and requirements for mandatory recall notices:

Forms of notices. A mandatory recall notice would be able to be written, electronic, audio, visual, or in any other form ordered by the CPSC. The proposed rule states that a direct recall notice (one that is sent directly to specifically identified consumers) is the most effective form of a recall notice and should be used for each consumer for whom a firm has direct contact information.

The proposed rule also gives guidance on Internet and other forms of recall notices.

Required contents. Unless otherwise prescribed by a CPSC or a U.S. district court order, every mandatory recall notice would be required to include the following (partial list):

identification of manufacturers - a recall notice must identify each manufacturer (including importer) of the product and the country of manufacture;

identification of significant retailers;

identification of recalling firm;

a clear and concise statement of the information that will enable consumers and other persons to readily and accurately identify the specific product and distinguish it from similar products;

description of action being taken (e.g. stop sale and distribution in commerce, recall to the distributor, retailer, or consumer level, repair, etc.);

statement of number of product units;

description of substantial product hazard;

dates of manufacture and sale;

price;

description of incidents, injuries, and deaths;

description of remedy (e.g. refunds, product repairs, replacements, rebates, etc.);

the word ''recall'' in the heading and text;

its date of release, issuance, posting, or publication

Final approval by CPSC. Before a firm could publish, broadcast, or otherwise disseminate a mandatory recall notice to be issued pursuant to an order under section 15(c) or (d) of the CPSA (15 USC 2064(c) or (d)), the CPSC would be required to review and agree in writing to all aspects of the notice.

¹Enacted as Public Law 110-314 on August 14, 2008.

- comments due April 20, 2009

CPSC contact - Marc Schoem (301) 504-7520

CPSC proposed rule (FR Pub 03/20/08) available at http://edocket.access.gpo.gov/2009/pdf/E9-6021.pdf