Sec. 3. Increased notification about recalls by companies participating in recalls
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/bill/117/hr/3724/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 15 of the Consumer Product Safety Act ( 15 U.S.C. 2064 )— in subsection (c)(1), by striking the Commission may order and inserting the Commission shall order ; and in subsection (d)(1), by striking any distributor or retailer of the product and inserting any importer distributor, or retailer of the product to cease distribution of the product or Section 15(d) of such Act ( 15 U.S.C. 2064(d) ) is further amended— by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following new paragraph: The Commission may not approve an action plan submitted pursuant to paragraph
(2)unless such action plan provides that the person submitting the action plan has performed or will perform the following: Not later than the expiration of the 365-day period starting on the date the Commission approves the action plan, spending on advertising the recall of the product subject to the order, using methods including those determined by the Commission for conducting recalls, an amount equal to the greater of— at least 25 percent of the dollar amount spent by such person in the 12-month period during which such person spent the greatest amount on traditional marketing (not including marketing through the internet) of the product; plus at least the total dollar amount spent by such person marketing the product through the internet; or if the product was part of a subscription service, at least 5 percent of the dollar amount spent by such person marketing the subscription service under which the product was sold. Submitting to the Commission such evidence the Commission determines adequate to show that such person has complied with the requirements in subparagraph (A). Posting in a clear and conspicuous manner the notice described in subsection (c)(1)(D) on any internet website maintained by such person until the participation rate in the recall that is the subject of the notice is at least 95 percent. Posting to each social media platform maintained by such person the notice subsection (c)(1)(D), or a description of such notice and a link to such notice, at least 5 times each calendar month for the 12 months after the Commission has approved the action plan. ; and by adding at the end the following new paragraph: In this subsection— the term social media platform means a website or internet medium that— permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing users to create, share, and view user-generated content through such an account or profile; enables one or more users to generate content that can be viewed by other users of the medium; and primarily serves as a medium for users to interact with content generated by other users of the medium; and the term subscription service means a service under which two or more consumer products are sold to consumers that does not permit the consumer to select each product comprising an individual package. . Paragraph
(4)of section 15(d) of such Act ( 15 U.S.C. 2064(d) ) (as redesignated by section 3(b)(1)(A) of this Act) is amended by adding at the end the following new subparagraph: If the Commission revokes its approval of the action plan, the running of the 365-day period in paragraph (3)(A) shall be tolled. If the Commission approves an alternative action plan to the action plan for which approval was revoked, the time period for completing the expenditures as required by paragraph (3)(A) for such alternative action plan shall not exceed the number of days that did not elapse under such 365-day period. . Section 15(f) of such Act ( 15 U.S.C. 2064(f) ) is amended— in paragraph (1)— by striking Any settlement and inserting Subject to paragraph (2), any settlement ; and by striking unless the settlement offer is clearly frivolous or duplicative of offers previously made ; by redesignating paragraph
(2)as paragraph (4); and by inserting after paragraph
(1)the following new paragraphs: A settlement offer described in paragraph
(1)may not be transmitted if such offer— is clearly frivolous; is duplicative of offers previously made; or does not obligate the manufacturer, distributor, importer, or retailer that is a party to such offer to perform the actions in subparagraphs
(A)and
(B)of subsection (k)(1). At the outset of a hearing under this subsection, the Commission shall recommend that a manufacturer, distributor, importer, or retailer that is or becomes a party to a settlement offer perform the actions described in subsection (d)(3). . Section 15 of such Act ( 15 U.S.C. 2064 ) is further amended by adding at the end the following new subsection: Any voluntary corrective action taken by a manufacturer, distributor, importer, or retailer in consultation with the Commission relating to a product described in subsection
(b)may be determined by the Commission as a sufficient remedial measure only if, as part of such voluntary corrective action— such manufacturer, distributor, importer, or retailer provides the notice required by subsection (c); and such notice is posted in the manner required by subparagraphs
(C)and
(D)of subsection (d)(3). When a manufacturer, distributor, importer, or retailer informs the Commission that it will take voluntary corrective action in consultation with the Commission, the Commission shall recommend that such manufacturer, distributor, importer, or retailer perform the actions described in subsection
(d)as part of the voluntary corrective action. .
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Sec. 3
Increased notification about recalls by companies participating in recalls
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