5 Ways to combat material changes and non-compliant products

We are getting ready to start another year, and it looks like it will be at least another year until we can again travel to our factories and suppliers. On top of that, the CPSC has gone into aggressive enforcement mode, so how can you be sure that you have the right policies and procedures in place to protect your brand and reduce your risk of importing a non-compliant product?

The supply chain shortages you have heard about are real, so how can you be sure that the product you tested eight months ago is the same as the one on the shipment you are expecting for delivery before Chinese New Year?  A material change is your most significant threat to the compliance of your products, so here are a few things you can do to lessen your risk with upcoming shipments.

Implement material change policy
  1. Implement a supplier guide to outline your requirements that address everything from packaging, labeling, product testing, and material change. 
  2. Implement language into your Purchase Orders related to the compliance of your products. Get the factory to agree that it will be liable for your company’s economic loss that results from its failure to comply with its product safety obligations.
  3. Implement a material change policy with forms to document any material changes, so your factory can notify you of any changes that might affect the certification of your products, as new testing may be warranted if new raw materials or components are used. 
  4. Perform pre-shipment checks using a third-party inspection company so you can verify both the quality and compliance of your products. Tracking labels for children’s products and incorrect Children’s Product Certificates are low-hanging fruit for the CPSC, so make sure these are in order.
  5. Do an unannounced factory inspection and test for lead or phthalates to ensure that your products comply.  Be mindful of who selects the product sample to be tested, as it must be a representative sample of the product you are introducing into commerce.

Your factories and suppliers are your business partners, so you need to set the right expectations and hold them accountable for manufacturing excellent quality and compliant products. Never prepay for goods before delivery. If possible, the best practice is to place a deposit to start production and the next payment upon your product clearing customs, so they know they have your best interests in mind!

With the new year fast approaching, now is the time to implement these changes and others to update this and any part of your compliance program for the way you currently do business, as it seems like the next few months will be more of the same as Covid does not seem to be going away soon.

CPSC Launches New Online Tool to Make it Easier for Businesses to Report Hazards and to Protect Consumers; Mandatory for Fast Track Program in January 2022

WASHINGTON, D.C. –Firms are required to report to the U.S. Consumer Product Safety Commission (CPSC) potentially hazardous products that they manufacture, distribute, import or sell. To encourage more online reporting of these potential hazards, CPSC will require firms to use a new, upgraded online reporting system for Fast Track recalls. 

“Our goal is to protect consumers, by identifying and removing hazardous products from the marketplace more quickly, and by streamlining the recall process,” said CPSC Chair Alex Hoehn-Saric.  “We are extremely proud of the hard work that CPSC staff put into creating this new tool to facilitate online reporting.”

CPSC’s Fast Track program helps consumers by removing hazardous products from the marketplace quickly, and it rewards businesses that act swiftly to implement corrective action. 

The updated Section 15(b) reporting system for companies, now available at www.saferproducts.gov/business, has a user-friendly interface that includes hover-over features and guidance for firms to navigate the submission process.  Firms using the new site will also receive an emailed copy of all information submitted to CPSC through the system, along with emailed case updates, deadline reminders and contact information for the CPSC staff handling their report.

This system is also mobile-friendly, so users can now submit reports and provide attachments via their smart phones or tablets.  Businesses that participate in the Fast Track program will also be able to review and approve a system-generated draft recall press release before submitting their report, to help expedite the overall recall process.  

Effective January 31, 2022, businesses that want to participate in the Fast Track program will be required to submit their Section 15(b) reports exclusively online through the portal.  Reports received via email, fax, or mail for participation in a Fast Track recall will be rejected after this date, and the firms will be directed to resubmit their reports via the online system.

Although many of the new system features, and its mandatory use, apply specifically to Fast Track recalls, non-Fast Track filers are strongly encouraged to use the updated online system, as well. Users can easily file an initial report and can submit additional information and documents, if desired, using the system. 

Visit the Fast Track information page to see how the new system can benefit companies  considering a recall. 

The new online business portal for the Fast Track Program can be found at www.saferproducts.gov/business