Services provided by PSA

  PSA can help corporations and industries understand their responsibilities to comply with federal regulations under the Consumer Product Safety Act and several other Acts administered by the agency, as well as the roles of voluntary standards in product safety. Sometimes the intricacies of the various Acts administered by CPSC are confusing, and firms need assistance in understanding their obligations under the various laws and standards, including timelines and deadlines associated with these responsibilities.

Firms have an obligation under federal law to report to CPSC's Office of Compliance when they receive information that suggests that their product might contain a defect (either in design, manufacturing, or use -or even misuse- patterns) that could pose a hazard to consumers.  This law is very broad, it was written deliberately to require firms to err on the side of caution, and it also gives CPSC broad authority to investigate potential defects and to make a determination that a product contains a defect.  To further complicate matters, firms have a definite short timeframe in which to collect the facts and report to CPSC, and the penalties for failing to meet the timeliness requirement can be very costly. 

As a former official in the Office of Compliance supervising many hundreds of defect investigations and recalls, I can work with you or your attorneys to understand your obligations and the subtleties of the process.  Keep in mind that all reports do not result in recalls; only about half the reports submitted voluntarily by firms result in recalls or other corrective actions.  Section 15 was intended to get firms to report out of an abundance of caution to protect consumers, and the procedures include the possibility of closing the case without a recall or other action.  I can help you understand the process, the considerations that CPSC brings to the case, and the best way to address your reporting obligation.  I have worked this process with many companies over almost 20 years.  

Roy’s 27-year career at the U.S. Consumer Product Safety Commission has given him broad experience in both the development and the enforcement of federal product safety regulations, in the development of voluntary standards, in analyzing and testing products, including diagnostic failure analysis, and especially in the policies, procedures, and practices (as well as the day-to-day operations) of the CPSC. 

PSA has extensive experience in providing consultant and expert witness litigation support to responsible corporate citizens  including manufacturers, importers, distributors and retailers (as well as to law firms and trade associations representing them) that have complied with regulations or that have participated in the development of voluntary standards, but who nevertheless have been sued. PSA has helped firms seeking litigation support to defend against spurious claims about their operations.