January 25, 2010 - The Consumer Product Safety Commission (CPSC) published in the Jan. 21 Federal Register a final rule that establishes guidelines and requirements for mandatory recall notices. The final rule was required by section 214 of the Consumer Product Safety Improvement Act of 2008. The purpose of the guidelines and requirements is to ensure that every mandatory recall notice effectively helps consumers to identify the affected product, to better understand the hazards identified with that product, as well as information relating to such hazards, and be made aware of all remedies available to consumers concerning that product. The final rule guidelines and requirements apply to manufacturers, importers, retailers and distributors of covered consumer products.
This rule lays out information that must appear on mandatory recall notices ordered by CPSC or a U.S. District Court pursuant to certain sections of the Consumer Product Safety Act. Additionally, the rule contains guidelines regarding supplementary information that CPSC or a court may order to be included on a mandatory recall notice. Some of the rule's provisions include requirements that recall notices be written in language designed to be understood by targeted consumers and other persons, the inclusion of at least two of the recall notice forms mentioned in the rule (options include Web site postings, e-mail, RSS feeds, radio and television transmissions, press releases, newspapers and magazines, advertisements and service bulletins), and that CPSC review and agree to all notices before they may be delivered to affected persons.
Specific information that the final rule requires to be in mandatory recall notices include the word "recall" in the heading and text, a description of the information that will enable consumers and other persons to readily and accurately identify the specific product and distinguish it from similar products, quality color photographs of the affected product, a description of the actions being taken concerning the product, the identity of each manufacturer and significant retailer of the product and the country of manufacture.
The full text of the final rule is available at
http://fdsys.gpo.gov/fdsys/pkg/FR-2010-01-21/pdf/2010-873.pdf.