Recalling Unsafe Products

January 2000 - Recalling Unsafe Products

by Richard H. Middleton, Jr. & Leah S. Guerry

Families have relied on product information from the U.S. Consumer Product Safety Commission (CPSC) since 1972. Whether it's bike helmets with loose chin strap rivets, coffee makers that short circuit, or cribs that create entrapment and strangulation hazards, the CPSC moves swiftly to take corrective actions to help keep our families safe.

When Congress passed the Consumer Product Safety Act, it directed the CPSC to "protect the public against unreasonable risks of injuries and deaths associated with consumer products." In all, the CPSC has jurisdiction over about 15,000 types of products, and responds annually to thousands of requests for information from the public. This small agency has about 400 people working at either at its headquarters in Bethesda, Md., or at one of the nearly 40 field offices across the country.

"We're a fairly small agency, and we're fairly vocal for such a small agency," says CPSC spokesperson Mark Ross.

Once you visit the CPSC website, you'll understand just how vocal the agency is. The site is updated regularly with links to the agency's latest press releases, fact sheets, and recall notices, as well as information on how to access studies and product investigations. In addition, the agency asks consumers to be equally vocal about the products their families use.

Consumers visiting the website can click on the button "Talk to Us" to send the agency reports about dangerous products. You can also report unsafe products to the agency through its hotline which is (800) 638-2772 or, for the hearing and speech impaired, (800) 638-8270.

CPSC spokesperson Ken Giles says the hotline provides people with a recorded list of recalls and safety messages, and access to live operators (between 8:30 a.m. and 5 p.m.) who will lead callers through a 25-question product interview.

"We value this information from people," says Giles who explains that the CPSC relies on the information to help launch investigations.

When a product is reported either by the public or a manufacturer, the CPSC considers whether the product or its labeling violates a safety regulation, and whether the product has a defect that could cause injury or death.

"If you cannot say yes to either, no immediate action may be taken," says Giles. "But we still make use of the data. A pattern of injury could indicate a need to establish a new standard."

The agency tracks down dangerous items with the help of the U.S. Customs Service which checks shipments as they arrive in the United States for compliance with U.S. regulations. The CPSC also has its own investigators who check products in stores. Many products wind up at the agency's Maryland laboratory, where, depending on the item, they may be tested for flammability (fabrics), fuse length and powder content (imported fireworks), or faulty circuitry (small appliances), among other things.

If the CPSC decides to recall a product, notice goes out to broadcast and print media. With major recalls, the agency creates an informational video, called a video news release, so television stations can show viewers the dangerous product. Most companies, when notified that a product must be recalled, comply. In fact, Ross says companies cooperate with CPSC requests "ninety-nine percent of the time."

If a company does not comply, says Ross, "Sometimes we take them to court."

While it is important for companies to promptly cooperate with the CPSC, Giles says consumers play an important role in the recall process. He says people need to check recall notices regularly, especially if they are buying an item second-hand or are planning on recycling items like cribs from one child to the next.

Richard H. Middleton, Jr., president of the Association of Trial Lawyers of America, is a partner in the Savannah, GA, law firm of Middleton, Mathis, Adams & Tate, P.C.

Leah S. Guerry is the executive director of the Louisiana Trial Lawyers Association.

Reprinted with permission of Louisiana Trial Lawyers Association, P. O. Box 4289, Baton Rouge; (225) 383-5554 or (800) 354-6267.