Falling off the Fast Track: CPSC’s new “Stop Sale” Demand

When a company sells a consumer product that poses a potential hazard to consumers, federal law requires that a report be filed with the U.S. Consumer Product Safety Commission (CPSC). Over the last few months, however, the CPSC has instituted a new requirement for participating in the Fast Track Program: a “stop sale” obligation. The “stop sale” obligation means that companies are required to immediately tell their retailers to stop selling all affected versions of the product. The CPSC has further insisted that companies comply with this requirement even before the company’s proposed remedy has been approved and without any timetable as to when the proposed recall would be announced if the remedy were to be approved.