Consumer Product Safety Act Reporting Obligations, Product Liability Litigation, and Related Enforcement Activity

This CLE webinar will discuss the interplay between product liability litigation and disclosure obligations under the Consumer Product Safety Act (CPSA), specifically a company’s duty to report potential product safety issues in a timely manner. The panel of defense counsel will also address recent developments and actions by the Department of Justice's newly created Enforcement and Affirmative Litigation Branch (EALB) that experts say signal more centralized and proactive enforcement of consumer and product safety rules.

The CPSA requires manufacturers, importers, distributors, and retailers of consumer products to "immediately" report information to the Consumer Product Safety Commission (CPSC) that reasonably supports the conclusion that a product fails to comply with a consumer product safety rule, contains a defect that could create a substantial product hazard, or presents an unreasonable risk of serious injury or death. It is not always crystal clear when these thresholds are met, but failure or delay in reporting, if required, can result in civil liability, criminal penalties, or both.

As distinguished practitioners have observed, CPSA reporting obligations are oftentimes intertwined with product liability litigation. Information uncovered in civil discovery may trigger the duty to report to the CPSC, effect a recall, or even impact agency proceedings. Similarly, product recalls and other regulatory activities may fuel litigation wherein the information produced in a voluntary recall or other enforcement action can be used as evidence of liability. Companies need strategies to manage risk in both contexts and to respond to heightened scrutiny by the CPSC and more targeted enforcement by EALB. 

Listen as our panel of distinguished defense attorneys discusses the interplay among CPSA reporting, product liability litigation, and regulatory enforcement.