Matthew Howsare

Matthew Howsare

Mintz Levin

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Breaking: Court Rules Positively For CPSC In Federal Civil Penalty Case Against Spectrum Brands

We do not get many court decisions in the CPSC world, but yesterday we received one. Last evening, a Wisconsin federal district court essentially held in the Government’s case against Spectrum Brands, Inc. (Spectrum) that...more

11/21/2016 - Civil Monetary Penalty Consumer Product Safety Commission (CPSC) Due Process Fair Notice Gabelli v SEC Injunctive Relief Product Defects Product Recalls Reporting Requirements Spectrum

CPSC Sends Another Shot Across the Bow of Retailers with $3.8 Million Civil Penalty Against Best Buy for the Sale of Recalled...

On Tuesday, the U.S. Consumer Product Safety Commission (CPSC) announced that Best Buy Co., Inc. entered into a settlement agreement with the CPSC to pay a $3.8 million civil penalty to resolve allegations that it “knowingly...more

10/6/2016 - Best Buy Civil Monetary Penalty Consumer Product Safety Commission (CPSC) Product Recalls Settlement Agreements Supply Chain

CPSC Chairman Kaye and Commissioner Adler: Current Civil Penalties Approach Works

Yesterday, CPSC Chairman Elliot Kaye and Commissioner Robert Adler issued a lengthy joint statement vigorously defending the Commission’s current approach to civil penalties against various criticisms voiced by Commissioners...more

7/21/2016 - Civil Monetary Penalty Consumer Product Safety Commission (CPSC) CPSC Commissioner

Massive CPSC Recall Leaked to the Press by “CPSC Source” Prior to Official Agency Announcement

Today the U.S. Consumer Product Safety Commission (“CPSC”) and Health Canada announced a massive joint recall with IKEA involving over 35 million pieces of furniture that can pose a tip over hazard to small children. While we...more

6/29/2016 - Consumer Product Safety Commission (CPSC) Furniture Industry Health Canada IKEA Product Recalls

CPSC Chairman Vows that Every CPSC Voluntary Corrective Action Will Be Called a “Recall”

According to the Philadelphia Inquirer, CPSC Chairman Elliot Kaye announced in a meeting with consumer advocates that the agency will never again allow a company conducting a voluntary corrective action to call it anything...more

5/17/2016 - Consumer Product Safety Commission (CPSC) IKEA Product Recalls

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

CPSC Public Database: A 2011 Change to the Procedure for Filing Materially Inaccurate Information Claims that Can Easily be...

President Obama signed Public Law 112-28 (“PL 112-28”) into law on August 12, 2011. PL 112-28 amended numerous provisions of the Consumer Product Safety Improvement Act (“CPSIA”). One such amendment made a notable change to...more

2/10/2016 - Amended Legislation Consumer Complaint Database Consumer Product Safety Commission (CPSC) Consumer Product Safety Improvement Act (CPSIA) Stays

Congress Erects Hurdle for CPSC’s Recreational Off-Highway Vehicle Rulemaking in 2016 Omnibus Bill

The $1.1 trillion 2016 omnibus spending bill passed by Congress and signed into law by President Obama last week includes many legislative provisions, often called policy “riders,” that will affect a wide array of issues...more

12/23/2015 - Consumer Product Safety Commission (CPSC) Department of Defense (DOD) Motor Vehicles National Academy of Sciences (NAS) NHTSA Rulemaking Process

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

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

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