Presenting Evidence That a Product Is Not Violative
Chapter 2 - Presenting Evidence that a Product is Not Violative
This Chapter contains the procedures to be followed if a firm disagrees with the Commission staff determination that a product is in violation of a regulation or standard administered by CPSC.
Responding to CPSC Notification of Violative Product Status
When the CPSC Compliance Officer notifies you in a LOA that a product you manufacture, import, or distribute fails to comply with a CPSC statute, standard or regulation, you may disagree with the staff’s determination.
The LOA will state that the firm may present evidence that a violation does not exist or that a product is not covered by the applicable statute or regulation. In response to the LOA, you may submit to the Compliance Officer evidence and arguments that support why you believe the product is not violative, not covered by a specific regulation, or should not be refused admission into the U.S. (if the violation involves an import sample).
A firm may respond to a Letter of Advice in writing and/or the firm may request an informal hearing to meet personally with the Office of Compliance staff to orally present views and evidence.
Such evidence may consist of:
results of tests indicating the product complies with the applicable regulation;
marketing data indicating the product is not intended for the population group protected by the regulation;