CPSC Issues Call for Comments on Voluntary Recalls Rule

November 23, 2013 | On Wednesday, November 13th, U.S. Consumer Product Safety Commission (CPSC) commissioners voted 3-1 to propose an interpretive rule that would make all voluntary recall agreements between the Commission and companies legally binding, among other changes. The CPSC is accepting comments on the proposal between now and February 4, 2014. The Toy Industry Association (TIA) will be submitting comments on behalf of its members.

The proposed amended rule includes guidelines and principles for companies who submit voluntary recall notices as part of corrective action plans under Section 15 of the Consumer Product Safety Act (CPSA). Currently, a public notice must be issued to notify consumers and other individuals of any recall action that a company agrees to undertake; however, the new rule includes guidelines for what information must be shared in a public notice. Furthermore, any company that violates the terms of a corrective action plan and fails to fulfill the terms of a recall would be subject to potential court action.

The proposed rule takes into consideration: 1) recent technological advances, acknowledging that various social media resources may be used by both companies and the Commission to disseminate important recall information to the public; 2) language that would permit (when appropriate) staff to pursue compliance program requirements in the course of negotiating corrective action plans, and would allow such information to be shared in the voluntary recall notice; and 3) additional guidelines that promote the timely, accurate and complete disclosure of recall information necessary to protect public health and safety.

TIA will be submitting comments on the proposed rule by the February 4, 2014 deadline. Members may contact TIA’s Rebecca Mond with any feedback to be included in the submitted comments or to receive additional information about the proposed rule’s impact. Comments may also be submitted directly to the CPSC by visiting www.regulations.gov, searching Docket No. CPSC 2013-0040, and following the prompts.