Consumer Product Safety Commission hopes to be tougher on violators

The Consumer Product Safety Commission (CPSC) is responsible for protecting children and consumers against unreasonable risks associated with thousands of consumer products.

For all products regulated by the CPSC, a Letter of Advice (LOA) is issued when there has been a violation of a mandatory standard. This letter advises the company of such a violation and any corrective action that can be taken such as to correct future production, stop the sale of a product, and recall the product. Click here to view lists of importers and manufacturers who have been issued a LOA beginning in the Fiscal Year of 2013.

Under 15 U.S. Code § 2068 – it is unlawful for any person to sell, offer for sale, manufacture for sale, distribute in commerce, or import into the U.S any consumer product, or other product or substance that is regulated under this chapter or any other Act enforced by the commission, that is not in appliance with applicable consumer product safety rules under the chapter, or any similar rule, regulation, standard or ban under any other act enforced by the commission.

Any person who knowingly violates provisions of the U.S Code mentioned above shall be subject to a civil penalty not to exceed $100,000 for each violation. In determining the amount of a penalty violators of Section 2068 have to pay, the Commission shall consider the nature, circumstances, extent, and gravity of the violation. This includes the nature of the product defect, the severity of the risk of injury, the occurrence or absence of injury, the number of defective products distributed, the appropriateness of such penalty in relation to the size of the business of the person charged, including how to mitigate undue adverse economic impacts on small businesses, and other factors as appropriate.

The term “knowingly” means:

  1. Having actual knowledge that you may be violating this mandatory standard.
  2. Having reasonable knowledge deemed to be possessed by a reasonable person.

Over the years the CPSC has increased staffing and funding with hopes to get tougher on violators who may face civil and criminal penalties. There is a ban on reselling recalled products, enhanced whistleblower protections, safety certifications, and product tracking labels. Being tougher on violators strengthens the CPSC’s ability to protect American Consumers from things that may harm them.

Now more than ever it is important for companies and producers to review their products safety policies and procedures to determine if they comply with all applicable product safety rules and regulations.

Personal Injury Attorney in Pennsylvania

Contact the attorneys at the Ciccarelli Law Offices if you have been injured or harmed due to a product not being safe. Your first consultation is free so call (610) 719-3190 today so that attorneys can start investigating the details of your particular case.

This article was last updated on January 18, 2017.