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ARTICLE · 17 OCTOBER 2013

CPSC Considers Rule On Voluntary Recall Notices And Compliance Programs

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted.

United StatesConsumer Protection

The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted.  One major aspect of the proposed rule is turning past agency practice into established guidelines for the content and form of voluntary recall notifications.  The existing product safety regulations mandate that firms put the public on notice of their CAP in the event of a recall, but do not provide any formal instruction regarding the notice's content or form.  The second aspect of the proposed rule would provide that, when appropriate, a CAP may include the imposition of a compliance program.  At the end of last month, CPSC staff recommended that the Commission adopt such a proposed rule. 

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