Consumer Product Safety Commission

The Consumer Product Safety Commission (CPSC) was created by the Consumer Product Safety Act of 1972 to protect the public against unreasonable risks of injury associated with a wide range of consumer products. The rationale for this act came from a national commission study on product safety, which found that 20 million Americans were injured severely enough each year because of product-related [Page 430]accidents to require medical treatment. Some 110,000 of these people were permanently disabled and 30,000 were killed at a cost to the country of more than $5.5 billion annually. Thus, a crisis situation was believed to exist that demanded government attention, and the solution was direct regulation.

From an ethical point of view, it was believed that market forces alone did not assure that the public was protected adequately from unsafe and dangerous products. Under competitive pressures, business was likely to slight safety concerns and lessen its adherence to the principle of “do no harm” with regard to the products it put on the market. As products grew more sophisticated, consumers were less likely to know about the risks these products might pose to their health and welfare. Private organizations, such as Consumer Reports, which tested products, were not able to provide enough protection, and thus, it is was believed necessary to create a government agency with the expertise to fulfill this function.

The CPSC is a five-member commission headquartered in Washington, D.C., with several field offices and testing laboratories around the country. The commission has jurisdiction over some 15,000 types of consumer products ranging from automaticdrip coffee makers to toys to lawn mowers. The only consumer products not covered by the act are foods, drugs, cosmetics, automobiles, firearms, tobacco, boats, pesticides, and aircraft, all of which are regulated by other agencies. The CPSC was also given responsibility for enforcing specific consumer legislation including the Flammable Fabrics Act, the Refrigerator Safety Act, the Hazardous Substances Act, and the Poison Prevention Packaging Act.

The CPSC has the authority and responsibility to (1) develop and enforce uniform safety standards governing the design, construction, contents, performance, and labeling of consumer products under its jurisdiction; (2) develop voluntary standards with industry cooperation; (3) ban products if no feasible standard would adequately protect the public; (4) initiate the recall of products deemed to be hazardous or arranging for their repair; (5) conduct research on potential product hazards; and (6) inform and educate consumers through the media, state and local governments, and private organizations and by responding to consumer inquiries.

Regarding its enforcement powers, the commission can order a manufacturer, wholesaler, distributor, or retailer to recall, repair, or replace any product that it determines to be unreasonably risky in the course of its research. Where the action is deemed to be justified because of the hazard involved, the commission can simply ban the product from the market. In addition, the act also requires manufacturers, wholesalers, distributors, or retailers to report the existence of any substantial hazard that is known within 24 hours of discovery. The commission can then demand corrective action including refunds, recalls, public hearings, and reimbursement of buyers for expenses they incur in the process.

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