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Category Archives: Voluntary Recalls

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CPSC to Host Recall Effectiveness Workshop; Commissioner Kaye Issues Recall Effectiveness Statement

Posted in Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Voluntary Recalls

On July 25, 2017 at 9:00 AM, the Consumer Product Safety Commission will be hosting a public workshop on Recall Effectiveness. The workshop, to be held in the Hearing Room at CPSC Headquarters in Bethesda, Maryland, is intended to allow consumer safety professionals and the CPSC staff to discuss ways to improve the effectiveness of recalls…. Continue Reading

CPSC Chairman Vows that Every CPSC Voluntary Corrective Action Will Be Called a “Recall”

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, CPSC Product Recalls, Voluntary Recalls

According to the Philadelphia Inquirer, CPSC Chairman Elliot Kaye announced in a meeting with consumer advocates that the agency will never again allow a company conducting a voluntary corrective action to call it anything other than a “recall.”  Last year, after the announcement of a joint CPSC-IKEA “repair program” to address a furniture tip-over hazard… Continue Reading

Zen Magnets Claims “90% Victory” Against CPSC in Magnet Recall Litigation

Posted in Consumer Product Safety Commission (CPSC), CPSC Civil Penalties, CPSC Enforcement Actions, CPSC Product Recalls, CPSC Product Recals, Federal Regulations, Litigation, Voluntary Recalls

On March 25, 2016, Administrative Law Judge Dean Metry found that the U.S. Consumer Product Safety Commission (“CPSC”) case counsel did not prove that high powered, small rare earth magnets (“SREMs”) (1) are defective as sold by Zen Magnets (“Zen”); and (2) constitute a substantial product hazard when sold with appropriate warnings, including proper age recommendations (click… Continue Reading

Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Civil Penalties, CPSC Enforcement Actions, CPSC Product Recalls, CPSC Product Recals, Distributors, Litigation, Supply Chain Risk Management, Voluntary Recalls

There have been many twists and turns over the past four years concerning the CPSC’s regulation of certain high powered, rare-earth magnet sets and its litigation against various entities selling these magnets.  In the latest chapter of the magnets saga, a federal court in Colorado has permanently enjoined Zen Magnets (Zen) from selling magnets purchased… Continue Reading

CPSC Major ‘Repair Program’ Is Not Labeled A ‘Recall’

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recals, Federal Regulations, Voluntary Recalls

[This article originally appeared on Law360 on August 7, 2015 and updates our prior post on this CPSC corrective action] On July 22, 2015, the U.S. Consumer Product Safety Commission and major furniture company IKEA jointly announced a “repair program” to address the serious and complex hazard of furniture tip-over posed by 27 million chests… Continue Reading

Shifting CPSC Recall Landscape? Agency Announces Major “Repair Program” that is not Labeled a “Recall”

Posted in Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Federal Regulations, Voluntary Recalls

Yesterday the CPSC and major furniture company IKEA jointly announced a “repair program” to address the serious and complex hazard of furniture tip over posed by 27 million chests and dressers sold by the company. The repair program offers free wall anchoring repair kits so consumers can secure the chests and dressers to the wall… Continue Reading

What is CPSC’s Fast Track Recall Program and When Should Companies Utilize It?

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Manufacturer Product Safety, Private Labeler Product Safety, Product Liability, Retailer Product Safety, Supply Chain Risk Management, Voluntary Recalls

So what is the CPSC’s “fast track recall” program and what is the benefit of participating in it? What is a “stop sale notice” and why does the CPSC generally request it for fast track recalls? What else is required by the CPSC in order to participate in the program and what are the potential… Continue Reading

Tenth Circuit Lifts Stay on CPSC’s Magnets Rule

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Federal Regulations, Manufacturer Product Safety, Voluntary Recalls

As we wrote about earlier this month, on April 1, 2015, the U.S. Court of Appeals for the Tenth Circuit (“Tenth Circuit”) temporarily stayed the effective date of “the enforcement and effect” of the CPSC’s safety standard for certain high-powered magnet sets.  Specifically, the Court stayed the safety rule pending consideration of the CPSC’s response… Continue Reading

CPSC and E-Commerce Giant Alibaba Ink Deal to Block Sale of Recalled Products to U.S. Consumers

Posted in Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, CPSC Product Recalls, Voluntary Recalls

