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CPSC Considering Guidance on Content and Form of Voluntary Recall Notices

Friday, October 18, 2013
Sandler, Travis & Rosenberg Trade Report

The Consumer Product Safety Commission is scheduled to vote Oct. 23 on whether to issue a proposed interpretive rule setting forth principles and guidelines for the content and form of voluntary recall notices that firms provide as part of corrective action plans under section 15 of the Consumer Product Safety Act. The proposed rule would also permit the inclusion of compliance program requirements as an element of voluntary corrective action plans, which would echo such requirements incorporated as part of recent civil penalty settlement agreements.

The Consumer Product Safety Improvement Act of 2008 requires mandatory recall notices to include specific information, including descriptions of the product, hazard, injuries, deaths, actions being taken and remedy; identification of the manufacturer, retailers and relevant dates; and any other information the CPSC deems appropriate. Because the House committee considering this legislation explicitly expressed an expectation that similar information be provided in voluntary recall notices, the CPSC is proposing to amend its regulations accordingly. The Commission believes that this rule will result in greater efficiencies during recall negotiations, greater predictability for the regulated community in working with the CPSC to develop voluntary recall notice content, and timelier issuance of recall announcements to the public.

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