Expert Recall

Dave Schmeltzer

The 2008 Consumer Product Safety Improvement Act (CPSIA) introduces many to the Consumer Product Safety Commission. In addition to more resources and greater authority to issue recalls, the Act includes several new requirements for manufacturers, importers, and distributors.

One such requirement involves tracking labels for children’s products.

Section 103 of the Act, called Tracking Labels for Children’s Products, “requires manufacturers to have a tracking label or other distinguishing permanent mark on any consumer product primarily intended for children twelve and younger.” This law took effect on August 14, 2009.

According to Commissioner Thomas Moore of the Consumer Product Safety Commission (CPSC):

“The tracking label provision in the Consumer Product Safety Improvement Act… sprang from the legislative proposals I sent to Congress in July 2007.”

“Identifying the exact product to be recalled can also be a problem. Manufacturers are not required, in most cases, to put date codes or other distinguishing marks on their products every time they change them. Thus they often cannot tell the Commission at what point in a product’s production it presented a risk, and at what point the problem was fixed (particularly if they fixed the problem before the Commission became aware of it).

“Because old product can stay on store shelves for quite a while and be intermingled with newer versions of the same product, this presents problems for retailers and the Commission staff in identifying which products in stores are subject to the recall. I believe the law should put the burden squarely on the manufacturer / importer / distributor to make sure the products are marked (production date codes, for example) so that problem products can be readily distinguished by everyone.”

Isolating which products are recalled within a specific product line can often be difficult. While this label tracking requirement pertains specifically to children’s products, it demonstrates the broader need for proper identification and documentation with all types of consumer products in case a recall does occur. It also shows the CPSC’s commitment to ensuring that recalls will be conducted properly to protect the public.