Yesterday evening, Senate Majority Leader Harry Reid (D-NV) filed cloture on the re-nomination of Robert Adler to be a Commissioner of the Consumer Product Safety Commission (CPSC). If cloture is invoked—meaning three-fifths...more
On October 14, the Government Accountability Office (GAO) published a report entitled “Consumer Product Safety Commission: Challenges and Options for Responding to New and Emerging Risks.” The report analyzes the timeliness...more
In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall...more
We do not typically take positions on product specific issues pending before the U.S. Consumer Product Safety Commission (“CPSC”), but the CPSC’s new safety standard for magnet sets demonstrates both why the agency exists and...more
Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order dismissing the complaint filed against the power tool industry by SawStop, LLC....more
7/23/2014
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
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
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
In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another. Their societal value is why they are recognized as non-profits....more
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 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
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
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
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
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
After Congress passed the Consumer Product Safety Improvement Act (“CPSIA”) in 2008 and the major amendment to the CPSIA (Public Law 112-28) in 2011, the product safety world turned its attention and focus to CPSC regulatory...more
Two months ago, our colleague Dan Herling cautioned on this blog about making unsubstantiated “Made in the USA” claims on consumer products. He compared the Federal Trade Commission’s standard to California’s more stringent...more
In February of this year, CPSC Chairman Inez Tenenbaum announced that she would not seek a second term as Chairman of the agency. This morning she announced that she would be leaving the CPSC at the end of November. In...more
The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted. One...more
Readers of our blog tend to pay a lot of attention to federal and state product safety developments for obvious reasons. But, if your firm sells consumer products abroad, such as to Canadian consumers, paying attention to...more
This month marks the five year anniversary of the enactment of the Consumer Product Safety Improvement Act of 2008 into law. Commonly referred to as the “CPSIA,” the law has had a dramatic impact over the past five years on...more
A unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that Ross Stores Inc. (“Ross”), a national discount retailer, agreed to pay a $3.9 million civil penalty to settle allegations that it failed to report...more
On July 10, 2013, 15 months after the Department of Justice (DOJ) filed its suit against Apple Inc. (Apple) and five major publishers for allegedly conspiring to raise e-book prices and end e-book retailers’ freedom to...more
On February 8, 2013, manufacturers and importers of children’s products (a consumer product designed or intended primarily for children 12 years of age or younger) will be required to follow certain testing and certification...more
In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more
1/9/2013
/ Biofuel ,
China ,
Clean Tech ,
Fiscal Cliff ,
Investment Tax Credits ,
Offshore Wind ,
Production Tax Credit ,
REIT ,
Renewable Energy ,
Solar Energy ,
Wind Power