CPSC publishes factors for potential criminal-enforcement referrals

What the primary source says

The general policy identifies, among other considerations, the harm or risk of harm, whether an offence is strict liability with no state-of-mind requirement, the potential gain to the putative defendant, relevant specialised knowledge or licensing, and available evidence about awareness of unlawfulness and knowledge of the regulation.

The notice says the policy is subject to appropriate exceptions and consistency with law. It also says the policy creates no substantive or procedural right or benefit enforceable against the United States or anyone else. The listed considerations therefore should not be presented as a mechanical test or a guarantee about whether a referral will occur.

Why it matters

The useful distinction

Businesses and counsel can see the considerations the agency has publicly identified, while consumers should understand that a referral decision is only one stage and is not itself a criminal conviction.