Has your product broken, caught fire, injured someone, caused someone to choke, or did your product have a “near miss” event and you are concerned abou your product’s safety?

As a a manufacturer, importer, distributor, or retailer of a consumer product, you may have a legal duty. duty to notify the U.S. Consumer Product Safety Commission (CPSC) immediately upon the receipt of information that “reasonably supports the conclusion” that the product

(1) fails to comply with an applicable consumer product safety rule or with a voluntary con- sumer product safety standard upon which the Commission has relied under section 9 [15 U.S.C. § 2058];

(2)        fails to comply with any other rule, regulation, standard, or ban under [the CPSA] or any other Act enforced by the Commission;

(3)        contains a defect which could create a substantial product hazard ...; or

(4)        creates an unreasonable risk of serious injury or death.”

The only exception to the reporting requirement is if the firm “has actual knowledge that the Commission has been adequately informed” of such defect, failure to comply, or risk.

If you fail to report this to the CPSC, your company may be violation of federal law and potentially subject to civil monetary penalties or, in rare case, criminal penalties.