What Is the Consumer Product Safety Commission?
The Consumer Product Safety Commission (CPSC) is a federal regulatory agency that protects consumers by establishing safety standards and taking corrective action when products pose an unreasonable risk to the public.
The CPSC’s rules help protect consumers, but accidents can still happen. If a product injured you, the company may have violated safety regulations.
Compensation may be available in these circumstances. Learn more by contacting our product liability team at Munley Law for a free consultation.
What Is the Consumer Product Safety Commission?
The CPSC was established on October 24, 1972. Its umbrella statute is the Consumer Product Safety Act.
The overall purpose of the CPSC is to minimize injuries and illnesses to consumers resulting from the use of a dangerous consumer product. The CPSC achieves this goal in various ways. For example, it can establish safety standards for consumer products and take action against companies that fail to meet these standards.
The US president appoints the CPSC commissioners. The US Senate confirms these appointments.
Although the activities of the CPSC can guard against accidents involving consumer products, they don’t entirely prevent such accidents. For example, perhaps you were injured while using a dangerous consumer product because the manufacturers didn’t abide by CPSC regulations.
If so, you may be eligible for financial compensation. Contact our team for expert legal guidance to protect your rights.
Powers and Regulatory Mechanisms of the CPSC
Overall, the CPSC is responsible for regulating the manufacture and sale of thousands of types of consumer products. The CPSC employs the following regulatory mechanisms to boost consumer product safety and limit consumer product-related injuries:
- Recalls: Companies may issue voluntary recalls when they identify unreasonable risks (such as defects) that can put consumers in danger. When doing so, a company must notify the CPSC. If the CPSC determines a recall falls within its scope, the CPSC will supervise the recall to ensure the company performing it does so correctly and thoroughly. However, as a federal regulatory agency, the CPSC can issue mandatory recalls when a consumer product demonstrates a safety problem.
- Establishing rules: Individual industry standards often ensure that various types of consumer products don’t pose unreasonable risks to consumer safety. However, sometimes, these voluntary standards are lacking. In these instances, the CPSC can establish additional standards and rules for the manufacture and sale of certain types of products. The CPSC may also coordinate with manufacturers and retailers to ensure product safety.
- Conducting research and gathering information: The CPSC has many ways of researching and gathering information about product safety issues. It shares this information to protect consumers.
The CPSC’s primary means of enforcing its rules and regulations is issuing civil penalties. Unfortunately, the threat of such penalties isn’t always enough to ensure a company abides by a safety standard.
Fines aren’t the only consequences manufacturers and retailers can face when this happens. Victims of dangerous products can also take action by seeking compensation. Learn more about your rights by discussing your case with a member of our team.
Product Categories and Safety Investigations
The CPSC regulates many different types of products. Generally, the only types of consumer products the CPSC doesn’t regulate are those that other federal agencies already regulate, such as firearms.
Common product hazards include:
- Fire hazards/flammability
- Poison risks
- Choking hazards, which can put children at particular risk
- The presence of lead or other such harmful substances
- Mechanical hazard issues
The CPSC may investigate injuries associated with consumer products by:
- Requesting records from manufacturers, retailers, and other such parties
- Interviewing victims and potentially liable parties
- Inspecting manufacturing facilities and other relevant locations
- Requiring companies to report information about consumer product safety issues
The CPSC also encourages consumers to report issues when they discover them. In this way, consumers can participate in boosting their safety.
It’s important to know your rights when handling potentially unsafe products. If you’ve been injured using a potentially harmful product, contact our attorneys to learn more about the next steps you may take.
Legal Implications of CPSC Regulations
Again, if a product harms consumers because of a violation of CPSC rules and regulations, a company may be fined a civil penalty. These fines can be substantial. Research indicates the average CPSC civil penalty is $2.9 million.
Injured consumers can also take action against companies when they’re injured due to a lack of compliance with CPSC rules. Someone who was injured using a dangerous product may file an insurance claim or lawsuit to seek compensation for medical bills, lost wages, and other losses and struggles resulting from their injuries. Similarly, if a dangerous product causes death, the surviving loved ones of the deceased may file a wrongful death claim or lawsuit.
Not sure where to start when seeking compensation after being injured or losing a loved one in a dangerous product accident? Our attorneys can help you address the legal challenges associated with a product safety case.
Consumer Rights and Resources
Consumers may file a product safety complaint with the CPSC by contacting the agency through the methods indicated in the link from earlier. The agency also provides consumers with a variety of resources through its website.
For example, the CPSC website offers research and reports, providing both consumers and manufacturers/retailers with information about a range of product safety topics. The website also provides information about regulations, statutes, and standards, ensuring full transparency.
You may learn of a product recall through a CPSC notice, an announcement from the company issuing the recall, or other such means. Pay close attention to the instructions in the notice if you own the product in question. Generally, when you encounter a dangerous product, you should refrain from using it and store it in an area where vulnerable members of your household (like children) won’t be able to access it.
If a product has already caused injury, seek medical attention and contact our team at Munley Law. We’ll gladly discuss compensation that may be available during a free consultation.
Posted in Product Liability & Recalls.
Tagged Claim Complaint Hazard Insurance Parties Wrongful Death