Frequently Asked Questions (FAQs) About the CPSC, Recalls, & Product Safety
We’ve got the answers you need.
CPSC: The Basics
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When a company reports a safety issue to the Consumer Product Safety Commission (CPSC), the recall process begins with the company submitting a report detailing the nature of the alleged defect, any associated potential hazards, reported incidents or injuries, and the number of affected units. This report can be submitted through the SaferProducts.gov portal or directly to the agency. The CPSC then reviews the report, investigates the potential risks, and determines whether the product poses a substantial hazard. During this stage, the company may be required to provide additional data or conduct internal testing to aid in the assessment. If a recall is deemed necessary, the company and the CPSC often collaborate to negotiate the terms.
Most recalls are voluntary, meaning the company works with the CPSC to develop a Corrective Action Plan (CAP). This CAP plan outlines how consumers will be notified, whether through press releases, social media, or direct outreach, and specifies the remedies available, such as refunds, repairs, or replacements. Once the recall is officially announced, the CPSC publicizes it through its website, news outlets, and social media, while the company must take reasonable measures to effectively notify consumers of the product recall and the available remedy. Throughout the recall process, the CPSC monitors compliance, requiring the company to submit progress reports detailing how many consumers have been contacted, how those notifications were sent, and how many recalled products have been successfully removed from the market.
If the recall is successfully executed, the CPSC may close the case, but if the company fails to comply, the agency has the authority to take legal action, which may include penalties or a mandatory recall. A successful recall process helps protect consumers and mitigates risks to the company associated with potentially defective products. We provide guidance on preparing for a recall and best practices for consumer communication.
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Almost all recalls conducted in cooperation with the the Consumer Product Safety Commission (CPSC) are voluntary. Companies often understand the benefits of quickly removing potentially dangerous, defective, or non-compliant products from the market in order to protect the health and safety of their consumers and the value and reputation of their brand.
Some companies choose not to engage with the CPSC or dispute the CPSC’s technical findings, which can sometimes be inadequate, incomplete, or incorrect. In those cases, the CPSC can choose to bring an administrative lawsuit to enforce a mandatory recall. However, since litigation is costly and time-consuming, the CPSC will often resort to using public pressure to bring about a recall through the use of “Product Safety Warnings”, also known as unilateral press releases. Such actions, even if not supported by the facts, can be very harmful to the company’s brand and, often, the ability of the company to continue to sell the products in major retailers and websites. Retailers and marketplace platforms typically prefer to cooperate and avoid confrontation with the CPSC. Even if a company chooses not to conduct a voluntary recall, a product’s online listing may be removed and/or a company may be banned from selling on a website or an online marketplace.
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No, not all recalls necessarily require providing refund to consumers. It is often acceptable to engineer and provide a repair part or a full replacement instead of a full refund. Such repairs and replacements must be offered to consumers for free.
The Consumer Product Safety Commission (CPSC) does not mandate a specific remedy action for all recalls. According to the law, a company can choose between offering a refund, repair, or a replacement product.
For a recall to be conducted by a company in cooperation with the CPSC, however, the CPSC must review the proposed repair or replacement and agree that the proposed repair or replacement is adequate.
If the CPSC disagrees with the company and does not approve the company’s proposed remedy, such as a product repair or replacement, the company can propose alternative remedies, such as a product replacement or a product refund.
If, however, the CPSC disagrees with the company and the company does not offer an alternative choice, the CPSC may seek to force the company to act.
The CPSC may threaten a company with a potential lawsuit to enforce a mandatory recall. or the CPSC may use public pressure to bring about a recall through the use of “Product Safety Warnings”, also known as unilateral press releases. Such actions, even if not supported by the facts, can be very harmful to the company’s brand and, often, the ability of the company to continue to sell the products in major retailers and websites. Retailers and marketplace platforms typically prefer to cooperate and avoid confrontation with the CPSC. Even if a company chooses not to conduct a voluntary recall, a product’s online listing may be removed and/or a company may be banned from selling on a website or an online marketplace.
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CPSC staff will expect robust design, manufacturing, and testing validation. Oftentimes, because your product is unique, you will want to engage specialized engineers or other specialists to review your proposal as a third-party. We help prepare and direct potential repairs and replacements using our carefully curated experts with experience negotiating with the CPSC.
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Recalls happen frequently. There are typically between 250-350 recalls a year in the United States. A majority of companies are able to successfully conduct a recall without material financial impacts to their bottom line and do not go bankrupt. All recalls do not require a refund and companies can choose to offer a repair or a replacement product to help manage the costs associated with a recall.
