The enforcement trends of 2023 have continued into 2024, especially with respect to the U.S. Consumer Product Safety Commission (CPSC or Commission) and the U.S. Food and Drug Administration (FDA or Agency). Both have ramped...more
8/30/2024
/ Consumer Product Safety Commission (CPSC) ,
Consumer Product Safety Improvement Act (CPSIA) ,
E-Commerce ,
Enforcement ,
Food and Drug Administration (FDA) ,
Inspections ,
Litigation Strategies ,
Policies and Procedures ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements
Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or...more
The U.S. Consumer Product Safety Commission (“CPSC”) is an independent federal agency that regulates consumer products, including a variety of products made and sold by stakeholders in the Apparel industry, by providing...more
As we make further strides into 2024, the fashion, apparel & beauty landscape continues its dynamic evolution, marked by opportunities and challenges. Consumer preferences, technological breakthroughs, geopolitical shifts,...more
5/17/2024
/ Copyright ,
Cosmetics ,
Deep Fake ,
Fashion Industry ,
Food and Drug Administration (FDA) ,
FTC Act ,
Greenwashing ,
Licensing Rules ,
Luxury Goods ,
Recycling ,
Right of Publicity ,
Royalties ,
Trademarks
Food and beverage companies may be surprised to learn that the U.S. Food and Drug Administration (“FDA”) is not the exclusive regulatory authority over the safety of foods and beverages. Indeed, other governmental authorities...more
4/16/2024
/ Compliance ,
Consumer Product Safety Act (CPSA) ,
Consumer Product Safety Commission (CPSC) ,
Distributors ,
Food and Drug Administration (FDA) ,
Food Safety ,
Importers ,
Manufacturers ,
Product Packaging ,
Regulatory Agencies ,
Retailers ,
USDA
New regulations from the Consumer Product Safety Commission (CPSC) are set to go into effect on March 19, 2024, for manufacturers and importers of consumer products containing button cell and coin batteries (or products...more
The United States Consumer Product Safety Commission (CPSC) staff presented at several sessions during the International Consumer Product Health and Safety Organization’s (ICPHSO) annual meeting and training symposium in...more
On January 25, 2024, Representative Jan Schakowsky (D-IL-09), Ranking Member of the House Innovation, Data, and Commerce Subcommittee and former Chairwoman of the Consumer Protection Subcommittee of the House Energy and...more
Lithium-ion (“Li-ion”) batteries are the energy source for many consumer products, including electric bicycles and scooters. While their use has become increasingly popular, Li-ion batteries have also reportedly caused...more
On November 16, 2023, a federal jury in Los Angeles returned guilty verdicts against two corporate executives of a consumer product distributor for conspiracy to defraud the United States by obstructing the lawful functions...more
On October 31, 2023, the EPA published a proposed rule in the Federal Register pursuant to its authority under the Toxic Substances Control Act (TSCA) that would effectively ban trichloroethylene (TCE) for all commercial and...more
The Ninth Circuit Court of Appeals recently issued three noteworthy decisions holding that courts may consider information on the back or side of consumer product labels to clarify any ambiguous language on the front labels...more
The Consumer Product Safety Commission (CPSC) recently adopted comprehensive new safety and labeling requirements for consumer products containing button cell and coin batteries (or products intended to contain them) that...more
On September 20, 2023, the Consumer Product Safety Commission (CPSC) issued a Federal Register Notice and Request for Information asking for public comment about the use and presence of per- and polyfluoroalkyl substances...more
Since its enactment in 2010, California’s Automatic Renewal Law (ARL) has motivated an ever-increasing number of putative class action complaints. The latest surge is due in large part to amendments that went into effect last...more
Agility and resiliency remain essential attributes for manufacturers in 2023. Manufacturers are no longer focused on figuring out when things will return to “normal.”
Instead, they are applying lessons learned from the...more
7/11/2023
/ Artificial Intelligence ,
Best Practices ,
Clawbacks ,
Compensation ,
Compliance ,
Customs and Border Protection ,
Cyber Threats ,
Cybersecurity ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Intellectual Property Protection ,
Machine Learning ,
Manufacturers ,
Securities and Exchange Commission (SEC) ,
Supply Chain
Over the course of the past decade, and the past year in particular, the consumer products industry has seen an uptick in class action lawsuits challenging environmental marketing claims, including claims on product labels or...more
Automobiles may be the most complex, essential and widely used consumer products in the world and every year they incorporate increasingly advanced technology into nearly every component and function. The advancing...more
4/26/2023
/ Automotive Industry ,
California ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Driverless Cars ,
Electric Vehicles ,
False Advertising ,
Jurisdiction ,
Negligent Misrepresentation ,
Semiconductors ,
Software ,
Strict Product Liability ,
Supply Chain
The Consumer Product Safety Commission (CPSC) appears to have moved its investigation into gas stove emissions off the back burner. After Commissioner Richard Trumka’s comments in early January that a gas stove ban was “on...more
Last month, the Consumer Product Safety Commission (the “CPSC”), through its Small Business Ombudsman team (the “SBO Team”), published its safety guide for online sellers. The SBO Team is touting this new publication, the...more
In December, the U.S Environmental Protection Agency (EPA) announced a proposed rule under the American Innovation and Manufacturing (AIM) Act to address the impact of hydrofluorocarbons (HFCs), which are potent greenhouse...more
Richard Trumka, Jr., a Commissioner on the Consumer Product Safety Commission (CPSC), commented during an interview with Bloomberg in early January, that a gas stove ban is “on the table.” The statement sparked rumors that...more
The Consumer Product Safety Commission (CPSC) has long focused on consumer products that pose unique risks to children, especially products in the home like clothing storage and window coverings; this emphasis has only...more
The consumer product industry can expect more aggressive enforcement from the Consumer Product Safety Commission (CPSC), including higher civil penalties, increased use of criminal penalties, and the implementation of...more
In late spring, the Consumer Product Safety Commission (CPSC) held a roundtable for interested stakeholders to discuss the Equity Action Plan it issued on January 20, 2022. In hosting the public forum, the CPSC sought to...more
7/25/2022
/ Consumer Product Safety Commission (CPSC) ,
Enforcement ,
Executive Orders ,
FCC ,
Federal Trade Commission (FTC) ,
Investigations ,
NTSB ,
OMB ,
OSHA ,
Public Health ,
Risk Management