By Lynn L. Bergeson and Carla N. Hutton
The U.S. Consumer Product Safety Commission (CPSC) announced on April 12, 2021, that it will hold a public webinar on April 28, 2021, to receive information from interested parties about updates CPSC is making to www.SaferProducts.gov/Business for reports filed electronically under Section 15(b) of the Consumer Product Safety Act (CPSA). 86 Fed. Reg. 18966. The presentation will focus on Section 15(b) reporting for the purposes of entering the Fast Track Recall Program. Webinar participants will have an opportunity to see the improvements to www.SaferProducts.gov/Business and provide feedback to CPSC through a moderated discussion. CPSC states that it would like to hear from manufacturers, distributors, and retailers that have participated in the Fast Track Recall Program, including those who use www.SaferProducts.gov/Business to report potentially defective or hazardous products to CPSC. The goal of the webinar is to receive feedback on these updates and to assess the impact, if any, that the improvements will have on the website’s utility and usability and the Fast Track Recall Program.
CPSA Section 15(b) requires every manufacturer of a consumer product, or other product or substance over which CPSC has jurisdiction, distributed in commerce, and every distributor or retailer of such product, to report immediately when it obtains certain information. Such reporting is required when manufacturers, distributors, or retailers obtain information that reasonably supports the conclusion that a product:
- Fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard that CPSC relied on under CPSA Section 9;
- Fails to comply with any other rule, regulation, standard, or ban under the CPSA or any other act CPSC enforces;
- Contains a defect that could create a substantial product hazard (i.e., a product defect that (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public); or
- Creates an unreasonable risk of serious injury or death.
This reporting is required unless the manufacturer, distributor, or retailer has actual knowledge that CPSC has been adequately informed of such defect, such failure to comply, or such risk. Manufacturers, distributors, and retailers can submit Section 15(b) reports to CPSC at www.SaferProducts.gov/Business. When submitting a Section 15(b) report through www.SaferProducts.gov/Business, manufacturers, distributors, and retailers may elect to participate in the Fast Track Recall Program, which is an alternative procedure for recalling products reported under CPSA Section 15(b).