Charles A. Samuels

Charles A. Samuels

Mintz Levin

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GAO Releases Report on CPSC Response to New and Emerging Hazards

On October 14, the Government Accountability Office (GAO) published a report entitled “Consumer Product Safety Commission: Challenges and Options for Responding to New and Emerging Risks.” The report analyzes the timeliness...more

10/22/2014

CPSC Clarifies Changes to Monthly Recall Report Form

In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall...more

10/14/2014 - Auction CPSC Facebook NAM Notice Requirements Product Recalls Social Media Trade Associations Twitter

CPSC Gets it Right: Unanimously Regulates High-Powered Magnet Sets Through New Safety Standard

We do not typically take positions on product specific issues pending before the U.S. Consumer Product Safety Commission (“CPSC”), but the CPSC’s new safety standard for magnet sets demonstrates both why the agency exists and...more

9/26/2014 - CPSC Hazardous Substances Rare Earth Metals

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order dismissing the complaint filed against the power tool industry by SawStop, LLC....more

7/23/2014

House Appropriations Amendments Would Halt CPSC’s Voluntary Recalls Rule; Fund Testing Relief

The House of Representatives is currently considering H.R. 5016, the Financial Services and General Government Appropriations Act of 2015, which provides funding to many different parts of the federal government for the next...more

7/17/2014 - Appropriations Bill CPSC Legislative Agendas Legislative Committees Product Recalls Public Disclosure

CPSC Nominees Kaye, Mohorovic, and Adler Sent to Senate Floor for Confirmation Vote

Yesterday, the Senate Commerce, Science, and Transportation Committee approved three pending nominations for the Consumer Product Safety Commission (CPSC). The Committee approved Elliot Kaye as Chairman and Joe Mohorovic and...more

7/16/2014 - CPSC Nominations

SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and...more

7/8/2014 - Antitrust Litigation CPSC Policies and Procedures

Buzzsaw or SawStop: Are You Prepared to Avoid Antitrust Liability in the Product Safety Arena?

In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another. Their societal value is why they are recognized as non-profits....more

6/18/2014 - Antitrust Conspiracies Liability Professional Liability Tort Trade Associations

Former CPSC Chairman Brown Expresses Concern over CPSC’s Voluntary Recalls Rule

Former CPSC Chairman Ann Brown recently sent a letter to the leaders of the CPSC’s congressional oversight committee asking for them to “urge the Commission to consider its proposed [voluntary recalls] rule carefully and to...more

6/4/2014 - CPSC Product Recalls

Check Your CAP: CPSC Releases Revised Monthly Progress Report Form for Recalls

The CPSC recently released a new monthly progress report form for companies conducting recalls with the agency. The revised form is in some respects better written than its predecessor and retains many of the old information...more

6/2/2014 - CPSC Product Recalls

CPSC Settles Complaint Against Ex-CEO of Buckyballs and Buckycubes

On May 9, 2014, the CPSC and the maker of Buckyballs and Buckycubes settled the July 2012 administrative case brought by the CPSC alleging that these “rare earth magnets” pose a substantial product hazard. The settlement...more

5/14/2014 - Buckyballs CPSC Personal Liability Product Recalls Settlement

4th Circuit Unmasks Company Doe & Unseals Entire Record in CPSC Database Case

Yesterday, the U.S. Court of Appeals for the Fourth Circuit rather forcefully reversed one of the key rulings of Maryland District Court Judge Alexander Williams, Jr. in the recent litigation involving the CPSC’s...more

4/18/2014 - Company Doe CPSC First Amendment Public Disclosure

The Fitbit Recall: Is a “One Size Fits All” Approach the Most Effective Way to Remedy Potential Hazards?

Last week, the U.S. Consumer Product Safety Commission (CPSC) issued a voluntary recall notice for the popular wireless, activity-tracking wristband Fitbit Force. Fitbit’s wristband allows consumers to monitor and measure...more

3/21/2014 - CPSC Fitbit Product Recalls

CPSC Releases Amendment to 6(b) Information Disclosure Regulations

The CPSC has released the staff briefing package for a Notice of Proposed Rulemaking (NPR) to amend its existing regulation interpreting the requirements of Section 6(b) of the Consumer Product Safety Act (CPSA). Agency staff...more

1/20/2014 - CPSC Disclosure Requirements Information Disclosure Statement

Product Safety Update From Capitol Hill

After Congress passed the Consumer Product Safety Improvement Act (“CPSIA”) in 2008 and the major amendment to the CPSIA (Public Law 112-28) in 2011, the product safety world turned its attention and focus to CPSC regulatory...more

1/13/2014 - Children's Products CPSIA Hazardous Substances Legislative Agendas

FTC Brings Enforcement Action over “Made in USA” Claims

Two months ago, our colleague Dan Herling cautioned on this blog about making unsubstantiated “Made in the USA” claims on consumer products. He compared the Federal Trade Commission’s standard to California’s more stringent...more

11/5/2013 - Enforcement Actions FTC Misleading Statements

Chairman Tenenbaum Departing CPSC — Commissioner Adler Will Serve as Acting Chairman

In February of this year, CPSC Chairman Inez Tenenbaum announced that she would not seek a second term as Chairman of the agency. This morning she announced that she would be leaving the CPSC at the end of November. In...more

10/25/2013 - CPSC

CPSC Considers Rule on Voluntary Recall Notices and Compliance Programs

The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted. One...more

10/17/2013 - Compliance CPSC Product Recalls

Health Canada Releases New Guidelines for Civil Penalties System

Readers of our blog tend to pay a lot of attention to federal and state product safety developments for obvious reasons. But, if your firm sells consumer products abroad, such as to Canadian consumers, paying attention to...more

9/24/2013 - Canada Civil Monetary Penalty Compliance Healthcare

CPSC Stakeholders Recognize Five Year Anniversary of CPSIA

This month marks the five year anniversary of the enactment of the Consumer Product Safety Improvement Act of 2008 into law. Commonly referred to as the “CPSIA,” the law has had a dramatic impact over the past five years on...more

8/28/2013 - CPSC CPSIA Shareholders

CPSC Approves $3.9 Million Penalty and Imposition of Compliance Program for National Retail Chain

A unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that Ross Stores Inc. (“Ross”), a national discount retailer, agreed to pay a $3.9 million civil penalty to settle allegations that it failed to report...more

7/17/2013 - Children's Products Civil Monetary Penalty Compliance CPSC Product Recalls Ross Stores Inc. Safety Precautions

A Book on Books: SDNY Issues 160-Page Opinion Declaring that Apple Violated Section 1 of the Sherman Act by Conspiring to Raise...

On July 10, 2013, 15 months after the Department of Justice (DOJ) filed its suit against Apple Inc. (Apple) and five major publishers for allegedly conspiring to raise e-book prices and end e-book retailers’ freedom to...more

7/16/2013 - Apple Conspiracies e-Books Price-Fixing Publishers Sherman Act

New Children’s Product Testing and Certification Rule Set to Impact Manufacturers and Importers on February 8

On February 8, 2013, manufacturers and importers of children’s products (a consumer product designed or intended primarily for children 12 years of age or younger) will be required to follow certain testing and certification...more

2/4/2013 - Children's Clothing Children's Toys CPSC Imports Manufacturers Product Safety Labels Testing & Certification Rule Third-Party Written Certification

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more

1/9/2013 - Biofuel China Clean Tech Fiscal Cliff Investment Tax Credits Offshore Wind Production Tax Credit REIT Renewable Energy Solar Energy Wind Power

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- December 2012

In the December edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more

12/7/2012 - Biofuel Clean Tech Solar Energy Wind Power

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