Matthew Howsare

Matthew Howsare

Mintz Levin

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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

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

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)

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

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

GMOs at the Ballot Box: the Drama Continues

Joining the rising tide of local GMO legislation, last week voters in Benton County, Oregon defeated the Benton County Local Food System Ordinance, which would have prohibited the cultivation of GMO crops in the county. The...more

5/29/2015 - Corporate Counsel Food Labeling Food Manufacturers GMO GMO Bans Proposed Legislation Young Lawyers

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

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


CPSC and E-Commerce Giant Alibaba Ink Deal to Block Sale of Recalled Products to U.S. Consumers

Following an ABC 20/20 investigative story where CPSC Chairman Elliot Kaye called Craigslist’s failure to block the sale of recalled products “morally irresponsible,” the agency announced yesterday that it has entered into an...more

1/15/2015 - Alibaba Amazon China Consumer Product Safety Commission (CPSC) Craigslist E-Commerce eBay Product Recalls

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

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

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 Consumer Product Safety Commission (CPSC) 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 (CPSA) Consumer Product Safety Commission (CPSC) Importers Manufacturers Manufacturing Defects Retailers

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

CPSC Poised to Ban High-Powered Magnet Sets

Although the final rule currently under consideration by the CPSC sets a performance standard for magnet sets, the practical effect of the new safety standard will be a ban on the future sale or distribution of powerful rare...more

9/5/2014 - Consumer Product Safety Commission (CPSC) Enforcement Actions Rulemaking Process Zen Magnets

Are Airbnb Hosts Regulated by the CPSC? Short-Term Rental Properties May Require Compliance with Pool & Spa Safety Laws

In the wake of the tragic drowning of Virginia Graeme Baker, granddaughter of former Secretary of State James Baker, Congress passed and President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act. The...more

8/22/2014 - AirBnB Consumer Product Safety Commission (CPSC) Safety Precautions Swimming Pools

Senate Confirms Elliot Kaye as Chairman & Joe Mohorovic as Commissioner of the CPSC

Last night, the U.S. Senate confirmed Elliot Kaye as the new CPSC Chairman and Joe Mohorovic as a new Commissioner of the agency. Once Kaye and Mohorovic are officially sworn in this week, the Commission will be fully...more

7/29/2014 - Administrative Appointments Consumer Product Safety Commission (CPSC)

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