The Consumer Product Safety Improvement Act of 2008, recently signed into law by President Bush, provides a new cause of action for “whistleblowers” who engage in protected activity related to defective products.Although the legislation was prompted by last year’s high-profile recalls of toys and other children’s products, its protections apply far beyond manufacturing, and far beyond the toy and children’s product industries. Employers covered by the CPSIA include not only manufacturers, but also private labelers, distributors, and retailers. And “protected activity” encompasses the CPSIA as well as any other Act enforced by the Consumer Product Safety Commission, and any order, rule, regulation, or standard under any such Act.The whistleblower protection provisions (Section 219 of the CPSIA), will be enforced by the Department of Labor, Occupational Safety & Health Administration. The whistleblower protection provisions of the CPSIA went into effect on August 14, 2008, the day the Act was signed into law.
