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15 U.S. Code § 2064. Substantial product hazards
(a) “Substantial product hazard” definedFor purposes of this section, the term “substantial product hazard” means—
(1)
a failure to comply with an applicable consumer product safety rule under this chapter or a similar rule, regulation, standard, or ban under any other Act enforced by the Commission which creates a substantial risk of injury to the public, or
(2)
a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.
(b) Noncompliance with applicable consumer product safety rules; product defects; notice to Commission by manufacturer, distributor, or retailerEvery manufacturer of a consumer product, or other product or substance over which the Commission has jurisdiction under any other Act enforced by the Commission (other than motor vehicle equipment as defined in section 30102(a)(7) of title 49 [1] ), distributed in commerce, and every distributor and retailer of such product, who obtains information which reasonably supports the conclusion that such product—
(1)
fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Commission has relied under section 2058 of this title;
(2)
fails to comply with any other rule, regulation, standard, or ban under this chapter or any other Act enforced by the Commission;
(3)
contains a defect which could create a substantial product hazard described in subsection (a)(2); or
(4)
creates an unreasonable risk of serious injury or death,
shall immediately inform the Commission of such failure to comply, of such defect, or of such risk, unless such manufacturer, distributor, or retailer has actual knowledge that the Commission has been adequately informed of such defect, failure to comply, or such risk. A report provided under paragraph (2) may not be used as the basis for criminal prosecution of the reporting person under section 1264 of this title, except for offenses which require a showing of intent to defraud or mislead.