Advertising Law Tool Kit - Tenth Edition | 2022

58 / Venable Product Safety and Recalls On rare occasions, notwithstanding the best of engineering design and testing, a consumer product contains a manufacturing or design defect, or a failure of adequate instructions, that results in its being unsafe for use and a potential for causing bodily harm. This most often reveals itself when consumers bring the matter to the attention of a manufacturer, retailer, or direct-response marketer, or upon receipt of a notice of injury from the Consumer Product Safety Commission (CPSC). Under U.S. law, the manufacturer, marketer, or retailer has an obligation to promptly report to the CPSC information about any product that “indicates” the product: • Is defective and could create a substantial risk of injury to consumers, or is otherwise unreasonably hazardous or dangerous for consumers. • Fails to comply with pertinent rules or laws enforced by the CPSC. • Was choked on by a child, and the child died, suffered serious injury, ceased breathing, or was treated by a medical professional. • Has been specified as a substantial product hazard by the CPSC (e.g., certain children’s upper outerwear with drawstrings, or hair dryers without immersion protection devices). • Was subject to certain types of lawsuits. To ensure compliance with reporting requirements, marketers should stay on top of safety reports about their products and those of their competitors by monitoring of direct consumer complaints; online reviews; information on the CPSC’s database (www.saferproducts.gov) ; and reports received from retailers; the Better Business Bureau, and elsewhere. Melissa Landau Steinman mlsteinman@Venable.com +1 202.344.4972