Document

Request for Information on Counterfeit Certification Markings

The Consumer Product Safety Commission (Commission or CPSC) seeks public comment on the prevalence and safety risks of mislabeling or unauthorized use of counterfeit certificati...

PDF version FederalRegister.gov

Consumer Product Safety Commission

[Docket No. CPSC-2026-0100]

AGENCY:

Consumer Product Safety Commission.

ACTION:

Request for information.

SUMMARY:

The Consumer Product Safety Commission (Commission or CPSC) seeks public comment on the prevalence and safety risks of mislabeling or unauthorized use of counterfeit certification marks, specifically CPSC and consumer reliance on these marks as indicia of safety, and the financial impacts on affected stakeholders.

DATES:

Submit comments by July 6, 2026.

ADDRESSES:

You can submit comments, identified by Docket No. CPSC- 2026-0100, by any of the following methods:

Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https://www.regulations.gov. Follow the instructions for submitting comments. CPSC typically does not accept comments submitted by email, except as described below.

Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. You may, however, submit comments by mail, hand delivery, or courier to: Office of the Secretary, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public, you may submit such comments by mail, hand delivery, or courier, or you may email them to: cpsc-os@cpsc.gov.

Instructions: All submissions must include the agency name and docket number. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: https://www.regulations.gov. Do not submit to this website confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If you wish to submit such information, submit it according to the instructions for mail/hand delivery/courier/confidential written submissions.

Docket: For access to the docket to read background documents or comments received, go to https://www.regulations.gov, insert docket number CPSC- 2026-0100 into the “Search” box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT:

Andrew Newens, Mechanical Engineer, U.S. Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: (301) 987-2248; email: anewens@cpsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

The Consumer Product Safety Act (CPSA) was enacted in 1972 and codified at 15 U.S.C. 2051-2089. CPSA Section 19(a)(12) prohibits counterfeit certification markings on any consumer product, stating, “It shall be unlawful ( printed page 24529) for any person to . . . sell, offer for sale, distribute in commerce, or import into the United States any consumer product bearing a registered safety certification mark owned by an accredited conformity assessment body, which mark is known, or should have been known, by such person to be used in a manner unauthorized by the owner of that certification mark.” 15 U.S.C. 2068(a)(12).

The Commission is aware of instances in which the misuse of certification marks appears to be part of broader efforts to evade U.S. safety requirements, including conduct that may involve coordinated or cross-border activity. In certain cases, such conduct may raise concerns implicating fraud, conspiracy, or other violations of federal law, particularly where actors knowingly misrepresent compliance to facilitate entry of noncompliant or hazardous products into U.S. commerce.

This request for information (RFI) seeks public input to better understand the prevalence of mislabeling or unauthorized use of counterfeit certification marks, associated safety risks, CPSC and consumer reliance on these marks as indicia of safety, and the financial impact of the unauthorized use of counterfeit certification marks on manufacturers, importers, testing laboratories, and consumers.

II. Information Requested

The Commission seeks comment on the following questions:

What types of consumer products are most likely to bear counterfeit Certification Marks?
What Certification Marks are counterfeited most often?
What steps are testing labs/certifying bodies taking to protect the integrity of their Certification Marks?
What are the most serious safety concerns with counterfeit Certification Marks?
We request that certifying bodies—such as UL, ETL, and CSA—provide real examples of counterfeit Certification Marks.
What is the loss/cost to manufacturers, importers, testing labs, and consumers from counterfeit Certification Marks?
What are the main obstacles to preventing/combating counterfeit Certification Marks?
What is the prevalence of counterfeit Certification Marks on products purchased through e-commerce platforms compared to retail stores?
Are there country of origin trends related to counterfeit Certification Marks?
What Certification Marks are officially recognized or legitimately used to indicate that a consumer product complies with applicable safety standards, and what criteria or processes determine their legitimacy?
Are there known examples of fraudulent or fabricated certification marks—symbols that are neither associated with any legitimate standards body nor recognized by any certification body—and how prevalent is their use on consumer products in U.S. commerce?

The Commission encourages commenters to provide supporting data, examples, or analysis where practicable. Instructions for submitting comments are provided in the ADDRESSES section of this document.

The Commission will review the information submitted in response to this request to determine whether further action is appropriate to assist CPSC staff regarding counterfeit certification marks.

Alberta E. Mills,

Secretary, Consumer Product Safety Commission.

[FR Doc. 2026-08781 Filed 5-5-26; 8:45 am]

BILLING CODE 6355-01-P

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91 FR 24528

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“Request for Information on Counterfeit Certification Markings,” thefederalregister.org (May 6, 2026), https://thefederalregister.org/documents/2026-08781/request-for-information-on-counterfeit-certification-markings.