How does CPSC determine if a defect is a substantial product hazard?

Question: How can manufacturers determine whether the CPSC might believe that a defect in their product could create a substantial product hazard that should be reported to them by a manufacturer or retailer? And, do you have to do a recall if you report to the CPSC?

Answer: See the CPSC Recall Handbook, pages 12-15.  It goes into detail about what is a “defect” and what is a “substantial product hazard.”  The analysis and answer is very fact specific. So this information will help you analyze your specific situation but may not give you a clear answer.  And the CPSC will not usually get more specific than that nor will they help you decide before you file a “full report.” 

CPSC wants you to report if you aren’t sure whether or not a report is necessary and whether a corrective action is required.  If you report under the non-Fast Track program, even if there is a defect, you can still argue that a recall is not necessary because there is no substantial product hazard.  Or, you can agree to do a recall or other corrective action. 

If you file under the Fast Track program, you are agreeing that there is a defect and substantial product hazard and you must undertake a corrective action that you propose in your “full report.”

Kenneth Ross, Esq. - kenrossesq@gmail.com