Summary of Enhancing CPSC Authority and Discretion Act of 2011


On August 1, 2011, Congress passed H.R. 2715, entitled “The Enhancing CPSC Authority and Discretion Act of 2011 “[t]o provide the Consumer Product Safety Commission with greater authority and discretion in enforcing the consumer product safety laws, and for other purposes.” Key provisions of the new legislation include:

o CPSC’s Consumer Complaint Database

- When CPSC receives notice that a “report of harm” contains materially inaccurate information, it must stay the publication of the report for a period of no more than 5 additional days.

..CPSC is required to ask consumers submitting a “report of harm” for the model or serial number of the product or, if not available, a photograph of the product if this information was omitted from the original report and relay immediately that information to the manufacturer. Nevertheless, CPSC must publish the report on the 15th business day after receipt, even without such information. CPSC may not (1) delay transmission of a report to the manufacturer or private labeler until it has received such information or (2) make a report’s inclusion in the database contingent upon the availability of such information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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