CPSC

News & Analysis as of

CPSC to Hold its Annual Priorities Hearing on July 24th

Last week the CPSC formally announced it would be holding its annual “agenda and priorities” hearing at the CPSC on July 24th at 10am. The purpose and importance of this meeting is somewhat underappreciated in terms of the...more

SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and...more

Unredacted Company Doe (Ergobaby) Opinion Released

We previously wrote about the recent 4th Circuit decision that ordered the unsealing of a district court opinion siding with a manufacturer who challenged a product safety report the CPSC planned to post on its...more

CPSC Emphasizes Internet Presence with New Monthly Progress Reporting Template

NEW MONTHLY PROGRESS REPORT - In May 2014, the Consumer Product Safety Commission (CPSC) rolled out a new monthly progress report for companies executing a product recall. The form is available here. The new template...more

No Quorum at Senate Nominations Hearing for CPSC’s Adler; Three CPSC Nominees Now Waiting for Committee Action

The CPSC’s Acting Chairman, Robert (Bob) Adler, testified before the U.S. Senate Committee on Commerce, Science, and Transportation for his confirmation hearing this week along with four other nominees for various positions...more

Federal Regulatory Agenda Update - June 2014

Federal regulatory activity is at an all-time high, with more than 3,700 regulations in just the past year. This has caused the Code of Federal Regulations to grow to 238 volumes with nearly 175,000 pages – 4,000 of which...more

Former CPSC Chairman Brown Expresses Concern over CPSC’s Voluntary Recalls Rule

Former CPSC Chairman Ann Brown recently sent a letter to the leaders of the CPSC’s congressional oversight committee asking for them to “urge the Commission to consider its proposed [voluntary recalls] rule carefully and to...more

The Epic Buckyballs® Saga Settles

May 2014 brought an ordinary end to a series of extraordinary events, with the Consumer Product Safety Commission (CPSC) settling an unprecedented proceeding against Craig Zucker, the former CEO of Buckyballs® manufacturer...more

Check Your CAP: CPSC Releases Revised Monthly Progress Report Form for Recalls

The CPSC recently released a new monthly progress report form for companies conducting recalls with the agency. The revised form is in some respects better written than its predecessor and retains many of the old information...more

Product Recall Information for Consumers

A recall is the process of addressing defects found in specific products. In most cases, the decision to issue a recall is voluntarily made by the manufacturer of the defective product. However, a government agency can...more

Looking to Litigate in Secret? Fourth Circuit Creates Hurdles for Product Manufacturers

In April, the Fourth Circuit ruled in Company Doe v. Public Citizen that a manufacturer could not hide behind a veil of secrecy even after successfully enjoining the Consumer Product Safety Commission (CPSC) from publishing...more

Acting Chairman Adler Renominated for Second Term as Commissioner at the CPSC

In an unexpected move, President Obama announced this afternoon his intent to renominate current CPSC Acting Chairman, Robert Adler, to a second term at the agency. Acting Chairman Adler’s current term expires in October of...more

CPSC Settles Complaint Against Ex-CEO of Buckyballs and Buckycubes

On May 9, 2014, the CPSC and the maker of Buckyballs and Buckycubes settled the July 2012 administrative case brought by the CPSC alleging that these “rare earth magnets” pose a substantial product hazard. The settlement...more

CPSC Hits Pause on Final “Certificates of Compliance” Rule

In response to a written request from 32 trade associations and issues raised by 58 public comments, the Consumer Product Safety Commission (CPSC) decided at its public meeting this morning that it will seek further public...more

"Company Doe" wins challenge but loses anonymity - ruling makes it tougher for companies to confront erroneous online claims

A new decision by the Fourth Circuit Court of Appeal will require the lower court to unseal court documents, revealing the identity of a manufacturer that claims it was falsely implicated in a consumer report....more

4th Circuit Unmasks Company Doe & Unseals Entire Record in CPSC Database Case

Yesterday, the U.S. Court of Appeals for the Fourth Circuit rather forcefully reversed one of the key rulings of Maryland District Court Judge Alexander Williams, Jr. in the recent litigation involving the CPSC’s...more

CPSC Announces Forman Mills Civil Penalty and Compliance Program

For the first time in nearly a year, a unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that a company will pay a hefty civil penalty and enact a strict compliance program to resolve allegations regarding...more

Are Product Recalls Effective? Report Suggests Children’s Products Recalls Are Largely Ineffective

For most Americans, hearing news that one of our children’s products has been recalled can induce much anxiety. When we buy products for our kids, such as a car seat or a high chair, we expect that they are going to be safe...more

Kaye & Mohorovic CPSC Confirmation Hearing Set for April 8th

The rumor is now confirmed. The U.S. Senate Committee on Commerce, Science, and Transportation officially announced it will hold the confirmation hearing for CPSC Chairman nominee, Elliot Kaye, and Commissioner nominee, Joe...more

Recent Notable Recalls

By now most subrogation professionals understand the importance of keeping current with the frequent Consumer Product Safety Commission recall notices. For this blog post we note the following recent notable recalls for the...more

Monthly Update for March 2014

EPA's Endocrine Disruptor Screening Program Updates EDSP Comprehensive Management Plan: On February 21, 2014, the U.S. Environmental Protection Agency (EPA) updated its Endocrine Disruptor Screening Program (EDSP)...more

Elliot Kaye Nominated as New Chairman of the CPSC

The long awaited announcement of a new CPSC Chairman is finally here. After more than a year of speculation and intrigue, the search ended right where it started today when President Obama announced that Elliot Kaye is his...more

The Fitbit Recall: Is a “One Size Fits All” Approach the Most Effective Way to Remedy Potential Hazards?

Last week, the U.S. Consumer Product Safety Commission (CPSC) issued a voluntary recall notice for the popular wireless, activity-tracking wristband Fitbit Force. Fitbit’s wristband allows consumers to monitor and measure...more

CPSC is Now Publicly Posting “Letters of Advice” to its Website

In his keynote address at the annual conference of the International Consumer Product Health & Safety Organization (ICPHSO), Acting Chairman Adler announced that the agency had recently started posting what it calls “letters...more

Toy Companies Sued for Importing Defective Products

Last week, the U.S. Department of Justice (“DOJ”) filed suit in federal court against four California companies and six individuals for importing products that violate the Federal Hazardous Substances Act (“FHSA”) and the...more

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