Julie Vallese: Product recalls gain higher profile

Julie Vallese

The Consumer Product Safety Commission announced recalls Tuesday of four products: child 'sidewalk' bicycles, fast-food kids' meal toys; portable bassinets and cabinet and drawer safety latches. CNN Consumer Safety Editor Julie Vallese provides insight into the recall process and the CPSC.

Q. Have there been more consumer product recalls lately?

A. The Consumer Product Safety Commission is responsible for the safety of over 15,000 consumer products. It may seem as though there have been more recalls lately but that's not really the case. In 1999 the agency recalled 315 products and last year they recalled 291. Under the current chairman, on average the Consumer Product Safety Commission announces between 250 and 300 recalls a year. This year is expected to be no different.

Recalls are announced when an investigation has been completed and a number of factors are put in place. It may be that these four investigations were completed around the same time and the manufacturers were all able to comply with the terms around the same time. Also, the commission tends to group recalls to maximize the media exposure. They have found if a recall goes out one day and another goes out two days later the media may or may not pick up the story. However, if there are three or four recalls on the same day the CPSC has found it is difficult for the media to ignore the announcements.

Q. It surely seems as if there is more news about recalls. I guess the media are more aware of their importance. Do you agree?

A. At the beginning of her chairmanship the current CPSC Chairman (she asks that the title not be gender specific) Ann Brown lobbied media organizations hard to cover and report safety problems and recalls of consumer products. Because it is so difficult to track down consumers and locations of products after they have left the store, she felt the media would be the best way to get the word out to the public. This is done in the case of a product recall, safety alert or education campaign.

It's true the media responded and consumers listen for product recalls in regular consumer reports. It's a case of the public being better informed. The CPSC says they have received comments from the public saying they didn't know the agency existed or they didn't know how the agency worked and now know there is a place to turn with questions or concerns about consumer products.

Q. What role does the Consumer Product Safety Commission play in the recall scenario?

A. There are different divisions of the CPSC. The Office of Compliance deals with all things regarding recalls. It is the division of the agency that investigates potential product problems and makes the recommendation for a recall. The CPSC works with companies and manufacturers to provide a "fix" for a problem and the necessary resources needed to implement a recall.

Q. What kind of conditions bring about a recall?

A. The CPSC doesn't need a "body count" to recall a product. The agency actually works very hard to keep body counts down and hopefully pulls a product before people are hurt. The agency hopes every recall is a preventative one but sometimes people don't report problems until someone is hurt. Oftentimes a recall will be announced and the information will say, "there have been X number of reports of problems but no injuries." A recall on a product is made when investigators can see a trend in a particular problem or when the design of a product is so poor investigators can see a bigger problem is just a matter of time.

Q. How does a recall work?

A. Generally speaking there are two ways a recall works.

A company or organization may have received a number of complaints about a specific problem. The company is required by law to report those complaints to the CPSC. The company may tell the CPSC they are announcing a recall and ask for the agency's help or they just do it on their own.

The second way is the CPSC may have received complaints from consumers about a specific problem. The agency then uses its own investigators, finds and tests the product. They evaluate the potential problem, conduct a technical review of the problem and then determine if a recall is necessary.

If there is cause for a recall there are a couple of steps. All legal issues surrounding the product are explored. The CPSC notifies the company. If the company agrees to a recall the company and the CPSC work out the time line and specifics of the recall. The company then notifies their manufacturers, suppliers and retailers. The products are pulled from the shelves and stock room of retailers. A "fix" is tested until one is approved by the CPSC and it is manufactured. The company sets up an 800 number and trains people to operate the recall hotline. They are educated on what product is being recalled, the problems it can or has posed, how to identify if a consumer has the recalled product or one similar and what a consumer should do if they have the recalled product.

Once all of that is done the CPSC and the company announce the recall.

Q. Are companies generally helpful or reluctant if they are asked to do a recall?

A. When the CPSC asks a company to recall a product, companies usually comply. Since 1989 there have been only three cases where the CPSC had to take a company to court to force a recall. Those cases involved a Black and Decker under-the-counter toaster oven, Omega sprinklers, and a Cadet in-wall heater.

Companies are a little more reluctant to admit they have broken any regulations set by the CPSC, such as reporting problems or complaints to the agency. If the CPSC finds that a company has failed to report dangerous products or complaints about a product to the agency it usually results in heavy fines.

Q. Are consumers more savvy when it comes to lodging complaints about products?

A. I'm not sure if consumers are savvier about lodging complaints. I'm sure some still are not aware there is a place to go to report problems other than the company. Possibly with each new recall more people become aware of the responsibilities of the CPSC

Q. Is the CPSC more aggressive these days in pursuing recalls?

A. Yes, the agency has become much more aggressive in pursuing unsafe products. Chairman Brown at the beginning of her term made it clear that part of her mission was to get rid of unsafe products and make products safer. Brown also made it clear that making the world a safer place for children was part of her mission. She has focused on product recalls as well as safety alerts and education campaigns for children's toys and activities.

The Office of Compliance really could be set up in one of two ways. The first would be an agency that educates and informs consumers. Or they could be an agency that investigates, recalls and informs consumers. Currently it is safe to say they are much more the latter.