Matthew Cohen

Matthew Cohen

Mintz Levin

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New Product Safety Bills Address Child-Resistant Packaging for E-Cigarettes and Detergent Pods

Last year, we wrote about legislative efforts on Capitol Hill to require the CPSC to implement a rule requiring childproof packaging for liquid nicotine containers. Liquid nicotine typically refills the vials for...more

2/24/2015 - CPSC E-Cigarettes FDA Product Packaging Tobacco Regulations

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

Albany County, NY Enacts Stringent Children’s Product Safety Law

Do local governments, such as town councils and county legislatures, have a role in regulating consumer products that is typically reserved for the federal and state governments? Apparently, the legislature and executive of...more

1/22/2015 - Children's Products Jurisdiction Local Ordinance New Legislation

New Year Brings CPSC Civil Penalty for Axe Manufacturer

On January 5, 2015, the U.S. Consumer Product Safety Commission (CPSC) announced that Gerber Legendary Blades, a division of Fiskars Brands Inc., has agreed to pay a $2.6 million civil penalty to resolve charges that it...more

1/13/2015 - Civil Monetary Penalty CPSC DOJ Fiskars Manufacturers Manufacturing Defects

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

CPSC Focusing on Three Areas for Reduction of CPSIA Testing Burdens

At their April Senate confirmation hearing, both incoming CPSC Chairman Elliot Kaye and Commissioner Joe Mohorovic pledged to Senator John Thune (R-SD) to submit plans for reducing third party testing burdens within 60 days...more

11/20/2014 - Confirmation Proceedings CPSC Testing & Certification Rule Third-Party

CPSC Announces Largest Civil Penalty to Date for Alleged Failure to Timely Report

On October 28, 2014, the U.S. Consumer Product Safety Commission (CPSC) announced that Baja Inc., and its corporate affiliate, One World Technologies Inc., of Anderson, S.C., agreed to pay a $4.3 million civil penalty to...more

11/6/2014 - Civil Monetary Penalty Consumer Product Safety Act CPSC Importers Manufacturers Manufacturing Defects Retailers

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

Product Safety Update from Capitol Hill (Part Three)

Earlier this year, we began a series of blog entries to update our readers on legislative efforts on Capitol Hill that affect stakeholders within the product safety arena. Over the summer, we updated you on an amendment to...more

10/2/2014 - CPSC Legislative Agendas Proposed Legislation

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

CPSC Magnets Trial in December? Zen Magnets Throws Down the Gauntlet; Vows to “Fight Until the End”

Two years ago, the U.S. Consumer Product Safety Commission (CPSC) took the uncommon step of filing administrative complaints against multiple rare-earth magnet companies who refused to voluntarily recall magnetic adult desk...more

8/8/2014 - Children's Products Children's Toys CPSC Zen Magnets

Product Safety Update from Capitol Hill (Part Two)

Earlier this year, we began a series of blog entries to update our readers on legislative efforts on Capitol Hill that affect stakeholders within the product safety arena....more

4/16/2014 - Carbon Monixide Exposure Hazardous Substances Safety Precautions

CPSC Announces Forman Mills Civil Penalty and Compliance Program

For the first time in nearly a year, a unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that a company will pay a hefty civil penalty and enact a strict compliance program to resolve allegations regarding...more

4/10/2014 - Civil Monetary Penalty Compliance CPSC Discount Retailers

Senate Bill Would Expand Current Phthalates Prohibitions

Earlier this year, we blogged about Senator Kirstin Gillibrand’s (D-NY) announcement that she planned to introduce legislation expanding the scope of Section 108 of the Consumer Product Safety Improvement Act (“CPSIA”). That...more

3/26/2014 - Chemicals Children's Products CPSIA

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

California Names First Consumer Products for Green Chemistry “Priority Products” List

Recently, we have informed our readers of product safety legislative and regulatory initiatives, including green chemistry programs, driven at the state level. One of these important state regulatory initiatives is...more

3/18/2014 - Chemicals Children's Products Green Chemistry

Toy Companies Sued for Importing Defective Products

Last week, the U.S. Department of Justice (“DOJ”) filed suit in federal court against four California companies and six individuals for importing products that violate the Federal Hazardous Substances Act (“FHSA”) and the...more

3/7/2014 - Chemicals Children's Toys CPSA CPSC DOJ FHSA Hazardous Substances Toy Recalls

Product Safety Round-Up from the States

Over the past month, our blog posts have focused on the product safety activities of the U.S. Consumer Product Safety Commission and U.S. Congress, and even within the EU and Australia. However, product safety developments...more

2/14/2014 - CPSC

CPSIA Architect Waxman to Retire from Congress

In some breaking news from Capitol Hill, 20-term Congressman Henry Waxman (D-CA) has decided not to seek re-election in 2014. As the former Chairman of the House Committee on Energy and Commerce, and its current Ranking...more

1/31/2014 - CPSIA Rep. Henry Waxman

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

Large Retailer Fined for Violating Australia’s Product Safety Laws

At the end of December, Dimmeys, a large Australian discount department store, was fined approximately $3 million dollars by an Australian court for violating Australia’s federal product safety laws for the fifth time. The...more

1/3/2014 - Australia Children's Products Compliance Fines Retailers

Personalized Products Companies and the Consumer Product Safety Act

We have previously blogged about the sometimes difficult decision that companies face when classifying their products as “children’s” or “general-use” products and the uncertainty of predicting whether the Consumer Product...more

12/9/2013 - Children's Products Compliance CPSC Manufacturers Retailers

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

Is Your Consumer Product For Children or the General Public?

As readers of this blog are well aware, classifying products as “children’s products,” as opposed to “general use products,” has important ramifications under federal and state consumer product safety laws. For example, under...more

11/1/2013 - Children's Products CPSIA Labeling

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