The U.S. Consumer Product Safety Commission (the “CPSC”) has just issued a final rule on the civil penalty factors it and courts will apply in future enforcement actions resulting from violations of the Consumer Product Safety Act, the Federal Hazardous Substances Act and the Flammable Fabrics Act. As a practical matter, the rulemaking also establishes the framework the CPSC will use in making penalty demands associated with statutory infractions resulting in consumer product recalls and in related settlement negotiations.
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