U.S. Consumer Product Safety Commission Proposes Changes to Rules for Reporting Potential Product Hazards

The U.S. Consumer Product Safety Commission has proposed changes to the rules requiring reports to the CPSC about potential product hazards.¹ The reporting requirements have long been controversial. Although the proposal appears to be intended as an easing of the reporting requirements, it is not clear what the actual effect in practice will be. The proposed changes probably will not substantially reduce the likelihood that a report will be required, and the prudent course for businesses will continue to be "when in doubt, report."

Existing Rules

The current rules under the Consumer Product Safety Act² require manufacturers, importers, distributors and retailers of a consumer product to report to the CPSC if they obtain information which reasonably supports the conclusion that their product either (1) fails to comply with a consumer product safety rule or with a voluntary consumer product safety standard, (2) contains a defect which could create a "substantial product hazard,"³ or