Recall insurance is also available to purchase via your company’s insurance broker.
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When a company conducts a recall, typically in cooperation with the Consumer Product Safety Commission (CPSC), retailers and online marketplaces must stop all sales of the product. The sale of a recalled product is against federal law.
Once retailers and online marketplaces have followed their processes and returned all recalled product to the company, sales of non-recalled versions of the products may resume.
Typically, retailers and online marketplaces understand that recalls happen and continue doing business with the manufacturer. Retailers and online marketplaces may make sure that extra safety measures are in place to prevent a reoccurance or another recall.
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Almost all recalls conducted in cooperation with the the Consumer Product Safety Commission (CPSC) are
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Yes. The Consumer Product Safety Commission (CPSC) does require the use of social media in most recalls in order to help ensure the widest possible distribution of the recall message to potentially affected consumers.
There are some situations where, for example, a company can contact 100% of purchasers where social media may not be required. This is increasingly the case for electronic products with apps or where over-the-air software updates can correct the issue.
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Recalls happen frequently. There are typically between 250-350 recalls a year in the United States. The vast majority of companies are able to afford the recall and do not go bankrupt. Because companies can choose to repair or replace products, all recalls do not involve a full refund of the purchase price. Oftentimes, consumers no longer have a recalled product in their possession. Because the purpose of a recall is to remove a dangerous product, if a consumer no longer has a product, then the consumer is not entitled to a refund of the product.
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The U.S. Consumer Product Safety Commission (CPSC) is the United States regulator in charge of setting and enforcing safety standards for all consumer products in the United States. ( A “consumer product” is basically any product that is not an automobile, an aeroplane, firearm, food, drug, or medical device.)
This small independent agency has a very large impact and publicly announces and promotes recalls on a national level to remove dangerous and non-compliant consumer products from consumers in the market. Many companies want to cooperate with the CPSC and conduct a recall quickly.
Even so, the CPSC can be aggressive in its enforcment and publicity tactics and companies often benefit from having a skilled advocate to assist them in negotiating a mutually acceptable voluntary recall with the CPSC.
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The Consumer Product Safety Act (CPSA) requires that a manufacturer, importer, distributor, or retailer must self-report a product to the U.S. Consumer Product Safety Commission (CPSC) when it has information about a product that “reasonably supports the conclusion” that any of the following apply:
(i) the product fails to comply with “any ... rule, regulation, standard, or ban” enforced by the CPSC; or that
(ii) the product “contains a defect which could create a substantial product hazard,”; or that
(iii) the product creates an “unreasonable risk of serious injury or death.”
It is very important to note that this requirement does not mean that a company must report only when it “knows” for certain that any of the above is true. Nor does this mean that a company must only report when it “understands the failure mode” of an issue or can replicate it. CPSC’s position is that the “duty” to report begins when a company has information in its possession that “reasonably supports” the conclusion that any of those triggers are met. “Reasonably supports” can be interpreted differently by different parties and the CPSC typically has the benefit of 20/20 hindsight is making its determination.
Importantly, a failure to report to the CPSC in a timely, accurate, and complete fashion can lead to serious financial penalties and has, in very rare cases, resulted in criminal convictions and prison time.
By contrast, Health Canada requires that each and every product safety “incident” (even where no injury is reported) be self-reported to it, which is an even higher reporting bar than the CPSC.
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Companies are required to notify CPSC “immediately” upon receiving information that triggers a reporting obligation.
CPSC interprets “immediately” to be within 24 hours after a company obtains the information. If a company is uncertain about whether information is reportable, the company is permitted to investigate the matter. CPSC presumes that 10 days is sufficient to conduct “a reasonably expeditious investigation”, unless the company “can demonstrate that a longer period is reasonable.”
Most companies cannot reasonably complete an investigation in 10 days, but companies should prioritize their investigation and complete it as quickly as possible.
According to the CPSC, the “duty to report” does not begin at the time when the company is able to successfully confirm a defect, recreate a reported failure, or fully understand the failure mode, but rather the duty begins as soon as the company has the necessary information and becomes aware that the product “could” create a potential substantial hazard.
CPSC and its regulation urges companies: “When in doubt, report.”
The only exception to this duty is where a company has “actual knowledge that” CPSC “has been adequately informed” of a potential hazard by another party. The “actual knowledge” should be “in writing” to protect the company’s records and decision.
