The US Consumer Product Safety Commission (CPSC) is going live this March with its new ‘Publicly Available Consumer Product Safety Information Database’, which can be found at http://www.saferproducts.gov. The Final Interpretative Rule has been published for database maintenance, along with comments from the public and responses from the CPSC.

Fairfield, NJ -- (SBWire) -- 03/22/2011 -- Database Enables Public Comment on Safety of Consumer Products

A requirement of the CPSIA, section 212, the Publicly Available Consumer Product Safety Information Database will allow consumers to post comments and complaints related to safety issues including incidents and injuries that occur during the use of consumer products, thus enabling consumers to make informed purchase decisions. The CPSC is hoping that increased public awareness of potential hazards in the use of a given consumer product will contribute to greater levels of consumer safety.

The Database will allow manufacturers to comment on reports submitted by consumers, providing for increased engagement with the public with a view toward manufacturers being able to improve their ability to address any potential safety hazards associated with their products.

The CPSC also hopes to utilize the Database (http://www.cpsc.gov/businfo/frnotices/fr11/database.pdf) to share information with other government agencies, thus enabling a quicker and more rigorous enforcement of product safety regulations (http://www.hardlines.sgs.com/cpsia-hardlines-information-request).

Manufacturers Raise Concerns

Manufacturers and industry trade associations have some reservations about the Database, however. They point out that 16 CFR §1102.10(a) allows persons other than consumers to report incidents, including consumer attorneys, government agencies, health care professionals, child service providers and public safety bodies. Manufacturers point out that an increase in both inaccurate reporting and litigation could result. Manufacturers also fear that they could find their products unfairly suffering a loss of reputation.

The Database’s Final Interpretive Rule requires the CPSC to notify retailers of a report of harm. This also causes manufacturers concern as retailers may then seek to modify contractual agreements by way of ensuring that reports are passed on to them without significant delay.
Database regulation establishes that a report of harm can be filed online in the Database 10 business days after the manufacturer of the product has been informed. Manufacturers point out that 10 business days is not very long to fully investigate and respond to allegations before a report of harm is made public on the Database.

Consumer Industries Find New Challenge in Monitoring Database

Manufacturers, retailers and private labellers of consumer goods will now be best advised to closely monitor the online Database, especially with regard to the reports of harm filed with the CPSC, which will be made publicly available through the Database. As CFR §1102.6(b)(8) specifies, a report of harm is defined as “any information…regarding any injury, illness, or death, or any risk … relating to the use of a consumer product.”

Companies are able to register with the CPSC so that they can receive timely notification of any reports of harm filed against their products. The CPSC hopes to enable companies to respond quickly to any reports of harm, with comments, questions and feedback encouraged so as to enable further product evaluation by CPSIA accredited labs (http://www.hardlines.sgs.com/consumerproducts/hot-regulatory-topics/cpsia-hardlines-information-request/sgs-cpsia-accredited-labs-hardlines.htm)and clarification with regard to any required remedial action.

SGS continuously monitors publicly available consumer product safety information in the USA, Europe, Canada, Australia and other major economies. Interested parties can receive regular updates through SGS SafeGuards publications (http://www.sgs.com/safeguards). Updates on product safety legislation in other countries around the world can be provided upon request.

For further details please contact:

SGS Consumer Testing Services
Fred Mills-Winkler
Technical Director Toys, SGS North America Inc.
SGS - North America, Inc., 291 Fairfield Ave., Fairfield, NJ 07004, USA.
t: +1 973 575 5252 ext. 22038
E-mail: fred.millswinkler@sgs.com
Website: http://www.hardlines.sgs.com/consumerproducts

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognised as the global benchmark for quality and integrity. With 64'000 employees, SGS operates a network of over 1'250 offices and laboratories around the world.