CPSC Finalizes Apparel Importer's $40K Fine for Drawstring Reporting Failure
On March 9, 2011, the Consumer Product Safety Commission announced that Ms. Bubbles Inc. of California has agreed to pay a civil penalty of $40,000 to settle staff allegations that the firm knowingly failed to immediately report to the CPSC, as required by federal law, that children’s hooded jackets it imported and distributed in commerce had drawstrings. The penalty agreement has been provisionally accepted by CPSC.
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(See ITT’s Online Archives or 02/23/11 news, 11022315, for BP summary of CPSC announcing the provisional penalty agreement with Ms. Bubbles.)
Must Inform CPSC Within 24 Hours if Product Has Substantial Hazard
CPSC states that Federal law requires manufacturers (including importers), distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or violates any consumer product safety rule, or any other rule, regulation, standard, or ban enforced by the CPSC.
Commissioner Nord Has Urged Rule on Drawstrings, End to Ad Hoc Enforcement
In February 2011, Commissioner Nord has issued a statement on this settlement saying that CPSC needs to promulgate a rule with respect to drawstrings on children’s clothing rather than just continuing to address this risk on an ad hoc enforcement basis. (See ITT’s Online Archives or 02/14/11 news, 11021413, for BP summary.)