Disciplined in Sophisticated Defense and Insurance Litigation

June 05, 2006 | Publication| A Product Supplier's Liability Exposure for Noncompliance With its Obligation Under the Consumer Product Safety Act and Related alternative Statutory Authorities

Dean S. Rauchwerger

Manufacturers, importers, distributors and retailers have the obligation to place only those products that are safe for use into the stream of commerce. In addition to those obvious duties, these entities also face significant duties under the Consumer Product Safety Act (CPSA) ' and other legislation and regulations enforced by the Consumer Product Safety Commission (CPSC). 

Whether prosecuting or defending a product manufacturer, it is critical to appreciate the various CPSA obligations that provide powerful liability hooks. For example, a manufacturer's
product liability exposure frequently involves breach of post-sale duties of disseminating appropriate and updated warnings, safety bulletins, and installation and operating instructions, as well as implementing corrective actions, including product recalls, where necessary to avoid foreseeable dangers, risks and hazards from a recognized product defect.