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US Product Recall Information by Faegre and Benson LLP

08/02/2010 14:11:32 Hits:65

The US Consumer Product Safety Commission (“CPSC”) recently published a rule describing information that a mandatory recall notice for consumer products in the United States must contain.

The direct effect of this rule will be restricted to its particular circumstances, as described below. But the indirect effect of this rule will be great. Critics will use this rule as the “standard” by which the adequacy of all recall notices should be judged.

This rule has three objectives: (a) clearly identify the recalled product, (b) explain the hazard requiring the recall, and (c) describe the offered remedy. The following list of requirements includes the more interesting amplifications of these principles in the rule.

· The word “recall” must appear in the heading of the notice - even if the corrective action falls short of a recall.

· The recall notice must be in languages in addition to English “when necessary or appropriate to adequately inform and protect the public.” The rule provides examples of some of these situations.

· The products’ intended users, such as infants, children or adults.

· A concise summary of all incidents, injuries and deaths “associated with the product conditions or circumstances giving rise to the recall,” including the ages of all persons injured or killed.

· The name and city of the “manufacturer” - even if another entity is conducting the recall.

· The number of products “manufactured, imported and/or distributed.”

· The name of each “significant retailer” of the product.

The direct implications of this new rule will be limited because:

· it applies only to goods within the CPSC’s jurisdiction, generally consumer products;

· it applies only when the CPSC or a court orders a recall, which is rare; and

· the CPSC reserves the right to remove or add information requirements appropriate in the circumstances of any particular mandatory recall notice.

There will inevitably be leakage of these information requirements to recall notices outside the scope of the rule. All manufacturers need to consider the implications that these new information requirements will have for their products.

Written by Scott M. James

Faegre & Benson LLP