Expert Recall

By David Schmeltzer

On January 21, 2010, the Chairman of the Consumer Product Safety Commission, Inez Tenenbaum, testified before the House of Representatives Committee on Energy and Commerce’s Subcommittee on Oversight and Investigations. Her testimony, which followed crib recalls and stroller recalls for the same hazards as major recalls in 2009, intended to explain the agency’s plans to toughen recall standards and enhance recall requirements for manufacturers. While her testimony focused on the recall procedures and recall management of recent crib recalls, every industry regulated by the Consumer Product Safety Commission (CPSC) would do well to read and heed her testimony because it is very likely to be the harbinger of things to come.

In her statement, “Crib Safety:  Assessing the Need for Better Oversight”, Chairman Tenenbaum set forth her views on what should happen with regard to crib safety.  Three of the things she noted, constructively but emphatically, were:

1)      the Agency is now armed with additional authority because of the Consumer Product Safety Improvement Act (CPSIA) and provides additional funding;

2)      the Agency will expand its early warning system which is used to catch serious risks of injury as early as possible; and

3)      the Agency will place an emphasis on ensuring safe sleep environments in seeking new crib standards in 2010.

Regardless of how effectively a problem is found and a recall is implemented, the purpose of the recall is severely limited unless the users or owners of the product hear about it and do something to avoid or eliminate the problem.  As the Chairman stated in her presentation:  “Recalls are only effective if parents and caregivers avail themselves of the corrective action offered, and either return, replace, or fix the defective product in a manner that will ensure a baby’s safety.”

It is no secret that past and present Commission staff and Commissioners have been frustrated by the relatively small percentages of recalled products corrected.  The Chairman said she directed “CPSC staff to increase monitoring of corrective action plans” and that the Commission is considering requiring manufacturers or importers to offer either a refund or store credit when cribs are recalled. When recalling a product, it is not only important to ensure that all products are off the shelves, but that consumers receive an appropriate remedy.

Again, we must remember, that while Chairman Tenenbaum’s statement addressed crib safety, her concerns apply to all consumer products.

The Agency, in cooperation with the company(s) involved, issue approximately 500 “voluntary recalls” a year.  Since the Commission has made it clear that it will be monitoring the efficiency and effectiveness of the recalls, it behooves the industry to have contingency plans in place to manage a potential recall. Recall preparedness is directly linked to recall effectiveness.

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