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Children's Product Definition

Substantial Product Hazards and Civil Suits

 

For any consumer product manufactured, imported, distributed, or retailed, a company is required to report to the CPSC information which reasonably supports the conclusion that:

  • the product fails to comply with an applicable consumer product safety rule;
  • the product contains a defect which could create a substantial product hazard; or
  • the product creates an unreasonable risk of serious injury or death.

Substantial product hazard reports are required to be made within 24 hours of when the firm has obtained information which reasonably supports the conclusion that its consumer product fails to comply with an applicable consumer product safety rule or voluntary consumer product safety standard, contains a defect which could create a substantial risk of injury to the public, or creates an unreasonable risk of serious injury or death.

  • If information is not clearly reportable, a subject firm may spend a reasonable time for investigation and evaluation, not to exceed 10 days unless a firm can demonstrate that a longer period is reasonable.
  • Reporting to the CPSC is required if a particular model of a product is the subject of at least 3 civil actions filed in Federal or State Court and the suits allege the involvement of that particular model in death or grievous bodily injury.
    • If a report is required, it must be reported to the CPSC within 30 days after the final settlement or court judgment in the last of the three civil actions
  • Regulations on Substantial Product Hazard Reporting and Civil Suit Reporting are at 16 CFR Parts 1115 and 1116.