The U.S. Consumer Product Safety Commission (CPSC) voluntary recall agreements have not been legally binding on the company conducting the recall but that could change after a November 13th, 2013 meeting of the CPSC.
Vice-Chairman (and soon to be Acting Chairman) Bob Adler proposed a substitute amendment to the “voluntary recall notice” rule that includes a provision making every corrective action plan to be part of a voluntary recall legally binding. This proposed change would allow the agency to enforce the agreements – by going through legal actions to seek “specific performance” if the CPSC believes a company is not fulfilling the terms of a recall.
Read more about the substitute amendment that was approved by the Commission by a 3-1 vote.