CPSC

News & Analysis as of

Company Officer Liable in Buckyball Recall

Buckyballs are high-powered spherical magnets that can be stacked to form interesting designs. The manufacturer Maxfield & Oberton began selling the product in the United States in 2009. Originally marketed as a toy, the...more

CPSC Poised to Ban High-Powered Magnet Sets

Although the final rule currently under consideration by the CPSC sets a performance standard for magnet sets, the practical effect of the new safety standard will be a ban on the future sale or distribution of powerful rare...more

Are Airbnb Hosts Regulated by the CPSC? Short-Term Rental Properties May Require Compliance with Pool & Spa Safety Laws

In the wake of the tragic drowning of Virginia Graeme Baker, granddaughter of former Secretary of State James Baker, Congress passed and President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act. The...more

CPSC Magnets Trial in December? Zen Magnets Throws Down the Gauntlet; Vows to “Fight Until the End”

Two years ago, the U.S. Consumer Product Safety Commission (CPSC) took the uncommon step of filing administrative complaints against multiple rare-earth magnet companies who refused to voluntarily recall magnetic adult desk...more

Pin the Blame on the Corporate Officer: Senators Introduce Hide No Harm Act

Three Senate Democrats recently introduced a bill that seeks to hold company executives of a product maker or seller criminally liable for knowingly "failing to inform and warn of serious dangers" associated with a product....more

Senate Confirms Elliot Kaye as Chairman & Joe Mohorovic as Commissioner of the CPSC

Last night, the U.S. Senate confirmed Elliot Kaye as the new CPSC Chairman and Joe Mohorovic as a new Commissioner of the agency. Once Kaye and Mohorovic are officially sworn in this week, the Commission will be fully...more

Expect a New Chairman and Five Member CPSC Next Week

Yesterday, Senate Majority Leader Harry Reid (D-NV) announced on the Senate Floor (video clip below) that the Senate will consider and vote on the nominations of Elliot Kaye and Joe Mohorovic on Monday, July 28th. President...more

House Appropriations Amendments Would Halt CPSC’s Voluntary Recalls Rule; Fund Testing Relief

The House of Representatives is currently considering H.R. 5016, the Financial Services and General Government Appropriations Act of 2015, which provides funding to many different parts of the federal government for the next...more

CPSC Nominees Kaye, Mohorovic, and Adler Sent to Senate Floor for Confirmation Vote

Yesterday, the Senate Commerce, Science, and Transportation Committee approved three pending nominations for the Consumer Product Safety Commission (CPSC). The Committee approved Elliot Kaye as Chairman and Joe Mohorovic and...more

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

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

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