News & Analysis as of

Consumer Product Safety Act (CPSA)

Morrison & Foerster LLP

The Future of CPSC’s Budget

The House Subcommittee on Innovation, Data, and Commerce (the “Subcommittee”) recently held a hearing on the Consumer Product Safety Commission’s (CPSC) budget, which was cut by $1.525 million from Fiscal Year (FY) 2023 to...more

Mintz

Game Changer: Amazon.com is Legally Responsible for Third-Party Seller Recalls (For Now)

Mintz on

On July 30, 2024, the Consumer Product Safety Commission (CPSC) issued a Decision and Order against Amazon, finding that Amazon is a "distributor" of third-party products, as defined by the Consumer Product Safety Act (CPSA),...more

Bergeson & Campbell, P.C.

CPCS Finds Amazon Responsible under CPSA for Hazardous Products Sold by Third-Party Sellers on Amazon.com

The U.S. Consumer Product Safety Commission (CPSC) announced on July 30, 2024, that it issued a Decision and Order against Amazon.com, Inc. (Amazon). CPCS states that, in a unanimous vote, it “determined that Amazon was a...more

Morrison & Foerster LLP

House Committee on Small Business Opens Investigation into CPSC Commissioner Trumka

On July 25, 2024, Representative Roger Williams, Chairman of the House Committee on Small Business (the “Committee”), informed Consumer Product Safety Commission (CPSC) Chairman Alexander Hoehn-Saric that the Committee has...more

Morrison & Foerster LLP - Class Dismissed

New Civil Liberties Alliance Alleges CPSC AND Commissioner Trumka Exceeded Authority And Plans To File Suit

In early May 2024, the New Civil Liberties Alliance (NCLA) notified the U.S. Consumer Product Safety Commission (CPSC) that it intended to file suit against CPSC and CPSC Commissioner Richard Trumka for allegedly violating...more

Goodwin

DOJ Seeks 10-Year Prison Sentences in First Consumer Product Safety Conviction

Goodwin on

This month, the government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers. This comes after the two were found guilty of conspiracy to...more

Foley & Lardner LLP

What Food & Beverage Companies Need to Know About the U.S. Consumer Product Safety Commission

Foley & Lardner LLP on

Food and beverage companies may be surprised to learn that the U.S. Food and Drug Administration (“FDA”) is not the exclusive regulatory authority over the safety of foods and beverages. Indeed, other governmental authorities...more

Morrison & Foerster LLP - Class Dismissed

Proposed Bill Seeks To Remove Cap On Civil Penalties Issued By CPSC

On January 25, 2024, Representative Jan Schakowsky (D-IL) introduced the Consumer Advocacy and Protection (CAP) Act, which would amend the Consumer Product Safety Act (CPSA) to increase the maximum civil penalty for a single...more

Morrison & Foerster LLP

CPSC at ICPHSO: 2024 Enforcement Priorities

The Consumer Product Safety Commission (CPSC) was well represented at the International Consumer Product Health and Safety Organization’s annual symposium in Orlando, which took place in February. Agency representatives...more

Foley & Lardner LLP

A New Regulatory Landscape for Consumer Products Containing Button Cell or Coin Batteries

Foley & Lardner LLP on

New regulations from the Consumer Product Safety Commission (CPSC) are set to go into effect on March 19, 2024, for manufacturers and importers of consumer products containing button cell and coin batteries (or products...more

Nilan Johnson Lewis PA

10 Things Manufacturers Should Know and Do About PFAS in Their Products

Nilan Johnson Lewis PA on

Part 1. First Things First: What Are PFAS? PFAS, known by the moniker “forever chemicals,” are the focus of rapidly evolving regulatory regimes at the U.S. federal and state levels, which in turn are driving novel...more

Foley & Lardner LLP

Proposed Consumer Advocacy and Protection Act Could Remove the Cap on Civil Penalties the Consumer Product Safety Commission Can...

Foley & Lardner LLP on

On January 25, 2024, Representative Jan Schakowsky (D-IL-09), Ranking Member of the House Innovation, Data, and Commerce Subcommittee and former Chairwoman of the Consumer Protection Subcommittee of the House Energy and...more

ArentFox Schiff

Merry and Bright: Health Canada Recalls Artificial Christmas Trees for Potential Burn or Fire Hazard

ArentFox Schiff on

For folks who can’t wait for Christmas, when to put up their tree can be a dilemma. Should they wait until after Thanksgiving? December 1? Or throw all caution to the wind and put up their decorations as soon as the last...more

Foley & Lardner LLP

Lying Is More Expensive than Telling the Truth — First Criminal Jury Trial of Executives Who Knowingly and Willfully Violated the...

