Matthew Howsare

Matthew Howsare

Mintz Levin

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House Appropriations Amendments Would Halt CPSC’s Voluntary Recalls Rule; Fund Testing Relief

The House of Representatives is currently considering H.R. 5016, the Financial Services and General Government Appropriations Act of 2015, which provides funding to many different parts of the federal government for the next...more

7/17/2014 - Appropriations Bill CPSC Legislative Agendas Legislative Committees Product Recalls Public Disclosure

CPSC Nominees Kaye, Mohorovic, and Adler Sent to Senate Floor for Confirmation Vote

Yesterday, the Senate Commerce, Science, and Transportation Committee approved three pending nominations for the Consumer Product Safety Commission (CPSC). The Committee approved Elliot Kaye as Chairman and Joe Mohorovic and...more

7/16/2014 - CPSC Nominations

CPSC to Hold its Annual Priorities Hearing on July 24th

Last week the CPSC formally announced it would be holding its annual “agenda and priorities” hearing at the CPSC on July 24th at 10am. The purpose and importance of this meeting is somewhat underappreciated in terms of the...more

7/9/2014 - CPSC Public Meetings

SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and...more

7/8/2014 - Antitrust Litigation CPSC Policies and Procedures

Unredacted Company Doe (Ergobaby) Opinion Released

We previously wrote about the recent 4th Circuit decision that ordered the unsealing of a district court opinion siding with a manufacturer who challenged a product safety report the CPSC planned to post on its...more

6/23/2014 - Company Doe CPSC Ergobaby

No Quorum at Senate Nominations Hearing for CPSC’s Adler; Three CPSC Nominees Now Waiting for Committee Action

The CPSC’s Acting Chairman, Robert (Bob) Adler, testified before the U.S. Senate Committee on Commerce, Science, and Transportation for his confirmation hearing this week along with four other nominees for various positions...more

6/16/2014 - CPSC Nominations

Confirmation Hearing for Commissioner Adler on June 11th

According to the Senate Commerce Committee’s hearings calendar, the committee will be holding a nominations hearing on June 11th at 2:30pm to “consider several nominations.” There are unconfirmed reports that the CPSC’s...more

6/9/2014 - Confirmation Proceedings

Former CPSC Chairman Brown Expresses Concern over CPSC’s Voluntary Recalls Rule

Former CPSC Chairman Ann Brown recently sent a letter to the leaders of the CPSC’s congressional oversight committee asking for them to “urge the Commission to consider its proposed [voluntary recalls] rule carefully and to...more

6/4/2014 - CPSC Product Recalls

Check Your CAP: CPSC Releases Revised Monthly Progress Report Form for Recalls

The CPSC recently released a new monthly progress report form for companies conducting recalls with the agency. The revised form is in some respects better written than its predecessor and retains many of the old information...more

6/2/2014 - CPSC Product Recalls

Acting Chairman Adler Renominated for Second Term as Commissioner at the CPSC

In an unexpected move, President Obama announced this afternoon his intent to renominate current CPSC Acting Chairman, Robert Adler, to a second term at the agency. Acting Chairman Adler’s current term expires in October of...more

5/15/2014 - Barack Obama CPSC

CPSC Hits Pause on Final “Certificates of Compliance” Rule

In response to a written request from 32 trade associations and issues raised by 58 public comments, the Consumer Product Safety Commission (CPSC) decided at its public meeting this morning that it will seek further public...more

5/7/2014 - CPSC Final Rules Proposed Amendments Public Comment

Kaye & Mohorovic CPSC Confirmation Hearing Set for April 8th

The rumor is now confirmed. The U.S. Senate Committee on Commerce, Science, and Transportation officially announced it will hold the confirmation hearing for CPSC Chairman nominee, Elliot Kaye, and Commissioner nominee, Joe...more

4/3/2014 - Confirmation Proceedings CPSC Nominations

Elliot Kaye Nominated as New Chairman of the CPSC

The long awaited announcement of a new CPSC Chairman is finally here. After more than a year of speculation and intrigue, the search ended right where it started today when President Obama announced that Elliot Kaye is his...more

3/28/2014 - CPSC Nominations

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

CPSC is Now Publicly Posting “Letters of Advice” to its Website

In his keynote address at the annual conference of the International Consumer Product Health & Safety Organization (ICPHSO), Acting Chairman Adler announced that the agency had recently started posting what it calls “letters...more

3/14/2014 - Corrective Actions CPSC

CPSC Holding Third Party Testing Exemptions Workshop

The CPSC is voting soon on whether to hold a workshop to discuss potential ways to reduce third party testing costs through additional “determinations” that certain products or materials do not require third party testing....more

2/24/2014 - ASTM CPSC Exemptions Third-Party Risk

Bipartisan Letter from US Senators Casey & Toomey Joins 45 Others Critical of CPSC’s Changes to Voluntary Recalls

In a somewhat unusual development for a CPSC rulemaking, Pennsylvania Senators Robert Casey and Patrick Toomey submitted a bipartisan comment letter into the official administrative record for CPSC’s proposed voluntary...more

2/11/2014 - CPSC Product Recalls

Will the CPSC Provide Guidance for Compliance Programs?

As the February 4th commenting deadline for CPSC’s voluntary remedial actions rulemaking approaches, many companies and trade associations are pondering not only the wisdom of CPSC’s insertion of compliance programs into...more

1/29/2014 - Compliance CPSC Enforcement

CPSC Receives Full Funding Request for 2014

Although the Consumer Product Safety Improvement Act of 2008 (CPSIA) authorized a budget of $136.4 million for CPSC in fiscal year 2014, Congress set the CPSC’s authorization levels years before the recent budget climate took...more

1/22/2014 - CPSC CPSIA EPA FDA Grants Swimming Pools

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

CPSC Signs 10-Year Lease to Remain at Bethesda Headquarters

While the headquarters location of a federal agency may not seem highly newsworthy, a recent report that the CPSC has signed a new 10-year lease to remain at its current location in Bethesda, Maryland is very welcome news to...more

12/20/2013 - CPSC

Commissioner Adler is now the Acting Chairman of the CPSC

We first wrote about Chairman Tenenbaum departing the CPSC and Commissioner Bob Adler assuming the role of Acting Chairman back in October. Last week the CPSC issued a press release confirming that Commissioner Adler became...more

12/13/2013 - Confirmation Proceedings CPSC Nominations

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 Adds Burden Reduction Work, ATV Study, and UL 250 Voluntary Standard Involvement to 2014 Operating Plan at Chairman...

CPSC’s November 20, 2013 Commission hearing started with an emotional farewell from Chairman Inez Tenenbaum and high praise from her fellow Commissioners for her dedication to consumers and the agency. I joined the Chairman’s...more

11/22/2013 - CPSC Hazardous Substances New Regulations Safety Precautions

New CPSC Proposal Would Reverse 39 Year Precedent by Making Voluntary Recall Agreements Legally Binding on Companies

Since the inception of the U.S. Consumer Product Safety Commission (CPSC), voluntary recall agreements between the agency and companies conducting a recall (commonly referred to as “corrective action plans”) have not been...more

11/14/2013 - CPSC Product Recalls

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