Merry and Bright: Health Canada Recalls Artificial Christmas Trees for Potential Burn or Fire Hazard

One concern no one wants to wrangle with is whether their tree poses a fire hazard.

Late last month, Health Canada announced a recall of certain pre-lit artificial Christmas trees due to burn or fire hazards from the trees’ control panel or electrical cord plugs overheating. The approximately 883 trees covered by the recall were sold between October and November 2023. Consumers were directed to stop using the affected trees and return them to retailers for a full refund.

The affected trees were sold exclusively in Canada which is why this recall is being managed by Health Canada, but what happens if a product is sold throughout North America? In the United States, consumer product recalls are typically handled by the Consumer Product Safety Commission (CPSC) and by the Federal Consumer Protection Agency of Mexico (Profeco) in Mexico.

While the agencies operate independently, they share common goals and may coordinate product recalls. Manufacturers who distribute products throughout North America should be prepared to work with all three agencies in the event of a product recall and should be aware that reporting to one agency, may trigger a duty to report to another.

For example, Section 15(b) of the Consumer Product Safety Act (CPSA) — the regulatory section setting out the requirements to report a product issue to the CPSC — asks reporting entities to disclose any country outside the United States in which the product was distributed and, if so, requests that reporting entities notify Health Canada and/or Profeco. Coordinating with the three agencies may not always be easy if regulatory differences impose conflicting burdens, but the agencies generally encourage cooperation.