Product Safety
Product safety framework
Product safety is proactive: identify hazards across design, manufacture, warnings, and post-sale use. The Consumer Product Safety Commission (CPSC) enforces the Consumer Product Safety Act (CPSA), Federal Hazardous Substances Act (FHSA), and CPSIA. Consumer products must not contain defects that create a substantial product hazard.
Defect types
- Manufacturing defect: one unit departs from design.
- Design defect: the design itself is unsafe under foreseeable use.
- Failure to warn/instruct: inadequate labels or instructions.
Reporting and recall
Under CPSA Section 15(b), manufacturers, importers, distributors, and retailers must report to CPSC within 24 hours after obtaining information that a product contains a defect which could create a substantial product hazard, or creates an unreasonable risk of serious injury or death. Recall remedies include repair, replacement, or refund; CPSC may require a corrective action plan and public notice.
Worked example
A child's toy has a small part that detaches in a pull test. The hazard is choking; severity is high and likelihood is foreseeable. The design fails the applicable small-parts requirement. The company stops shipment, reports to CPSC, proposes a recall, and traces lot numbers. A voluntary standard does not by itself eliminate liability, but compliance is evidence of reasonable care.
Traps
Waiting for injuries before reporting; assuming the CPSC only covers toys; confusing product safety with product liability litigation; recalling without CPSC coordination; and ignoring traceability and post-market surveillance.