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What's the difference between the CPSC, FDA and NHTSA?

September 20, 2012 | Category: Defective Products | Share

The United States Government works to save lives and keep families safe by reducing the risks of injuries and deaths associated with consumer products. 


"We at Spivey Law Firm, Personal Injury Attorneys, P.A., Ft. Myers, FL also make this one of our primary goals.  You and your family's safety is very important to us ,and we are providing this information to assist you," says Randall Spivey.


There are three government agencies of which you should become aware.  They are:

  • The Consumer Product Safety Commission (CPSC)
  • The Food & Drug Administration (FDA)
  • The National Highway Traffic Safety Association (NHTSA)


CPSC Logo 





The CPSC holds the responsibility of reducing unreasonable risks of injury or death associated with consumer products from defective products that pose a fire, electrical, chemical or mechanical hazard or that can injure the public. The commission establishes rules and guidelines for manufacturers and helps consumers identify safety risks.  CPSC tracks injury statistics in products to determine whether there is a need for mandatory safety rules.  An example of mandatory safety rules would be the use of flame-retardant fabric for children's sleepwear; non-mandatory guidelines would be those concerning playground surfacing.   


They have the power to require mandatory product recalls and the ability to suggest to manufacturers and retailers voluntary product recalls.    For example the CPSC has just required Wal-Mart stores and Toys R Us to immediately recall over 21,000 inflatable water sides made by Banzai after the death of a 29 year-old Colorado woman and serious injuries to other people including a 24 year-old man who is now left quadriplegic.   


The CPSC maintains a database at which is publicly searchable for information about products already in consumer's homes or products consumers considering purchasing.  The database also allows consumers to submit reports to the CPSC about the harm or risk  related to the use of any consumer product within the scope of the CPSC.  Product manufacturers, importers and private labelers identified in a report may submit comments to be displayed along with any reports.



 FDA logo



The FDA regulates a significant portion of consumer purchased products such as food, drugs (prescription errors and dangerous drugs), medical devices and cosmetics.  An example of an FDA mandatory recall is the DePuy Hip Implant recall  made by DePuy Orthopedics a subsidiary of Johnson & Johnson.


The FDA provides information on how you can report a problem at:



NHTSA logo




The NHTSA regulates automobiles, trucks, motorcycles, and other on-road vehicles as well as tires and child car seats.  For information on recalls and defects go to:



If you or a loved one has been injured, please contact us today to discuss your legal rights.  Our focus is you and your family's well-being. 



Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by less than 2 percent of Florida attorneys. He has handled over 1,500 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239. 337.7483 or toll free at 1.888.477.4839, or by email to  Visit for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.


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Fort Myers, Florida 33912

(239) 337-7483

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