Matthew Cohen

Matthew Cohen

Mintz Levin

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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

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 Likely to Proceed with October Hearing on Magnet Rule

This week, the Consumer Product Safety Commission (“CPSC”) will decide whether to hold a full Commission hearing to receive oral comments on a notice of proposed rulemaking on magnet set safety. If the meeting notice is...more

9/17/2013 - CPSC Magnet Set Rule Product Recalls Safety Precautions

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

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

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