CPSC Approves “15(j)” Hazard Rule for Hairdryers w/o Immersion Protection
Consumer Product Safety Commission sources confirm that CPSC has voted unanimously (5-0) to issue its first “15(j)” final rule. The rule will create a new “Substantial Product Hazard List” and name as the first product on the list any hand-supported hair dryer without certain integral immersion protection. Products placed on this new list must be immediately reported to CPSC, are subject to corrective action such as recalls, and will be refused admission into the U.S.
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According to CPSC sources, the approved final rule is substantially similar to the draft version and will take effect 30 days after publication in the Federal Register. (See future issue of ITT for BP summary of the rule upon publication.)
(Section 15(j) of the Consumer Product Safety Act provides a new general defect authority that allows CPSC to define the presence or absence of certain characteristics as a defect for a class of products. The characteristic must be “readily observable” and addressed by voluntary standards that are effective and generally complied with. The characteristic may be one that should not be present (e.g. drawstring) or one that should be present (e.g. hairdryer immersion protection). “15(j)” authority was established by the Consumer Product Safety Improvement Act of 2008 (CPSIA).)
Products w/ Defect Require Immediate Reporting, to be Refused Admission, Etc.
Products added to the Substantial Product Hazard List face the following restrictions and requirements:
- Must be reported immediately to CPSC -- is subject to the reporting requirements of section 15(b) of the CPSA (15 USC 2064(b)). A manufacturer (includes importer) who fails to report a substantial product hazard to the Commission is subject to civil and criminal penalties.
- Will be refused admission -- will be refused admission into the U.S. under section 17(a) of the CPSA (15 USC 2066(a)).
- Subject to corrective action (i.e., recall) -- is subject to corrective action under section 15(c) and (d) of the CPSA (15 USC 2064(c), (d)) which means that CPSC can order the manufacturer, distributor, or retailer of the product to offer to repair or replace the product, or to refund the purchase price to the consumer.
(Note that children’s upper outerwear with drawstrings is likely to be the next product added to the Substantial Hazard List.)
(See ITT's Online Archives or 05/17/10 news, 10051763, for BP summary of proposed “15(j)” rules for hairdryers and for children’s outerwear with drawstrings.)