Children's Products

News & Analysis as of

CPSC Recall Snapshot: August 2016

Welcome to the August edition of the Alston & Bird CPSC Recall Snapshot. The number of products subject to recalls this year is on pace to dwarf the number of recalled units in recent years. On the heels of the recent...more

Complying with Advertising Laws when Marketing Children's Products

We are now in the midst of the back-to-school season, and before you know it, Halloween and the winter holiday season will be upon us. Over these next few months in particular, companies may face a variety of issues related...more

It’s Not Easy Being Green: LeapFrog Execs Dodge Class-Action Over Sales Projections

On August 2, 2016, U.S. District Judge Edward Chen dismissed a shareholder lawsuit brought against children’s educational toymaker LeapFrog Enterprises, Inc. (“LeapFrog”) for failure to adequately plead statements were false...more

Meteoric Rise Of Pokémon Go Spurs Privacy Concerns

2.7 Million Dollar HIPAA Settlement –  Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996...more

Advertising Law - July 2016 #4

Sen. Franken Hits Pause on Pokémon GO - After the Pokémon GO app was downloaded approximately 7.5 million times in the United States alone in its first week of release, Sen. Al Franken (D-Minn.), the chairman of the...more

New EU framework for foods for specific groups as of 20 July 2016

Regulation (EU) No 609/2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control (foods for specific groups – “FSG Regulation”) applies as of 20...more

CPSC Recall Snapshot: July 2016

Welcome to the July edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has announced two major recalls in the last month impacting millions of products. The most recent of these major recalls is the July 6...more

Products Liability: Appellate Victory of Children's Products Manufacturer Shows the Importance of Understanding State Products...

On July 5, 2016, the United States Court of Appeals for the Eighth Circuit affirmed a jury verdict in favor of Dorel Juvenile Group, Inc. ("Dorel") in a case involving claims that a defective doorknob cover manufactured by...more

CPSC Recall Snapshot: June 2016

Please see full CPSC Recall Snapshot below for more information....more

Flame Retardants: A Guide to Current State Regulations

The Massachusetts Senate became the latest state legislative body to pass a bill that would ban at least eleven flame retardants from children's products sold in the state. An Act to protect children and families from harmful...more

Car Seats Save Lives

Children are a precious asset that rely on their parents for protection and support. Every time they get into a car, they expect that they will get to their destination without incident or injury. Unfortunately, that is not...more

New York, New York: The Status of Regulation of Children's Products in the Empire State

Recently, Albany County, New York enacted the “Toxic Free Toys Act” (the Act) prohibiting the sale of any children’s products in the county that contain certain heavy metals and chemicals. The Safe to Play Coalition (the...more

How to Keep your Child Safe in the Car

The leading cause of death for children under the age of 18 in the United States is motor vehicle accidents, and many of these deaths are preventable. There are several steps that drivers can take to make rides safer, for...more

California's Proposition 65: History and Proposed Amendments in 2016

In 1986, California voters passed the Safe Drinking Water and Toxic Enforcement Act, otherwise known by its original name, Proposition 65. Proposition 65 requires the California Office of Environmental Health Hazard...more

East Coast to the West Coast: Consumers Continue to File Deceptive Pricing Class Actions

Earlier this year, consumers filed class action lawsuits against retailers Zulily and Burberry in federal court in New York alleging unfair and deceptive sales practices in connection with their respective marketing of...more

CPSC Recall Snapshot: April 2016

Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. Last month, Administrative Law Judge Dean C. Metry issued a ruling against the CPSC in litigation with Zen Magnets over its small-diameter magnetic...more

CPSC Recall Snapshot: March 2016

Welcome to the March edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has been very aggressive over the past month. This past Friday, the Commission announced a record $15.45 million civil penalty against a...more

The District of Columbia and Washington State Pass Back-to-Back Bans on Flame Retardants

The District of Columbia and the state of Washington recently enacted laws banning the use of listed flame retardants in certain products, ranging from children’s products and residential upholstered furniture in Washington...more

Advertising with Environmental Certifications and "Green" Seals of Approval

As consumer demand for eco-friendly, non-toxic, and sustainably-sourced products continues to rise, so does the use of environmental certifications on packaging and advertisements for virtually every kind of consumer product,...more

Federal Preemption of State and Local Laws Governing Children's Products

In January 2015, Albany County became the first of several municipalities in New York to enact a version of the “Toxic Free Toys Act” ("the Act") prohibiting any amount of six heavy metals and benzene in children’s products...more

Federal Judge Prohibits Novelty Toy Seller From Selling Products Containing Recalled Magnets

Rare-earth magnets are small, strong, permanent magnets made from alloys of rare earth elements. The Consumer Product Safety Commission ("CPSC") has enacted strict regulations governing the sale of these magnets in the United...more

Children's Products: Safety Regulations Governing Rattles and Magnet Sets

Through the Consumer Product Safety Improvement Act (CPSIA) and other federal statutes, the Consumer Product Safety Commission (CPSC) has promulgated regulations governing the manufacture and sale of children's products in...more

New Product Recalls in 2016

Although we are only into the third month of a new year, there are already product recalls that you need to know about. The list includes multiple recalls from carmakers, as well as recalls that specifically apply to parents...more

FTC Announces COPPA Settlements Based on Persistent Identifiers

The COPPA Rule requires website and online service operators to give notice to parents and obtain verifiable parental consent before collecting children’s “personal information” online. 16 CFR §§ 312.4, 312.5. The...more

Alert: You Can't Hide Behind Your EULA

Companies trying to shift liability for data breach by hiding catch-all exclusion clauses in End User Licence Agreements (EULAs) can learn from one company's latest antics. What's happened? At the end of last year,...more

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