I 
117TH CONGRESS 
1ST SESSION H. R. 3724 
To require greater notification to the public regarding product recalls, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2021 
Ms. MENG introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To require greater notification to the public regarding 
product recalls, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
This Act may be cited as the ‘‘Total Recall Act’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the safety of the consumers in the United 
States relies on the effectiveness of a company’s out-
reach; 
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(2) there are at least 400 products recalled 
each year by the Consumer Product Safety Commis-
sion; and 
(3) according to the Commission, the average 
response rate of consumers for most product recalls 
is between 4 and 18 percent. 
SEC. 3. INCREASED NOTIFICATION ABOUT RECALLS BY 
COMPANIES PARTICIPATING IN RECALLS. 
(a) MANDATING PUBLIC NOTICE AND INCLUDING 
IMPORTERS.—Section 15 of the Consumer Product Safety 
Act (15 U.S.C. 2064)— 
(1) in subsection (c)(1), by striking ‘‘the Com-
mission may order’’ and inserting ‘‘the Commission 
shall order’’; and 
(2) in subsection (d)(1), by striking ‘‘any dis-
tributor or retailer of the product’’ and inserting 
‘‘any importer distributor, or retailer of the product 
to cease distribution of the product or’’ 
(b) NOTIFICATION REQUIREMENTS.— 
(1) REQUIREMENTS.—Section 15(d) of such 
Act (15 U.S.C. 2064(d)) is further amended— 
(A) by redesignating paragraph (3) as 
paragraph (4); 
(B) by inserting after paragraph (2) the 
following new paragraph: 
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‘‘(3) 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: 
‘‘(A) Not later than the expiration of the 365- 
day period starting on the date the Commission ap-
proves the action plan, spending on advertising the 
recall of the product subject to the order, using 
methods including those determined by the Commis-
sion for conducting recalls, an amount equal to the 
greater of— 
‘‘(i)(I) 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 
‘‘(II) at least the total dollar amount spent 
by such person marketing the product through 
the internet; or 
‘‘(ii) if the product was part of a subscrip-
tion service, at least 5 percent of the dollar 
amount spent by such person marketing the 
subscription service under which the product 
was sold. 
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‘‘(B) Submitting to the Commission such evi-
dence the Commission determines adequate to show 
that such person has complied with the requirements 
in subparagraph (A). 
‘‘(C) Posting in a clear and conspicuous man-
ner 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. 
‘‘(D) 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 ap-
proved the action plan.’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) In this subsection— 
‘‘(A) the term ‘social media platform’ means a 
website or internet medium that— 
‘‘(i) permits a person to become a reg-
istered user, establish an account, or create a 
profile for the purpose of allowing users to cre-
ate, share, and view user-generated content 
through such an account or profile; 
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