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The regulatory, financial, and reputational risks of not reporting to the CPSC are high
Failure to report information to the CPSC fully, accurately, and in a timely fashion (and which the CPSC later believes should have been reported using its own judgment) may be considered to be a violation of federal U.S. law. Failing to report information about a product can also lead to an investigation and, in some instances, civil penalties up to $120,000 for each violation and up to $17,150,000 for any related series of violations. In very rare circumstances, even criminal charges can be brought.
Always remember that the CPSC will have the benefit of 20/20 hindsight in their analysis, especially if a serious incident with injury or death occurs after the date on which a company has important safety information in its possession and does not voluntarily report.
Failing to report may also have serious negative risks for civil liability in cases of injury, death, or property loss.
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No. The CPSC is clear that companies “that obtain information indicating that their products present an unreasonable risk of serious injury or death should not wait for such serious injury or death to actually occur before reporting.” 16 CFR §1115.6
Did your company receive a notice from CPSC about an alleged safety incident?
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SaferProducts.gov is a government website and database where consumers and others can publicly post safety-related concerns about individual products. SaferProducts.gov is administered by the U.S. Consumer Product Safety Commission (CPSC).
When a consumer makes a complaint to the government, by law, companies must be notified of the consumer report and be provided with an opportunity to comment and object to its posting if the information is inaccurate. CPSC does not investigate each complaint made and states in a disclaimer that it does not guarantee the accuracy, completeness, or adequacy of the information available on SaferProducts.gov, particularly with respect to information submitted by people outside of CPSC.
Companies should also use the reported information to evaluate whether its product is potentially unsafe or non-compliant with a mandatory safety standard.
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No. In fact, the vast majority of consumer complaints on SaferProducts.gov are never investigated by the CPSC. However, some complaints - or series of complaints - can lead to investigations by the CPSC and its staff.
Based on a notice received by the CPSC and our experience handling CPSC matters, we are able to help companies determine the status of the CPSC’s interest in your product, the likelihood of a potential investigation, and steps that should be taken to help protect a company’s best interests.
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No. A SaferProducts.gov report is for informational use only. The information is provided to help other consumers may informed shopping decisions.
The information should be used by the manufacturer to determine whether it may have a “duty to report” a product to the CPSC, but the report itself does not automatically mean there is or will be a recall or even an investigation.
The information is also used by the U.S. Consumer Product Safety Commission (CPSC) to inform its own data and trends analyses. The CPSC, using this information and other information available to it, may open a new investigation into the safety of a product, if the product’s manufacturer has not already reported the product to the CPSC.
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Yes, by law, companies whose products are reported to the CPSC by a consumer must be notified of the report and must be provided with an opportunity to review the comment.
Manufacturers are provided the opportunity to provide a public fcomment in response to the consumer’s report. The manufacturer may also provide a private comment in response to the CPSC or can notify the CPSC that the consumer’s comment is materially inaccurate in order to request that the consumer report be removed or redacted, as appropriate.
All CPSC notices contain a short deadline, typically 10 days, for a company’s comments to be received and provided with review and consideration by the CPSC and its staff.
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No injury is required for the CPSC to post a safety complaint on SaferProducts.gov. Congress defined “harm” to include the “risk of injury, illness.” Therefore, consumer complaints of a potential safety risk can be published, even if an actual injury did not occur.
Did your company receive a detention or seizure notice from U.S. Customs and Border Protection (CBP) or CPSC about its shipment?
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Yes. The CPSC has the authority to request that Customs and Border Patrol (CBP) detain your product for CPSC inspection for compliance with mandatory U.S. federal safety requirements. The CPSC can request that CBP detain your products, route them to a centralizaed examination station (CES) at the port of entry for examination, and they may request that non-compliant products be seized and destroyed. Even if the goods are ultimately released, companies may find themselves responsible for thousands of dollars of storage and demurrage fees for the time that its containers were detained at the private, bonded warehouse where the U.S. government sent the goods. Detentions can also result in delays in meeting retailer deliver requirements.
In July 2026, eFiling will be required for all imports of regulated consumer products for the first time.
Our attorneys understand the risk criteria used by the CPSC to identify and select goods for compliance examinations. Proper advance planning and counseling in advance can help reduce the likelihood that your products are selected for examination, avoiding unnecessary delays and excessive costs..
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eFiling is a new U.S. Consumer Product Safety Commission (CPSC) program that requires all importers of consumer products subject to a mandatory safety standard to electronically file data showing that their product is compliant with all applicable laws before a product is imported into the United States of America.
This information is currently found on a company’s certificates of compliance.. This information must now be filed electronically with the government at or before the time the imported product lands and enters the United States. This is the first time such a requirement has existed.
eFiling comes into effect on July 8, 2026 for most consumer product imports.
