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2024 CPSC and FDA Enforcement Trends

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

Can a Voluntary Consumer Product Safety Commission Recall Short-Circuit Costly Class Action Litigation?

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

What Apparel Companies Need to Know About the CPSC

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

What Food & Beverage Companies Need to Know About the U.S. Consumer Product Safety Commission

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

A New Regulatory Landscape for Consumer Products Containing Button Cell or Coin Batteries

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

CPSC Shares its Grand Plan at ICPHSO Annual Meeting

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

Proposed Consumer Advocacy and Protection Act Could Remove the Cap on Civil Penalties the Consumer Product Safety Commission Can...

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

A Spark in Regulation: Lithium-ion Batteries

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

Lying Is More Expensive than Telling the Truth — First Criminal Jury Trial of Executives Who Knowingly and Willfully Violated the...

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

New Requirements for Manufacturers and Importers of Consumer Products Containing Button Cell or Coin Batteries

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

CPSC Signals its Regulatory Interest in PFAS

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

The CPSC Seeks Information on Gas Stove Hazards

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

CPSC Provides More Guidance to Online Sellers & Retailers

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

What Is Going On With Gas Stoves?

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

CPSC Focuses On Child Safety in the Home

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 CPSC Promises Higher Civil Penalties and More Aggressive Enforcement

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

CPSC Presses Onward with Equity Action Plan

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

Recent Activity on Infant and Child Safety

The House passed two bills on June 23, 2021 aimed at protecting infants and children from potentially dangerous furniture. First, the Stop Tip-overs of Unstable, Risky Dressers on Youth (“STURDY”) Act would direct the...more

CPSC’s New Standard on the Flammability of Upholstered Furniture Now Effective

On June 25, 2021, the Consumer Product Safety Commission’s (CPSC) new standard addressing the flammability of upholstered furniture went into effect.1 The rule adopts California Technical Bulletin 117-2013—applicable to...more

CPSC Takes First Step to Expand Enforcement

On March 1, 2021, the Consumer Product Safety Commission (CPSC) signaled its intent to increase enforcement of its product safety regimen by seeking to more than double its current $135 million budget via a public letter from...more

The CPSC Digs In on Artificial Intelligence

American households are increasingly connected internally through the use of artificially intelligent appliances. But who regulates the safety of those dishwashers, microwaves, refrigerators, and vacuums powered by artificial...more

Consumer Product Companies Beware! CPSC Expected to Ramp up Enforcement of Product Safety Regulations

Since well before inauguration day, the Biden administration indicated that it would immediately take action to undo the deregulation agenda of the previous administration. As part of this effort, President Biden is expected...more

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