Consumer Product Safety Commission (CPSC)

News & Analysis as of

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

CPSC Sends Another Shot Across the Bow of Retailers with $3.8 Million Civil Penalty Against Best Buy for the Sale of Recalled...

On Tuesday, the U.S. Consumer Product Safety Commission (CPSC) announced that Best Buy Co., Inc. entered into a settlement agreement with the CPSC to pay a $3.8 million civil penalty to resolve allegations that it “knowingly...more

Child Strollers Recalled Due to Safety Defect

CPSC Recalls Safety 1st Brand Strollers Because of Child Injury Risk - Is the stroller that you currently use safe? According to a recent article from ABC News, around 20,000 strollers have been recalled due to a “defect...more

CPSC Recall Snapshot: September 2016

Welcome to the September edition of the Alston & Bird CPSC Recall Snapshot. This month, the CPSC announced the recall of Samsung Galaxy Note7 smartphones. This recall is far from ordinary, however, because Samsung ...more

Lithium-Ion Batteries: Small Products, Big Exposures

They are everywhere: in your pocket, in your car, in your hands, in your lap and even “in your face.” Lithium-ion batteries are in nearly every product that has become a staple of modern life, such as smartphones,...more

September 2016 Update on Significant DOT, FAA and Other Federal Agencies’ Aviation-Related Regulatory Actions

This edition of the Cozen O’Connor Aviation Regulatory Update discusses DOT’s selection of carriers to operate U.S.-Havana and U.S.-Tokyo (Haneda) air services, the FAA’s implementation of its small unmanned aircraft...more

Co-sleeping Safely: A Guide to the Current Regulations of Infant Bedside Sleepers

The bedside sleeper, also called a "co-sleeper" or "co-sleeping bassinet," provides a baby and parent their own sleeping experiences while still enabling the parent to be in close proximity to the baby. This product is most...more

Battery Problems Spread to Smartphones

After more than a decade of laptop battery fires, coupled with the surge in new battery operated devices causing fires (including hoverboards and e-cigarettes), it seemed almost impossible that news of a new string of...more

The First Baby Bed: A Guide to Current and Proposed Regulations of Bassinets

Have you ever wondered which type of children's product has the longest history? As far as children's sleeping products are concerned, the bassinet is probably the most time-honored staple. Iron baby beds were developed in...more

The Modern Play Pen: A Guide to the Current and Proposed Regulations of Play Yards

On May 12, 1998, 16-month-old Danny Keysar died after his portable crib, also known as a play yard, collapsed while he was napping at his licensed childcare facility in Chicago. When the play yard collapsed, Danny's neck had...more

FLPs and Other “Discounting” Strategies: Targets for IRS Scrutiny? Act Now!

Proposed regulations issued by the Treasury Department in August 2016 under Section 2704 of the Internal Revenue Code seek to limit valuation discounts afforded by family limited partnerships (FLP) and other common planning...more

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

Hot CPSC Jurisdictional Issues: Does the CPSC Have Regulatory Authority Over Amusement Park Rides and Guns?

In the wake of two tragic amusement park ride accidents in Kansas and Tennessee, and the ongoing political debate in America over gun safety issues, we felt it timely to help answer a question that continues to be asked in...more

FDA Issues Final Guidance on General Wellness Products

On July 28, 2016, the United States Food and Drug Administration (FDA) finalized guidance stating that the agency does not plan to regulate “general wellness products,” including software applications, provided they present a...more

E-Cigarette Makers Contending with New CPSC and FDA Regulations

Products like e-cigarettes and other electronic nicotine delivery systems (ENDS) have been under intense scrutiny in recent years from public health officials, legislators at all levels of government, and many other...more

Product Safety and Liability Prevention

When companies make products that are not safe, they automatically increase their liabilities. This is not in anyone’s interest. Costs increase. Bad PR increases. Good will is lost. Insurance rates go up. And, most...more

CPSC Chairman Kaye and Commissioner Adler: Current Civil Penalties Approach Works

Yesterday, CPSC Chairman Elliot Kaye and Commissioner Robert Adler issued a lengthy joint statement vigorously defending the Commission’s current approach to civil penalties against various criticisms voiced by Commissioners...more

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