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In the US, the CPSC has long required that sellers certify the compliance of each of their children’s products in a self-generated Children’s Product Certificate (CPC).
(For for non-children’s products, this is called a a General Certificate of Conformity (GCC). Only certain non-children’s products require a GCC.).
These certifications are based on testing to a safety standard or requirement. For many years, these certificates have been required to be provided to the government upon request. With the new eFiling requirement, the CPSC and CBP now require, for the first time, that this information be filed for every imported shipment before a product is admitted to the United States.
There are seven (7) required data fields in a CPC:
Product ID: Identification of the finished product
Citation Codes: Each consumer product safety rule to which the finished product has been certified
Manufacture Date: Date when the finished product was manufactured.
Manufacture Place: Place where the finished product was manufactured, produced, or assembled, including the (1) name; (2) full address; and (3) contact information of the manufacturing party
Product Test Date: Date when the finished product was most recently tested for compliance
Testing Laboratory: Party(ies) used fortesting a certificate per 16 CFR Part 1110, including (1) name, (2) full address, and (3) contact information of testing entity
Point of Contact: Contact information for the party maintaining records of test results, including (1) name, (2) full address, and (3) contact information
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Item description
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In the US, the CPSC has long required that sellers certify the compliance of each of their non-children’s products - where a mandatory safety requirement exists - in a self-generated General Certificate of Conformity (GCC). The majority of non-children’s, or general use, products do not require a GCC but there are specific product categories that do, such as all-terrain vehicles (ATVs), bicycle helmets, button or coin-cell batteries, carpets and rugs, clohing storage units (dressers), fireworks, lawn mowers, lighters, magnets, mattresses, paints (that could contain lead), and special packaging for medicines. These are just some of the categories where a GCC is required.
These certifications are based on testing to a safety standard or requirement. For many years, these certificates have been required to be provided to the government upon request. With the new eFiling requirement, the CPSC and CBP now require, for the first time, that this information be filed for every imported shipment before a product is admitted to the United States.
There are seven (7) required data fields in a GCC:
Product ID: Identification of the finished product
Citation Codes: Each consumer product safety rule to which the finished product has been certified
Manufacture Date: Date when the finished product was manufactured.
Manufacture Place: Place where the finished product was manufactured, produced, or assembled, including the (1) name; (2) full address; and (3) contact information of the manufacturing party
Product Test Date: Date when the finished product was most recently tested for compliance
Testing Laboratory: Party(ies) used fortesting a certificate per 16 CFR Part 1110, including (1) name, (2) full address, and (3) contact information of testing entity
Point of Contact: Contact information for the party maintaining records of test results, including (1) name, (2) full address, and (3) contact informationdescription
What about Canada and Mexico?
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The Canada Consumer Product Safety Act (CCPSA), passed in 2010, contains rules about manufacturing, importing, selling, advertising and testing consumer products in Canada. Health Canada is a powerful agency that can order recalls of products on the market that pose a danger to human health or safety.
Importers, manufacturers, and retailers must prepare and keep certain information about the consumer products that it sells..
Importers, manufacturers, and retailers must report health or safety-related incidents related to a consumer product that it sells to Health Canada according to section 14 of the CCPSA..
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If you sell, import or manufacture consumer products in Canada for commercial purposes, you must report “incidents” to Health Canada where there was or could have been (near miss) a adverse effect on a consumer’s health. By law, this reporting also applies to “incidents” that happen outside of Canada. Some incidents must be report within 2 days and some reports must be reported within 10 days after becoing aware of an “incident.” Failure to report incidents to Health Canada can results in an investigation and/or an Order from the Minister to pay substantial civil fines and penalties.
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PROFECO (the Federal Consumer Protection Agency) enforces Mexico's Federal Consumer Protection Law (Ley Federal de Protección al Consumidor)
PROFECO is a powerful agency that can open investigations, order recalls (and full refunds) of products on the market that pose a danger to human health or safety, and impose financial penalties on companies in Mexico for not complying with product safety standards or otherwise taking actions could harm the life, safety or health of consumers
Mexico has mandatory safety standards, known as NOMs, for some consumer products, such as strollers
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Yes. The Consumer Product Safety Commission (CPSC) often works closely with other safety regulators around the world. The CPSC works most closely with Health Canada, sometimes jointly announcing recalls with them and/or the safety regulator in Mexico, PROFECO.
The CPSC is limited in what company information it may share with other regulators. By contrast, Health Canada and PROFECO can share information they have in their possession with the CPSC and its staff.
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