Foley & Lardner LLP on

On November 16, 2023, a federal jury in Los Angeles returned guilty verdicts against two corporate executives of a consumer product distributor for conspiracy to defraud the United States by obstructing the lawful functions...more

Cooley LLP

The Jury Has Spoken: Two Executives Convicted in Groundbreaking Consumer Product Safety Prosecution

Cooley LLP on

In November 2023, a jury convicted two corporate executives of conspiracy and failure to report information about defective residential dehumidifiers as required by the Consumer Product Safety Act (CPSA). The jury verdict is...more

Foley & Lardner LLP

New Requirements for Manufacturers and Importers of Consumer Products Containing Button Cell or Coin Batteries

Foley & Lardner LLP on

The Consumer Product Safety Commission (CPSC) recently adopted comprehensive new safety and labeling requirements for consumer products containing button cell and coin batteries (or products intended to contain them) that...more

Goldberg Segalla

CPSC Sets its Sights on PFAS in Consumer Products, Bringing Future Regulation into Focus

Goldberg Segalla on

The Consumer Product Safety Commission (CPSC) recently published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) “used in commerce or potentially used in consumer products,” and as directed...more

Sheppard Mullin Richter & Hampton LLP

California’s Toxic-Free Cosmetics Act Bans 24 Ingredients From Cosmetic Products

Effective January 1, 2025, a new California law will prohibit 24 ingredients from use in cosmetic products. California’s Toxic-Free Cosmetics Act [Assembly Bill (“AB”) 2762] was signed into law by Governor Gavin Newsom on...more

Foley & Lardner LLP

CPSC Focuses On Child Safety in the Home

Foley & Lardner LLP on

The Consumer Product Safety Commission (CPSC) has long focused on consumer products that pose unique risks to children, especially products in the home like clothing storage and window coverings; this emphasis has only...more

Harris Beach PLLC

Consumer Product Safety Commission Penalizes Peloton for Reporting and Safety Failure

Harris Beach PLLC on

On January 5, 2023, the Consumer Product Safety Commission (CPSC) reported Peloton agreed to pay a $19,065,000 civil penalty as a settlement regarding its Tread+ treadmill, approximately a year and a half after the CPSC and...more

Foley & Lardner LLP

The CPSC Promises Higher Civil Penalties and More Aggressive Enforcement

Foley & Lardner LLP on

The consumer product industry can expect more aggressive enforcement from the Consumer Product Safety Commission (CPSC), including higher civil penalties, increased use of criminal penalties, and the implementation of...more

Harris Beach PLLC

Safe Sleep for Babies Act Prohibits Inclined Sleepers and Crib Bumpers

Harris Beach PLLC on

On May 16, President Biden signed the Safe Sleep for Babies Act into law, less than two weeks after being passed by Congress. The Act addresses the controversy around inclined sleepers and crib bumpers for infants by banning...more

Bergeson & Campbell, P.C.

CPSC Sues Amazon to Force Recall of Hazardous Products Sold on Amazon.com

The U.S. Consumer Product Safety Commission (CPSC) announced on July 14, 2021, that it filed an administrative complaint against Amazon.com, “the world’s largest retailer, to force Amazon to accept responsibility for...more

Husch Blackwell LLP

Heavy Metals In Baby Food – Congressional Report Unleashes A Flood Of Litigation

Husch Blackwell LLP on

Heavy metals, such as arsenic, lead, cadmium, and mercury, are present in baby foods produced by U.S. baby food manufacturers according to a report released in February by the U.S. House of Representatives Subcommittee on...more

Faegre Drinker Biddle & Reath LLP

Pushing Back Against the CPSC – Is a Mandatory Recall on the Horizon for Peloton’s Treadmills?

The U.S. Consumer Product Safety Commission (CPSC) and Peloton Interactive, Inc. (Peloton) are clashing over whether the media, technology, and fitness company should issue a recall of its treadmill, the Peloton Tread+. The...more

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