As discussed in the November 28, 2010 blog post, the CPSC recently approved the structure for a consumer incident database mandated by the 2008 Consumer Product Safety Improvement Act. The database will allow consumers to submit reports regarding harm or potential harm caused by consumer products, allow consumers to search for complaints and recall information about consumer products, and permit manufacturers to comment on complaint information found in the database. The new database will be available on the CPSC’s website in March 2011. More information about the CPSC’s final rule and structure of the database is available in Kelley Drye and Warren’s December 9, 2010 client advisory.
The CPSC’s final rule will become effective 30 days after its publication in the Federal Register. In the meantime, manufacturers and private labelers of consumer products should develop internal procedures for handling reports and the related potential product liability consequences.