For the first time, Health Canada has accessed penalties against a company under the Canada Consumer Product Safety Act (CCPSA). Orange TKO Industries, Inc. of Calgary, Alberta, failed to act on a recall order for its Orange TKO Super Concentrated All Purpose Cleaner. The cleaner had been found to be packaged in a child-resistant container and the product label does not show the required hazard symbol or all of the bilingual cautionary statements and first aid treatment statements.

Health Canada, unlike the Consumer Product Safety Commission in the U.S., cannot fine businesses for late reporting of violations. However, it can issue penalties for failing to comply with provisions of the CCPSA, including failure to comply with the ministry’s orders. In setting the penalty, at $15,000 per violation or $75,000 in total, Health Canada alleged that Orange TKO Industries had ignored the ministry’s orders in its failure to recall the product.

To learn more about the recall, and its implications for American companies selling products in Canada, click here.