Recall Progress Reports and Coming Changes

For those of you who have recently conducted a recall, you may have noticed that the U.S. Consumer Product Safety Commission has been paying more attention to monthly progress reports on the status of recalls. Every corrective action approved by the CPSC requires submission of progress reports every month, typically for a year after the recall. In the past, companies have sometimes fallen behind in filing progress reports, and CPSC on occasion let that go by. But no more. Starting this year there has been a renewed focus on getting companies to catch up with monthly progress reports and stay current.

CPSC is now developing a system for filing monthly progress reports electronically.  In fact, at its mid-year review last month the Commission voted to begin publishing monthly progress reports. Thus, they will become even more important, and there will be even more focus on timely submissions. It is not yet clear when or how publication will be implemented. We will be monitoring this issue, so stay tuned for more information.

When planning a recall, it is important to also plan for filing monthly progress reports. Data for those reports comes from a variety of sources, and gathering it on an ongoing basis can be a challenge. With CPSC’s focus on monthly progress reports—and their eventual publication—creating a system to gather that data and timely report it becomes even more pressing.

Finally, it will also become more important to seek CPSC approval to stop submitting progress reports after they have been filed for a year.

This blog was written by Timothy Mullin at Miles & Stockbridge.

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