New Proposal Could Reverse 39 Year CPSC Precedent

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.