Matthew Cohen

Matthew Cohen

Mintz Levin

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What is CPSC’s Statute of Limitations for Civil Penalties? That’s a Gabelli Question

After filing a Section 15(b) report and conducting a recall with the Consumer Product Safety Commission (“CPSC”), it is not uncommon for a company to wonder whether it timely filed its report under the Consumer Product Safety...more

4/22/2016 - Cause of Action Accrual Civil Monetary Penalty Consumer Product Safety Act (CPSA) Consumer Product Safety Commission (CPSC) Continuing Violation Theory Product Recalls Statute of Limitations

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

Breaking: CPSC Obtains Record $15.45 Million Civil Penalty in Settlement Agreement with Gree

This morning, the U.S. Consumer Product Safety Commission (CPSC) announced that it has obtained a record-breaking $15.45 million civil penalty in a settlement agreement with Gree Electric Appliances of China, Hong Kong Gree...more

3/28/2016 - Civil Monetary Penalty Consumer Product Safety Act (CPSA) Consumer Product Safety Commission (CPSC) Safety Violations Settlement

Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets

There have been many twists and turns over the past four years concerning the CPSC’s regulation of certain high powered, rare-earth magnet sets and its litigation against various entities selling these magnets. In the latest...more

3/26/2016 - Consumer Product Safety Act (CPSA) Consumer Product Safety Commission (CPSC) Permanent Injunctions Preliminary Injunctions Product Recalls

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

Update: Albany County Legislature Amends Controversial Toxic Toys Law

Last year, we wrote about a growing trend of local jurisdictions regulating children’s products, primarily toys and apparel. One such jurisdiction, Albany County, NY, enacted a far-reaching ordinance, “Local Law J of 2014,”...more

1/14/2016 - Amended Legislation Child Safety Children's Toys Consumer Product Safety Act (CPSA) FHSA Preemption Toxic Exposure

CPSC Launches New Portal to Guide Companies through Regulatory Maze

Has your business experienced difficulty identifying on the CPSC’s website which product safety regulations are potentially applicable to your products? In an effort to better guide industry, particularly new product makers...more

1/9/2016 - Consumer Product Safety Commission (CPSC) Manufacturers New Guidance Safety Laws

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

Must Playground Equipment & Surfaces Comply with CPSC Lead Limits for Children’s Products?

Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber. Crumb rubber is a granule material typically...more

12/3/2015 - Children's Products Consumer Product Safety Act (CPSA) Consumer Product Safety Commission (CPSC) Lead New Guidance Toxic Exposure

CPSC & DOJ Stop Two Companies from Future Importation of Children’s Products with Far-Reaching Consent Decrees

Earlier this week, the U.S. Department of Justice (“DOJ”)—at the behest of the CPSC—filed suit in California federal court against two companies and three individuals for importing products that violate the Federal Hazardous...more

10/8/2015 - Audits Certifications Children's Products Children's Toys Consent Decrees Consumer Product Safety Act (CPSA) Consumer Product Safety Commission (CPSC) DOJ Enforcement FHSA Imports Inspections Lead Notice of Violation Permanent Injunctions Product Safety Labels Settlements Standard Operating Procedures

Are “Personal Flamethrowers” Under the Jurisdiction of the CPSC?

Yes. You read that correctly. Two US companies are selling personal flamethrowers to the public. Once grisly weapons of war, the flamethrowers are now being marketed for more practical purposes such as clearing brush and...more

8/24/2015 - ATF Consumer Product Safety Commission (CPSC)

Does CPSC or FDA Have Jurisdiction Over Your Consumer Product?

As our readers know, we write about legal developments that affect companies involved in manufacturing, importing, distributing, and/or selling “consumer products.” In many cases, these products fall squarely within the...more

7/29/2015 - ATF Consumer Product Safety Commission (CPSC) Cosmetics Dietary Supplements EPA FDA Food & Drug Regulations Illegal Drugs Jurisdiction Manufacturers Medical Devices NHTSA OTC USDA

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

Toy Safety Regulation Should Be Left To The Federal Government

On June 2, 2015, the Suffolk County Legislature became the latest county legislature in New York to pass a “toxic-free toys” act. About a week later, the New York City Council got in on the action and introduced a similar...more

6/26/2015 - Children's Toys Consumer Product Safety Commission (CPSC) Toxic Exposure

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

Albany County’s “Safe Toys” Legislation on Hold Pending Court Proceeding

Earlier this year, we wrote about a far-reaching product safety ordinance enacted into law in Albany County, NY (the “County”) entitled “The Toxic Free Toys Act.” At the time, we expressed our concern that numerous issues...more

6/8/2015 - Child Safety Children's Toys Consumer Product Safety Act (CPSA) Consumer Product Safety Improvement Act (CPSIA) FHSA Preemption

Tenth Circuit Lifts Stay on CPSC’s Magnets Rule

As we wrote about earlier this month, on April 1, 2015, the U.S. Court of Appeals for the Tenth Circuit (“Tenth Circuit”) temporarily stayed the effective date of “the enforcement and effect” of the CPSC’s safety standard for...more

5/6/2015 - Consumer Product Safety Commission (CPSC) Manufacturers Motion To Stay Product Recalls Zen Magnets

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

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

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 - Consumer Product Safety Commission (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 Consumer Product Safety Commission (CPSC) DOJ 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 - Congressional Nominations Legislative Committees

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