Charles A. Samuels

Charles A. Samuels

Mintz Levin

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CPSC Announces Civil Penalty against Teavana; Commissioners Remain Divided on Civil Penalty Enforcement, Calculations, and...

On May 26, 2016 the U.S. Consumer Product Safety Commission (“CPSC”) announced through a Record of Commission Action (“RCA”) that Teavana Corporation (“Teavana”) has agreed to pay a $3.75 million civil penalty to resolve...more

5/31/2016 - Consumer Product Safety Commission (CPSC) CPSC Commissioner Enforcement Actions Penalties Safety Violations Settlement Agreements Transparency

Zen Magnets Claims “90% Victory” Against CPSC in Magnet Recall Litigation

On March 25, 2016, Administrative Law Judge Dean Metry found that the U.S. Consumer Product Safety Commission (“CPSC”) case counsel did not prove that high powered, small rare earth magnets (“SREMs”) (1) are defective as sold...more

4/15/2016 - Consumer Product Safety Commission (CPSC) Product Recalls Zen Magnets

CPSC Adopts Mohorovic’s $250 Million Burden Relief Proposal for Adult Apparel

Earlier today, the CPSC unanimously agreed to publish in the Federal Register a new enforcement policy proposed by Commissioner Joe Mohorovic regarding the certification of certain adult wearing apparel...more

2/24/2016 - Consumer Product Safety Act (CPSA) Consumer Product Safety Commission (CPSC) Exemptions Fire-Retardant Clothing Flame Retardant Imports Manufacturers

CPSC Public Database: A 2011 Change to the Procedure for Filing Materially Inaccurate Information Claims that Can Easily be...

President Obama signed Public Law 112-28 (“PL 112-28”) into law on August 12, 2011. PL 112-28 amended numerous provisions of the Consumer Product Safety Improvement Act (“CPSIA”). One such amendment made a notable change to...more

2/10/2016 - Amended Legislation Consumer Complaint Database Consumer Product Safety Commission (CPSC) Consumer Product Safety Improvement Act (CPSIA) Stays

The Future of Hoverboards: Federal Safety Standards or Voluntary Safety Standards?

Over recent weeks, national media outlets have reported extensively on multiple claims from consumers that hoverboards—self-balancing scooters growing immensely in popularity, particularly over the holiday period—have caught...more

12/18/2015 - Amazon Consumer Product Safety Commission (CPSC) Government Investigations Manufacturers Safety Standards Voluntary Standards

Marc Schoem, CPSC’s Longtime Deputy Director of Compliance, Retiring After 40 Years at CPSC; Becoming New ICPHSO Head

The consumer product safety community is a tight knit one and no one is better known or influential in the community than Marc Schoem. Marc has spent much of his 40 years at the CPSC as a key player in the Office of...more

9/24/2015 - Consumer Product Safety Commission (CPSC) Directors Health and Safety

CPSC Major ‘Repair Program’ Is Not Labeled A ‘Recall’

On July 22, 2015, the U.S. Consumer Product Safety Commission 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...more

8/13/2015 - Consumer Product Safety Commission (CPSC) Consumer Product Safety Improvement Act (CPSIA) Corrective Actions IKEA Manufacturers National Association of Manufacturers Product Defects Product Recalls Safety Precautions

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 - Consumer Product Safety Commission (CPSC) Corrective Actions 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 - Consumer Product Safety Commission (CPSC) Corporate Counsel 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 (CPSA) Consumer Product Safety Commission (CPSC) Corporate Counsel 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 Consumer Product Safety Commission (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 Consumer Product Safety Commission (CPSC) 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 - Consumer Product Safety Commission (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 - 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 - Consumer Product Safety Commission (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 Consumer Product Safety Commission (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 - Consumer Product Safety Commission (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 Consumer Product Safety Commission (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 - Consumer Product Safety Commission (CPSC) Nominations

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