Matthew Cohen

Matthew Cohen

Mintz Levin

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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

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 - 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 CPSA 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 CPSC Magnet Set Rule 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 - CPSC E-Cigarettes FDA Product Packaging Tobacco Regulations

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

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

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

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

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

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

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

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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