Consumer Product Safety ActEssay title: Consumer Product Safety ActConsumer Product Safety ActThe Consumer Product Safety Act states that any company that receives numerous complaints about a products defects must report these claims to the CPSA. According to the CPSA reporting responsibilities belong to manufacturers, importers, distributors and retailers of consumer products. Each is required to notify the Commission if it obtains information which reasonably supports the conclusion that a product fails to comply with a consumer product safety standard or banning regulation. Also if the product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury, or death to the consumer.
The Commissions interpretative regulation explains the companys obligations and those of the Commission.. This requires manufacturers of a consumer product to report to the Commission if a particular model of a consumer product is the subject of three civil actions that have been filed in Federal or State court, each suit alleges the involvement of that model in death or serious injury to the body. Then at least three of the actions will result in a final settlement involving the manufacturer; or in a judgment for the plaintiff within any one of the two year periods specified. The first two year period began to run on January 1, 1991 and ends on December 31, 1992. The second two year period starts on January 1, 1993; the third, on January 1, 1995; and so forth. Manufacturers must file a report within 30 days after the settlement or judgment in the third civil action to which the reporting requirement applies.
Why is the reporting required? The intent of Congress was to encourage widespread reporting of potential product hazards. Congress sought not only to have the Commission uncover substantial product hazards, but also to identify risks of injury which the Commission could attempt to prevent through its own efforts, such as information and education programs, safety labeling, and adoption of product safety standards. Although CPSC relies on sources other than company reports to identify substantial product hazards, reporting by companies is invaluable because firms often learn of product safety problems long before the Commission does. For this reason, any company involved in the manufacture, importation, distribution or sale of consumer products should develop a system of reviewing and maintaining consumer complaints, inquiries, product liability suits and comments on the products they handle.
A regulatory process that ensures data collection and integrity is a strong and necessary first step. It is also essential to ensure that product inspections and reports are properly conducted so that inspectors and the public can understand the hazards at an individual level. As regulators, we must keep in mind a broad set of issues and situations from a regulatory perspective so that we can make decisions that meet our agency’s mandate. Consumers have been victimized for hundreds of years, as have businesses and their customers. There is also a large public investment and interest, as consumers demand that regulatory action be taken for their safety and protection. There is a lack of transparency, and if a lack of information about an individual’s business and safety is not identified, a decision has been impeded. It is important that individuals have the freedom to ask their government agencies and the United States government for information about their safety and that such questions are answered by their representatives.
Our review and review requires a greater understanding of the current and potential risks of potential health and environmental hazards. We have examined the industry’s most active safety and safety product manufacturing locations, evaluated safety, performance, risks and expected costs in response to industry information, and identified those risks to our industry.
What is an Initial Risk?
An initial Risk
A safety hazard involves physical or chemical hazards that may exist if the product is used or used improperly. A consumer’s exposure to hazardous or toxic substances should be considered only where a potential hazard exists after it has become apparent. Such a risk exists in the presence of at least minor injury or death; if it exists after significant exposure occurs; it may arise from exposure to a volatile liquid. Any consumer who is exposed to a product that is used at a later time or by others should not continue to use the product. If a product is used at later times or by others, any subsequent use or use of the product should cause no harm, and the user must use caution, such as in the case of an accident or illness, even if the product is used later.
Burden of Proof is a common measure of liability. If it is found that a potential hazard exists, or that it is not clearly demonstrated, the consumer should file a product safety claim, should initiate an investigation, file a class-action suit against the manufacturer, or notify the consumer of the hazards he or she has likely experienced. In situations where a product is used outside of one’s personal responsibility as a safe or convenient means of transport, no liability exists. The Consumer Financial Protection Bureau has been conducting audits of safe and convenient means for consumers to obtain information on the safety in their local area. This is considered the “last mile” for safety hazards. For the purposes of this chapter, “last mile” means the distance in miles traveled by traveling within a certain distance of the customer’s home where the person traveling takes no part in daily activity, except in an area used for recreational activities. The Consumer Financial Protection Bureau may charge a small fee for the investigation and file a safety claim. Where other measures of liability are not required of consumers, the consumer should seek out a safety manufacturer and contact the manufacturer’s representative for a specific form and location, including a telephone number and contact line. The Consumer Protection Bureau may send informed notifications to the Consumer Protection Bureau. If the consumer does not know the amount of money the consumer will pay for the safety claim, the consumer should seek reimbursement.
If the consumer does not know the number of days before the end of the consumer’s current period for registration, the consumer should seek reimbursement for the cost of making the decision to file the safety claim. If the consumers’ home does not have electronic systems required to process the claims (such as an electronic record system
If a firm reports to the Commission it does not necessarily mean there is a substantial product hazard. The CPSC simply requires firms to report whenever a product fails to comply with a consumer product safety rule, fails to comply with a voluntary standard upon which the Commission has relied, contains a defect that could create a substantial product hazard, or creates an unreasonable risk of serious injury or death. Thus, a product does not need to actually create a substantial product hazard to fit the reporting requirement.
It is the Commissions view that a firm should take the first step of notifying the Commission when the information available to the company reasonably indicates that a report is required. It is in the companys interest to assign the responsibility of reporting to someone in executive authority. The individuals knowledge of the product and the reporting requirements are valid reasons for assigning the responsibility.
A company is considered to have knowledge of product safety information when such information is received by an employee or official of the firm who may reasonably be expected to be capable of appreciating the significance of that information.