Enhanced Recall Regulations Proposed Under The Consumer Product Safety Improvement Act Of 2008

(Mondaq – Robert L. Falk et al, Morrison & Foerster LLP)

The Consumer Product Safety Improvement Act of 2008 (the “Act”), which became law on August 14, 2008, imposes a number of new requirements on product manufacturers, distributors, and retailers. The focus of this client alert is the draft regulations proposed by the Consumer Product Safety Commission (“CPSC”) on March 20, 2009 that include guidelines and requirements for product recall notices.

The proposed regulations would apply to manufacturers (including importers), retailers, and distributors of all consumer products and not just “children’s products” otherwise regulated under the Act. They represent a substantial enhancement of past recall-related procedures and likely will impose significantly greater burdens on those who are required to carry out mandatory consumer product recalls in the future. The new requirements will also serve as guidelines the CPSC will use for negotiating the terms of future voluntary product recalls.

The CPSC will be accepting public comments on these regulations until April 20, 2009, after which they are likely to be quickly finalized, published in the Federal Register, and put into effect. Read more here.