Consumer Product Safety Commission (CPSC)

News & Analysis as of

Keurig Settlement An Expensive Reminder About Product Defect Reporting Obligations

The United States Consumer Product Safety Commission (CPSC) recently announced a $5.8 million agreement with Keurig Green Mountain, Inc. settling claims that Keurig failed to report a product defect that posed an unreasonable...more

CPSC Recall Snapshot: February 2017

Welcome to the February edition of the Alston & Bird CPSC Recall Snapshot. This month, CPSC Chairman Elliot Kaye announced that the CPSC will not follow President Trump’s Executive Order requiring two regulations be ...more

Chairman Kaye Steps Down as CPSC Chair; Republican Buerkle Assumes Role of Acting Chair

Late Wednesday evening, Democrat Elliot Kaye resigned as chair of the Consumer Product Safety Commission. Republican Commissioner Ann Marie Buerkle has assumed the position of Acting Chair until a new chair is appointed by...more

CPSC Begins Transition: Ann Marie Buerkle is Now the Acting Chairman of the Agency

February 9th, 2017, it was announced internally at the CPSC that Commissioner Ann Marie Buerkle has become the Acting Chairman of the agency. The CPSC has not yet released a statement concerning the transition of the...more

Weathering the Freeze: The CPSC's Response to the White House's New Regulatory Restrictions

We have heard much over the last few weeks about the new executive orders issued by the White House at the outset of the Trump Administration. One order that is not garnering as much attention as others, but could have a...more

CPSC Recall Snapshot: 2016 Year in Review

Welcome to the Alston & Bird 2016 CPSC Recall Snapshot Year in Review. How did the activity by the CPSC in 2016 compare to that of 2015? As noted in our CPSC Year in Review, the CPSC issued its ...more

New CPSC Safety Standard on Baby Slings

In early January, the U.S. Consumer Product Safety Commission (CPSC) adopted a new federal safety standard for infant sling carriers. 82 Fed. Reg. 2326-1 (Jan. 9, 2017). CPSC’s new rule follows its 2010 warning that baby...more

EPA, CDC and CPSC Investigating Potential Health Effects of Recycled Tire Crumb Used on Playing Fields and Playgrounds

Public concern is increasing over the safety of recycled rubber tire crumb used as infill for synthetic turf fields and playgrounds. There are currently between 12,000 and 13,000 synthetic turf fields in the United States,...more

Small Magnets, Big Trouble – Zen Successfully Challenges CPSC Rulemaking in the 10th Circuit

The United States Court of Appeals for the Tenth Circuit recently vacated the Consumer Product Safety Commission’s (CPSC) 2014 rulemaking that prohibits the importation and distribution of high-powered, small, rare earth...more

CPSC Commissioner Ann Marie Buerkle Elected Vice Chair; CPSC under Regulatory Freeze

On January 19, 2017, Commissioners at the Consumer Product Safety Commission elected Commissioner Ann Marie Buerkle to be the next vice chair. Commissioner Buerkle was appointed to the agency by President Obama in May 2013...more

CPSC Recall Snapshot: January 2017

Welcome to the January edition of the Alston & Bird CPSC Recall Snapshot. December was a relatively quiet month for the CPSC, but major changes are most likely in store for 2017. If tradition holds true, Chairman Elliot...more

The Road to Recall: Evaluating Defects for Substantial Product Hazard

The U.S. Consumer Product Safety Commission (CPSC or the Commission) is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant to...more

CPSC Recall Snapshot: December 2016

Welcome to the December edition of the Alston & Bird CPSC Recall Snapshot. There has been another twist in the rare earth magnet saga. In November, the Tenth Circuit threw out the CPSC’s rule that restricted the size...more

You Should Know - December 2016

Presenting America’s Top Safety and Justice Stories of 2016 - Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? Well, here’s one more for you...more

3D Printing of Manufactured Goods: An Updated Analysis

(NEW YORK) December 15, 2016 – Reed Smith LLP today released “3D Printing of Manufactured Goods: An Updated Analysis,” a comprehensive new white paper that provides in-house counsel and industry leaders with an in-depth look...more

Rare Court Decision in CPSC-Backed Enforcement Action

A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)-backed lawsuit. United States v....more

CPSC Issues Guidance to Encourage the Disclosure of Relevant Consumer Product Safety Information in Private Litigation

On November 29, 2016, the Consumer Product Safety Commission (CPSC) published guidance for private litigants when drafting protective orders, confidentiality agreements, and settlement agreements in litigation related to...more

CPSC Recall Snapshot: November 2016

Welcome to the November edition of the Alston & Bird CPSC Recall Snapshot. Last month, the CPSC announced a $3.8 million civil penalty against Best Buy for selling recalled products. The CPSC’s press...more

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

Rubber Ducks, Teethers and More: A Guide to Current and Proposed Regulations of Phthalates in Children's Products

Phthalates are chemicals that provide flexibility and durability to a variety of products. They have historically been used in children's toys, particularly those made of flexible plastics. Phthalates soften plastics,...more

Samsung Problems: Cell Phones, Washing Machines

Samsung’s products are injuring consumers with each passing day as cases of exploding cell phones and washing machines continue to mount. The U.S. Consumer Product Safety Commission (USCPSC) has received nearly 100...more

Post-Election Update 2016

The 2016 election results have significant implications for companies across a wide range of industry sectors. From environmental policy to financial services to tax reform, President-elect Trump has committed to sweeping...more

CPSC in a Post-Election Government: Restraint and Moderation is Required by All Sides

We have had a huge election result, perhaps the most significant in our lifetime, potentially even exceeding what was called the Reagan Revolution. It is critical, particularly for anybody from Washington DC, to have a great...more

A Happy & Safe Halloween

Personal-injury risks scarily skyrocket on Halloween. The holiday of haunts and hijinks enjoyed by trick-or-treating children and party-planning adults is a chronic cause of accidents, fires and safety threats. For...more

CPSC Recall Snapshot: October 2016

Welcome to the October edition of the Alston & Bird CPSC Recall Snapshot. Earlier this month, CPSC Chairman Elliot Kaye took the uncommon step of threatening furniture makers with mandatory federal rules to address...more

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