Following an ABC 20/20 investigative story where CPSC Chairman Elliot Kaye called Craigslist’s failure to block the sale of recalled products “morally irresponsible,” the agency announced yesterday that it has entered into an agreement with the Chinese e-commerce company Alibaba Group (“Alibaba”) to stop the sale of products recalled by the CPSC to U.S. consumers…. Continue Reading

2015 Omnibus Provides $123 Million in Funding for the CPSC with No User Fee Authorization; Report Language Focuses on Test Burden Reduction, Import Surveillance, and Report on “Auto-Update” Mechanism for CPSC Safety Standards

Posted in Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), U.S. Congress, Voluntary Recalls

Update: After some uncertainty, Congress passed and the President is expected to sign the 2015 Omnibus bill into law. The report language of the Omnibus bill incorporated by reference House Report 113-508, which accompanied a previous appropriations bill passed by the House earlier this year. This additional report language addresses several key CPSC issues, including: import safety, the phthalates… Continue Reading

CPSC Clarifies Changes to Monthly Recall Report Form

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Manufacturer Product Safety, Private Labeler Product Safety, Retailer Product Safety, Voluntary Recalls

In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall notification statistics on social media platforms like Facebook and Twitter along with information from the company’s monitoring of online auctions for… Continue Reading

House Appropriations Amendments Would Halt CPSC’s Voluntary Recalls Rule; Fund Testing Relief

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, U.S. Congress, Voluntary Recalls

The House of Representatives is currently considering H.R. 5016, the Financial Services and General Government Appropriations Act of 2015, which provides funding to many different parts of the federal government for the next fiscal year. This includes the CPSC, which would be funded $118 million under the House bill (the Senate appropriations bill provides for… Continue Reading

Former CPSC Chairman Brown Expresses Concern over CPSC’s Voluntary Recalls Rule

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Voluntary Recalls

Former CPSC Chairman Ann Brown recently sent a letter to the leaders of the CPSC’s congressional oversight committee asking for them to “urge the Commission to consider its proposed [voluntary recalls] rule carefully and to assure that it does not adversely affect CPSC’s Fast Track Recall Program.” As we’ve previously written, some aspects of the proposed… Continue Reading

Check Your CAP: CPSC Releases Revised Monthly Progress Report Form for Recalls

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Manufacturer Product Safety, Retailer Product Safety, Voluntary Recalls

The CPSC recently released a new monthly progress report form for companies conducting recalls with the agency. The revised form is in some respects better written than its predecessor and retains many of the old information reporting categories, disposes of or modifies other information fields from the old form, and contains entirely new and already… Continue Reading

Bipartisan Letter from US Senators Casey & Toomey Joins 45 Others Critical of CPSC’s Changes to Voluntary Recalls

Posted in Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, Federal Regulations, U.S. Congress, Voluntary Recalls

In a somewhat unusual development for a CPSC rulemaking, Pennsylvania Senators Robert Casey and Patrick Toomey submitted a bipartisan comment letter into the official administrative record for CPSC’s proposed voluntary recalls rulemaking that echoed many of the same concerns voiced by at least 45 others who submitted comments (see full comment docket here). In their… Continue Reading

Will the CPSC Provide Guidance for Compliance Programs?

Posted in Australian Competition and Consumer Commission (ACCC), Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, Federal Regulations, Voluntary Recalls

As the February 4th commenting deadline for CPSC’s voluntary remedial actions rulemaking approaches, many companies and trade associations are pondering not only the wisdom of CPSC’s insertion of compliance programs into voluntary recall negotiations, but also how those compliance programs might evolve and take shape moving forward. To date, the agency has listed a few circumstances… Continue Reading

New CPSC Proposal Would Reverse 39 Year Precedent by Making Voluntary Recall Agreements Legally Binding on Companies

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, CPSC Product Recalls, Distributors, Federal Regulations, Importer Safety, Manufacturer Product Safety, Retailer Product Safety, Voluntary Recalls

Since the inception of the U.S. Consumer Product Safety Commission (CPSC), voluntary recall agreements between the agency and companies conducting a recall (commonly referred to as “corrective action plans”) have not been legally binding on the company conducting the recall. At the November 13, 2013 meeting of the CPSC, Vice-Chairman (and soon to be Acting Chairman) Bob… Continue Reading

CPSC Considers Rule on Voluntary Recall Notices and Compliance Programs

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Federal Regulations, Voluntary Recalls

The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted.  One major aspect of the proposed rule is turning past agency practice into established guidelines for the content and… Continue Reading