Skip to main content

CPSC Adopts No PD Program to Speed Recalls and Save Lives

Release Date: August 06, 1997

The U.S. Consumer Product Safety Commission (CPSC) announced today the permanent adoption of the No Preliminary Determination (No PD) program. Under the No PD program, if a company agrees to recall a potentially defective product quickly, CPSC staff will not make a preliminary determination whether the product contains a defect that presents a substantial risk of injury to the public. Rather, the staff will work with the firm to recall the product. This will accelerate the recall process, save the government and companies time and money, and get dangerous products out of the marketplace in a matter of weeks.

By law, companies are required to report the discovery of potential product defects to CPSC. CPSC staff then preliminarily determines if there is a product defect and a substantial risk to consumers. If so, CPSC staff seeks from the company the submission of a voluntary corrective action plan to notify consumers of the hazard, locate the products, remove them from the distribution chain, and recall the product. The entire process can take months because CPSC staff must often conduct extensive technical evaluation of the product to identify a defect and determine whether the defect presents a substantial risk of injury to consumers.

Under the No PD program, a company reports a potential product defect to CPSC and informs CPSC of its plans for a corrective action to recall the product within 20 days. CPSC then evaluates the adequacy of the corrective action plan. If CPSC finds the corrective action plan to be adequate, it waives its preliminary determination and works with the company to expedite the recall.

Companies claimed that CPSC's formal preliminary determination process was a deterrent to their reporting product defects because companies were concerned of the possible adverse consequences CPSC's findings could have in private litigation. By eliminating deterrents to prompt reporting, the No PD program is expected to contribute to the quicker removal of millions of products from the marketplace that could injure or kill consumers.

Although companies may still choose to follow standard regulatory procedures, many companies have recognized the advantages of the No PD program. Since CPSC instituted a pilot No PD program in August 1995, it has approved 162 expedited recalls affecting nearly 14,500,000 potentially defective product units. In addition, CPSC has seen a higher rate of products returned by consumers with expedited recalls than with standard recalls. The success of the pilot program led to the permanent adoption of the No PD program on March 24, 1997.

For further information about this program or guidance on CPSC reporting requirements, companies should call (301) 504-7520.

Release Number
97-170

About the U.S. CPSC
The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risk of injury or death associated with the use of thousands of types of consumer products. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. CPSC's work to ensure the safety of consumer products has contributed to a decline in the rate of injuries associated with consumer products over the past 50 years. 

Federal law prohibits any person from selling products subject to a Commission ordered recall or a voluntary recall undertaken in consultation with the CPSC.

For lifesaving information:

Media Contact

Please use the below phone number for all media requests.

Phone: (301) 504-7908
Spanish: (301) 504-7800

View CPSC contacts for specific areas of expertise

Report an unsafe product