Who is responsible for a product recall?
A fire extinguisher is viewed by the U.S. Consumer Product Safety Commission (“CPSC”) as a consumer product, and thus fire extinguishers are subject to the product recall requirements in the Consumer Product Protection Act, 15 USC 2051 et seq. The Act imposes recall responsibility on the manufacturer and any seller of a consumer product with a defect that creates a substantial product hazard. (15 USC 2064). If the manufacturer of an extinguisher is insolvent, bankrupt, out of business, under-insured or beyond U.S. jurisdiction, it is the retailer who may be called on by the CPSC to conduct the recall, compensate the customers, replace the product and pay the associated costs. * What does “UL Listed” mean in relation to fire extinguishers? The reputation of Underwriters’ Laboratories Inc. for testing for the public safety is renowned. On a dry chemical extinguisher, the UL Mark is a positive representation to the consumer that the extinguisher meets or exceeds the requirements of the NF
