Charles A. Samuels

Charles A. Samuels

Mintz Levin

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Shifting CPSC Recall Landscape? Agency Announces Major “Repair Program” that is not Labeled a “Recall”

Yesterday the CPSC and major furniture company IKEA jointly announced a “repair program” to address the serious and complex hazard of furniture tip over posed by 27 million chests and dressers sold by the company. The repair...more

7/24/2015 - Corrective Actions CPSC IKEA Product Recalls Repairs Safety Precautions

What is CPSC’s Fast Track Recall Program and When Should Companies Utilize It?

So what is the CPSC’s “fast track recall” program and what is the benefit of participating in it? What is a “stop sale notice” and why does the CPSC generally request it for fast track recalls? What else is required by the...more

7/8/2015 - Corporate Counsel CPSC Distributors Fast Track Process Manufacturers Product Recalls Retailers

Uncertain Future for Non-Compete Agreements in Massachusetts: Legislators Seek Compromise

Hearing Overview: On June 23rd, the Massachusetts Joint Committee on Labor and Workforce Development met to consider legislation relating to the legality and enforcement of non-compete agreements. The committee...more

6/25/2015 - Employment Contract Non-Compete Agreements Non-Disclosure Agreement Non-Solicitation Agreements Startups

CPSC Files Suit for Second Time in Three Months against a Company for Alleged Failure to Timely Report Defective Product

On Wednesday of last week, the Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) announced that a complaint has been filed in federal court against Spectrum Brands, Inc. (Spectrum). Notably, this is...more

6/23/2015 - Civil Monetary Penalty Consumer Product Safety Act Corporate Counsel CPSC Product Defects Product Recalls Reporting Requirements Spectrum

CPSC & DOJ Sue Michaels Stores for Failing to Report Product Safety Hazard and Filing Misleading Information

For the first time in recent memory, the Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) jointly announced the filing of a lawsuit in federal court for the imposition of a civil penalty and...more

4/27/2015 - Civil Monetary Penalty CPSA CPSC DOJ Enforcement Actions Michaels Retailers

Bloomberg Product Safety Article Misses the Mark; U.S. Product Safety Economy Safer Than Ever

On April 7, Renee Dudley of Bloomberg News authored an article entitled “The Cheap Toys You Buy Your Kid Are Rarely Inspected.” The article has been republished by major news publications and gained some nationwide...more

4/10/2015 - Bloomberg Inc. Children's Toys Consumer Product Safety Commission CPSC

Tenth Circuit Stays April 1 Effective Date of CPSC’s Magnets Safety Rule

Over the past year, we have blogged about the CPSC’s rulemaking process to regulate high-powered magnet sets via a safety standard as well as the administrative complaints brought by the agency to force multiple companies...more

4/7/2015 - Appeals CPSC Magnet Set Rule Zen Magnets

Nationwide Should be Applauded for Pro-Safety Super Bowl Ad

Last Sunday, during the Super Bowl, Nationwide Insurance ran a controversial commercial entitled “Make Safe Happen.” The advertisement features a young child experiencing memorable moments growing up. However, viewers are...more

2/6/2015

2015 Omnibus Provides $123 Million in Funding for the CPSC with No User Fee Authorization; Report Language Focuses on Test Burden...

Update: After some uncertainty, Congress passed and the President is expected to sign the 2015 Omnibus bill into law. The report language of the Omnibus bill incorporated by reference House Report 113-508, which...more

12/11/2014 - CPSC Federal Budget Fees Importers Legislative Agendas NAM Pending Legislation

Senate Confirms Adler; Locks Democratic Majority at CPSC until October 2017

Late yesterday the U.S. Senate confirmed current Commissioner and former Acting-Chairman Robert S. Adler to a second 7 year term as a CPSC Commissioner by a 53-44 vote. With Commissioner Adler’s confirmation, the five-member...more

12/3/2014 - Election Results Legislative Agendas Political Appointments

Cloture Filed on Adler Nomination; Burgess Named Subcommittee Chairman

Yesterday evening, Senate Majority Leader Harry Reid (D-NV) filed cloture on the re-nomination of Robert Adler to be a Commissioner of the Consumer Product Safety Commission (CPSC). If cloture is invoked—meaning three-fifths...more

11/24/2014 - Cloture Congressional Nominations Legislative Committees

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 GAO Safety Precautions

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

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