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CPSC Poised to Change Voluntary Recall Process

By Cary Silverman

Nearly all recalls of consumer products are “voluntary recalls,” meaning that a product manufacturer agrees to conduct the recall, and negotiates how it will be conducted, with the U.S. Consumer Product Safety Commission (CPSC), typically after a potential problem or concern comes to the company's attention. The CPSC is considering changes to this established approach that have significant implications for regulated businesses.

The CPSC has proposed an “interpretive rule” that would standardize voluntary recall notices. 78 Fed. Reg. 69,793 (Nov. 21, 2013). The proposal also makes corrective action plans that implement voluntary recalls legally binding, allows the Commission to mandate adoption of compliance programs as a result of a recall, and would limit a company's ability to avoid a recall being viewed as an admission of a defect in litigation. A 75-day comment period on the proposed rule concluded on Feb. 4.

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