Are you selling a product to American consumers? Does it comply with product safety laws and standards? Here are 5 tips.

Be in the know and make sure your product is safe and compliant with these helpful tips.
1️⃣ If you make consumer products, register your company on
✔️Consumer Product Safety Commission (CPSC) reports consumer incidents on this public database website, so when you register, your company can receive reports or notices when an incident has been reported, including who filed the complaint. 
✔️This is important because the CPCS has the authority to ban products deemed dangerous, pursue recalls, and impose significant civil monetary penalties on companies that fail to report violations, such as product defects and safety incidents, in a timely manner. 
2️⃣ What are the typical violations reported?
✔️Section 15(b) of the Consumer Product Safety Act (CPSA) requires mandatory reporting on any product within its jurisdiction that 
・fails to comply with product safety standards, rules, regulations, or ban
・substantial risk of injury to consumers
・creates unreasonable risk of serious injury or death
3️⃣ Anyone in the distribution chain, such as the manufacturer, importer, distributor, or retailer, has a legal obligation to report any violations
✔️While manufacturers have more information and a higher duty to report violations, retailers also have an obligation to report any information that indicates a problem with a product they have sold. 
✔️The CPSA states that you must report “immediately” (within 24 hours) upon receiving information that reasonably supports the conclusion of a failure to comply with product safety standards. 
✔️The affected party has reasonable time (generally 7-10 days) to investigate the claim and determine if the information is valid and should be reported. Failure to report in a timely manner can result in significant civil monetary penalties and increased compliance requirements.
4️⃣ How do you fulfill your duty to report a violation as a retailer or distributor?
✔️There are two ways. 1) File a section 15(b) report. 2) Write a letter to the manufacturer or importer, saying you have received these reports of product incidents or defects that need to be addressed. Send a copy of the letter to the CSPA.
5️⃣ Don’t know if a product you’re manufacturing or importing complies with product safety law and standards?
✔️CPSC’s Regulatory Robot (a series of questions) will guide you through important product safety requirements that can be reviewed prior to production or import to ensure your product is safe and compliant for American consumers.

Need a business lawyer to help you make sure your marketing materials are consistent with the law? Message me!

Alina Lee

Alina Lee, Founder of Your Ad Attorney law firm


receive marketing law insights directly in your inbox from Your Ad Attorney.

You can unsubscribe at any time using the link in our emails. For more details, review our privacy policy.

© . Your Ad Attorney, Inc. All Rights Reserved.