CPSC

News & Analysis as of

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

The Sixth Circuit Clarifies Admissibility of the CPSC’s Failure to Take Regulatory Action

The admissibility of the Consumer Product Safety Commission’s (CPSC) failure to take action to regulate products has been litigated in many courts throughout the United States, largely due to an ambiguous provision in the...more

Proposed Changes to CPSA Section 6(b) Reduce Protections Currently Available to Manufacturers and Private Labelers

Section 6(b) of the CPSA establishes procedures for and restrictions on the CPSC’s public disclosure of information. It prohibits the CPSC from disclosing information about a consumer product that identifies a company unless...more

CPSC Holding Third Party Testing Exemptions Workshop

The CPSC is voting soon on whether to hold a workshop to discuss potential ways to reduce third party testing costs through additional “determinations” that certain products or materials do not require third party testing....more

Product Safety Round-Up from the States

Over the past month, our blog posts have focused on the product safety activities of the U.S. Consumer Product Safety Commission and U.S. Congress, and even within the EU and Australia. However, product safety developments...more

Bipartisan Letter from US Senators Casey & Toomey Joins 45 Others Critical of CPSC’s Changes to Voluntary Recalls

In a somewhat unusual development for a CPSC rulemaking, Pennsylvania Senators Robert Casey and Patrick Toomey submitted a bipartisan comment letter into the official administrative record for CPSC’s proposed voluntary...more

Is a Dangerous Product Lurking in Your Home?

Manufacturers have an obligation to supply products that are safe. Unfortunately, dangerous and defective products often make their way to the market. Just recently, the Consumer Product Safety Commission (CPSC) issued a...more

What Does Product Liability Mean Anyway?

Ralph Nader worked as a lawyer while he researched his 1965 book Unsafe at Any Speed. The book focused on the Chevrolet Corvair, but many of the problems he detailed, including the lack of standard seatbelts, metal dashboards...more

Will the CPSC Provide Guidance for Compliance Programs?

As the February 4th commenting deadline for CPSC’s voluntary remedial actions rulemaking approaches, many companies and trade associations are pondering not only the wisdom of CPSC’s insertion of compliance programs into...more

CPSC Receives Full Funding Request for 2014

Although the Consumer Product Safety Improvement Act of 2008 (CPSIA) authorized a budget of $136.4 million for CPSC in fiscal year 2014, Congress set the CPSC’s authorization levels years before the recent budget climate took...more

CPSC Releases Amendment to 6(b) Information Disclosure Regulations

The CPSC has released the staff briefing package for a Notice of Proposed Rulemaking (NPR) to amend its existing regulation interpreting the requirements of Section 6(b) of the Consumer Product Safety Act (CPSA). Agency staff...more

CPSC Signs 10-Year Lease to Remain at Bethesda Headquarters

While the headquarters location of a federal agency may not seem highly newsworthy, a recent report that the CPSC has signed a new 10-year lease to remain at its current location in Bethesda, Maryland is very welcome news to...more

Commissioner Adler is now the Acting Chairman of the CPSC

We first wrote about Chairman Tenenbaum departing the CPSC and Commissioner Bob Adler assuming the role of Acting Chairman back in October. Last week the CPSC issued a press release confirming that Commissioner Adler became...more

Personalized Products Companies and the Consumer Product Safety Act

We have previously blogged about the sometimes difficult decision that companies face when classifying their products as “children’s” or “general-use” products and the uncertainty of predicting whether the Consumer Product...more

CPSC Adds Burden Reduction Work, ATV Study, and UL 250 Voluntary Standard Involvement to 2014 Operating Plan at Chairman...

CPSC’s November 20, 2013 Commission hearing started with an emotional farewell from Chairman Inez Tenenbaum and high praise from her fellow Commissioners for her dedication to consumers and the agency. I joined the Chairman’s...more

Buckyballs® Strike Back: Former CEO Sues CPSC

In May 2013, the Consumer Product Safety Commission (CPSC) took the unprecedented step of naming Craig Zucker in an administrative complaint against Maxfield and Oberton Holdings, LLC, the manufacturer of Buckyballs®, in...more

New CPSC Proposal Would Reverse 39 Year Precedent by Making Voluntary Recall Agreements Legally Binding on Companies

Since the inception of the U.S. Consumer Product Safety Commission (CPSC), voluntary recall agreements between the agency and companies conducting a recall (commonly referred to as “corrective action plans”) have not been...more

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