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ARTICLE · 19 OCTOBER 2022

CPSC Enforcement Trend: Unilateral Press Releases

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Companies take note: over the past month or so, the U.S. Consumer Product Safety Commission (CPSC) has issued four unilateral press releases instructing consumers to stop using a product.

United StatesConsumer Protection
Matthew Cohen
Matthew Cohen

Companies take note: over the past month or so, the U.S. Consumer Product Safety Commission (CPSC) has issued four unilateral press releases instructing consumers to stop using a product. Since May of this year, that number rises to seven. If that number does not seem high, consider this: between 2011 and 2019—a nine-year period—the agency issued two. So, what exactly is a "unilateral press release" and what does the agency's issuance of four over recent weeks mean for you?

What is a Unilateral Press Release?

Typically, when a company wishes to recall a product or agrees to one upon request from the CPSC, the parties work collaboratively (even if begrudgingly) on a joint "voluntary" recall. The CPSC and firm reach an agreement on the nature of the recall and how it is to be effectuated, and then the recall is jointly publicized through various communications channels of the company and agency. This process essentially obviates the need for the CPSC to file an

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