July 24, 2026|Product Liability Insider

CPSC Revives Rarely Used “Imminent Hazard” Authority in Water Heater Enforcement Action

By Anne Marie Ellis, July 24, 2026

The U.S. Department of Justice and Consumer Product Safety Commission (CPSC) have filed suit against two Chinese companies seeking a court-ordered recall of approximately 98,000 Lakkzoom immersion water heaters sold through online marketplaces.

According to the complaint, the heaters have been linked to 235 reported fires nationwide. The CPSC alleges testing showed the products can overheat, ignite, and catch fire within minutes when operated dry or only partially submerged. The agency further contends the products lacked critical safety features, such as dry-burn protection, and were marketed with potentially misleading safety claims regarding safety and “intelligent temperature control.”

Notably, the government is invoking the Consumer Product Safety Act’s “imminent hazard” authority—a power the CPSC reportedly has not used since 1987. The action is significant because it departs from the CPSC’s traditional approach of negotiating voluntary recalls with manufacturers and importers. Instead, the government is relying on Section 12 of the Consumer Product Safety Act, which permits the CPSC and DOJ to seek judicial intervention when a product presents an “imminent and unreasonable risk of death or severe personal injury.” The lawsuit seeks a mandatory recall and full consumer refunds.

The case underscores the CPSC’s willingness to pursue more aggressive enforcement measures where products pose serious fire hazards, particularly in the e-commerce space. For manufacturers, importers, and online sellers, the action serves as a reminder of the importance of robust product safety testing, accurate marketing claims, and proactive engagement with the CPSC when potential hazards are identified.


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