Is the CPSC required to recall children's products that pose choking hazards?

What the Law Says

The Consumer Product Safety Act (CPSA) establishes the CPSC’s mission and authority over consumer product safety—including children’s items—but does not impose an automatic recall requirement for choking hazards. Instead, it empowers the agency to act when a product presents a 'substantial product hazard.'

The CPSA declares that 'the purpose of this chapter is to protect the public against unreasonable risks of injury associated with consumer products.' It authorizes the CPSC to develop safety standards, conduct investigations, and enforce recalls—but only after finding a product creates a substantial hazard.

Choking hazards in children’s products are treated with special concern due to developmental vulnerability. While the CPSA itself doesn’t list choking as a standalone trigger, the CPSC has issued specific rules—like the Small Parts Regulation (16 C.F.R. § 1501)—that define when a component poses a choking risk for children under 3.

Importantly, the law does not require the CPSC to initiate a recall simply because a choking hazard exists. A recall must be preceded by a formal determination that the product presents a 'substantial product hazard,' defined under 15 U.S.C. § 2064(a) (though not quoted here, as it was not provided in the prompt).

Statutory Text

The purpose of this chapter is to protect the public against unreasonable risks of injury associated with consumer products.

— Consumer Product Safety Act, 15 U.S.C. § 2051 — Congressional findings and declaration of purpose

What to Do

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