News & Analysis as of

Consumer Product Safety Commission (CPSC)

CPSC Recall Snapshot: April 2017

by Alston & Bird on

Welcome to the April edition of the Alston & Bird CPSC Recall Snapshot. In March, the CPSC approved a new federal standard for infant bathtubs. The CPSC stated that the new standard, which incorporates the most ...more

Lithium-Ion Batteries: Hoverboard Suspected in Fatal Fire

by Wilson Elser on

Since our last blog post on lithium-ion batteries, there has been a report that a self-balancing scooter, known as a hoverboard, is the suspected cause for a March 10, 2017, fatal fire that occurred in Harrisburg,...more

Recalls: What Information Should Be On Your Social Media Forums?

by Nilan Johnson Lewis PA on

With the increased number of recalls, there is a hot button issue facing manufacturers and retailers: going forward, should your company implement a practice that includes announcing all recalls on its Facebook, Twitter, and...more

CPSC to Consider New Magnet Set Safety Standards Following 10th Circuit Decision in Zen Magnets

We have entered the next chapter in the ongoing saga of the Consumer Product Safety Commission’s (“CPSC”) regulation of high-powered, small, rare earth magnet sets (“SREMS”). On March 1, 2017, CPSC met and unanimously...more

CPSC Recall Snapshot: March 2017

by Alston & Bird on

Welcome to the March edition of the Alston & Bird CPSC Recall Snapshot. This past month, Republican Commissioner Ann Marie Buerkle was named acting chairman of the CPSC. Buerkle was confirmed as a...more

[Webinar] Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments - March 29th, 12:00pm EST

by Kelley Drye & Warren LLP on

With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve...more

A Changing of the Guard: Same Enforcement Trend under New CPSC Leadership?

Republican Ann Marie Buerkle was named Acting Chairman of the Consumer Product Safety Commission (CPSC) on February 9, 2017, replacing former Chairman and Democrat Elliott Kaye. This transition has many wondering whether the...more

Lithium-Ion Battery Failures: Suggestions For Product Manufacturers to Mitigate Liability Risk

by K&L Gates LLP on

Originally published in Bloomberg Law, vol. 45, no. 10 - March 6th, 2017. Highly publicized incidents involving lithium-ion battery fires have necessitated large-scale and costly recalls, or highly publicized...more

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

by Alston & Bird on

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

by Kelley Drye & Warren LLP on

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

by Stinson Leonard Street on

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

by Alston & Bird on

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

by Kelley Drye & Warren LLP on

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

by Alston & Bird on

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

by Stinson Leonard Street on

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

by Alston & Bird on

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 and...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

by Reed Smith on

(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

by Kelley Drye & Warren LLP on

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

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