Protecting Americans from CCP Products

Summary#

This bill amends the Consumer Product Safety Act to give the Consumer Product Safety Commission (CPSC) extra authority over certain products tied to the People's Republic of China (including Hong Kong and Macao). The CPSC could order a mandatory recall of a product without the manufacturer's or retailer's consent if: the manufacturer or retailer is located in the People's Republic of China; the product is sold directly to U.S. consumers (including online); the CPSC asked the company for information or action and did not get a timely or adequate response; and the CPSC finds the product presents a substantial product hazard. The bill creates a rebuttable presumption in favor of the CPSC's claim that a product is hazardous. The CPSC must publish a notice of any mandatory recall on its website and send the notice to known distributors, importers, and platforms at least 30 days before the order takes effect. The bill also changes the law's definition of "distributor" so that an e-commerce platform headquartered in or primarily operating from the People's Republic of China that facilitates sales to U.S. consumers is treated as a distributor under the Act.

What it means for you#

  • If you buy products directly from sellers based in the People's Republic of China (including via online platforms), the CPSC could order a recall of a dangerous product without the seller's agreement.
  • The CPSC must post recall notices on its website and notify known distributors, importers, and platforms at least 30 days before such a recall takes effect.
  • An e-commerce platform headquartered or primarily operating from the People's Republic of China that sells to U.S. consumers would be legally treated as a distributor under the Consumer Product Safety Act.

Expenses#

No publicly available information.

Proponents' View#

Supporters would say the changes let the CPSC act more quickly to remove dangerous products sold directly to U.S. consumers when foreign manufacturers or platforms do not respond to requests for information or action. Treating certain China-based e-commerce platforms as distributors is intended to make those platforms clearer targets for enforcement under the Act.

Opponents' View#

No publicly available information.