Appeals kept the case active into 2019.A slightly faster approach is available if the CPSC deems the product an “imminently hazardous consumer product,” defined as a consumer product that presents imminent and unreasonable risk of death, serious illness, or severe personal injury. 15 U.S.C.A. § 2061. The CPSC can initiate an action in a federal district court asking for “such temporary or permanent relief as may be necessary to protect the public from such risk.”

Reporting a potential defect, however, does not necessarily mean that the Commission will require a recall of the product or other corrective measures. Rather, the Commission may order corrective actions (including but not limited to a recall) if: (1) after a hearing, the Commission determines that the product presents a substantial product hazard, and notification is necessary to adequately protect the public from such substantial product hazard or (2) after notifying the manufacturer, the Commission determines the product is an imminent hazard and has filed an action under 15 U.S.C. § 2061. This article will focus on the first cause for a potential product recall – determining whether a "substantial product hazard" exists.

On September 19, 2012, the U.S. House of Representatives passed a bill “To designate drywall manufactured in China a banned hazardous product, and for other purposes.” H.R. 4212, presently titled the “Contaminated Drywall Safety Act of 2012,” would treat Chinese drywall as a banned hazardous substance under the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) and as an imminent hazard under section 12 of the Consumer Product Safety Act (15 U.S.C. 2061). According to H.R. 4212, scientific studies of contaminated drywall manufactured in China between 2001 and 2009 show that such drywall creates a corrosive environment for fire safety alarm devices, electrical distribution components, gas service piping and fire suppression sprinkler systems.