We are here at the ICPHSO conference in Orlando for CPSC day. Key speakers from CPSC include Chairman Elliot Kaye, the Team Lead for Fast Track Recalls, the Director of Regulatory Enforcement, and the Director of Field Investigations. Here are highlights from the morning sessions on CPSC recalls and reporting, enforcement, and import issues.

Recalls and Reporting

  • Emphasis on joint recalls with Canada, and increased incorporation of Mexico into joint recalls.
  • Increased use of social media to publicize recalls, especially if recalling firms use social media to advertise products and communicate with customers.
  • Err on the side of reporting – 30% of Section 15(b) reports filed with no Fast Track election result in no staff action.

Enforcement

  • Tracking label and certification violations: prior to 2014, CPSC typically did not seek enforcement/corrective actions for imported products that complied with standards except for tracking labels and certification violations. Now, products lacking tracking labels or certification testing must be corrected prior to distribution (adding tracking labels, completing certification testing).
  • When new  standards become effective, CPSC typically conducts market surveillance and industry education for about six months, and will usually provide about 12 months for industry to come into compliance. In the second year, CPSC will undertake an active enforcement program.
  • Expectation of regulatory programs for upcoming durable children’s product standards:
    • Slings, frame carriers, bouncer seats, hook on chairs, infant bath tubs, children’s folding chairs, high chairs, inclined sleepers/hammocks, gates and enclosures, activity centers, changing tables, booster seats.

Importing Consumer Products

  • CPSC posts port violations and recommends regular review of violation list to monitor your manufacturers and suppliers.
  • CPSC, in cooperation with CBP, may seek to seize and destroy product, require reconditioning prior to distribution, or export.
  • Import Compliance Inspections: CPSC will arrange for an on-site inspection of an importer to review compliance, with the goal of helping importer identify potential compliance issues (this is not an enforcement tool – it is aimed at avoiding future compliance and enforcement issues).
  • There is no “blacklist” for importers subject to import corrective action, but CPSC/CBP will look for import violation patterns and increase compliance strategies accordingly.
  • CPSC recommends reaching out after an initial import violation to work collaboratively on compliance.
  • Avoiding import issues:

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