Consumer product companies are facing unprecedented scrutiny as the Consumer Product Safety Commission (CPSC) intensifies its regulatory oversight. With heightened civil penalties, increased monitoring of e-commerce...more
The Tenth Circuit Court of Appeals denied a petition challenging a rule promulgated by the U.S. Consumer Product Safety Commission (CPSC) banning small, high-powered, separable magnets. Upholding CPSC’s rule, the Tenth...more
The three Democratic commissioners of the Consumer Product Safety Commission (CPSC) who President Trump fired two weeks ago will not go down without a fight. Earlier this week they sued the president, arguing his unilateral...more
5/27/2025
/ Administrative Appointments ,
Appeals ,
Constitutional Challenges ,
Consumer Product Safety Commission (CPSC) ,
Enforcement Actions ,
Government Agencies ,
Hiring & Firing ,
Judicial Authority ,
OMB ,
Presidential Appointments ,
SCOTUS ,
Statutory Interpretation ,
Termination ,
Trump Administration
In April 2025, the House Committee on Energy and Commerce unanimously approved the Setting Consumer Standards for Lithium-Ion Batteries Act. The Act, if it is enacted, would convert current voluntary standards ANSI/CAN/UL...more
In a dramatic shake-up at the Consumer Product Safety Committee (CPSC), President Trump has ousted three of its five commissioners, leaving the agency with distinctly Republican leadership. Commissioners Richard Trumka, Mary...more
California has changed its definition of electric bicycles to clarify ambiguities about the use of throttles. Since their first introduction in the 1990s, electric bicycles, or e-bikes, have grown tremendously in popularity...more
5/7/2025
/ Bicycles ,
California ,
Consumer Protection Laws ,
Electric Vehicles ,
Manufacturers ,
New Legislation ,
New Regulations ,
Regulatory Reform ,
Regulatory Requirements ,
Safety Standards ,
State and Local Government
This third installment in our series highlights the focus on children’s product safety at the 2025 International Consumer Product Health and Safety Organization (ICPHSO) symposium. This year’s symposium featured a range of...more
The Trump administration may eliminate the Consumer Product Safety Commission (CPSC), according to a recently leaked draft fiscal year 2026 budget for the Department of Health and Human Services (HHS). This “pre-decisional”...more
An interview with Julie Park, Partner at MoFo, Richard Hsu...more
This second installment of our series highlights the Consumer Product Safety Commission’s (CPSC) presence and guidance at this year’s ICPHSO annual symposium. CPSC had a notably smaller presence this year. Agency...more
Every year at the International Consumer Product Health and Safety Organization (ICPHSO)’s annual symposium in Orlando, stakeholders, regulators, and other industry members gather to discuss emerging trends and issues around...more
On December 19, 2024, the Consumer Product Safety Commission (CPSC) unilaterally issued a warning to consumers to stop using Sport Nets 4’ x 8’ portable soccer goals. According to CPSC, an exposed metal tip at the top of the...more
2/19/2025
/ Consumer Product Companies ,
Consumer Product Safety Commission (CPSC) ,
Consumer Protection Laws ,
Enforcement Actions ,
Hazardous Substances ,
Manufacturers ,
Product Defects ,
Product Recalls ,
Regulatory Agencies ,
Regulatory Authority ,
Regulatory Requirements ,
Safety Standards
Continuing the Zen Magnets saga, the Consumer Product Safety Commission (CPSC) faces a challenge to a rule banning products containing small, high-powered, separable magnets. CPSC has asserted that these kinds of small,...more
In recent years, the Consumer Product Safety Commission (CPSC) has increased pressure on consumer product companies through various enforcement mechanisms. The increase in the frequency and amount of civil penalties sought by...more
2/19/2025
/ Civil Monetary Penalty ,
Compliance ,
Consumer Product Companies ,
Consumer Product Safety Act (CPSA) ,
Consumer Product Safety Commission (CPSC) ,
Consumer Protection Laws ,
Enforcement ,
Product Defects ,
Product Recalls ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Safety Standards
At the end of last year, the Consumer Product Safety Commission (CPSC) approved an Operating Plan for Fiscal Year 2025, which includes CPSC’s strategic priorities and resource allocations for the coming year. Stated...more
2/19/2025
/ Baby Products ,
Batteries ,
Children's Toys ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Digital Platforms ,
E-Commerce ,
Enforcement ,
Enforcement Actions ,
Manufacturers ,
Online Marketplace ,
Popular ,
Safety Standards ,
State Attorneys General
This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more
1/22/2025
/ Artificial Intelligence ,
Cybersecurity ,
Draft Guidance ,
Emerging Technologies ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Medical Devices ,
Regulatory Requirements ,
Risk Management ,
Software ,
Transparency
This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more
1/17/2025
/ Artificial Intelligence ,
Compliance ,
Draft Guidance ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Machine Learning ,
Medical Devices ,
Pharmaceutical Industry ,
Regulatory Agenda ,
Regulatory Requirements ,
Risk Management
Leachco, a small family-owned business in Oklahoma that manufactures and sells infant lounging products, recently won a rarely litigated issue against CPSC. In July 2024, an administrative law judge (ALJ) denied relief sought...more
Interest in the “right-to-repair” movement continues to grow, as a number of states propose new legislation in this realm for consumer electronics, with five states successfully enacting such laws. But these laws are not...more
On October 21, 2024, the Supreme Court declined to hear a challenge to the structure of the Consumer Product Safety Commission (CPSC). As we explained in a previous blog post, under CPSC’s current structure, the president of...more
12/4/2024
/ Chevron Deference ,
Civil Liberties ,
Consumer Product Safety Commission (CPSC) ,
Denial of Certiorari ,
Executive Branch ,
Executive Powers ,
Federal Trade Commission (FTC) ,
FOIA ,
Loper Bright Enterprises v Raimondo ,
Malfeasance ,
SCOTUS
On September 18, 2024, the Consumer Product Safety Commission (CPSC) unanimously approved a new mandatory standard for nursing pillows designed to address risks presented by suffocation, entrapment, and fall hazards...more
In an open letter published on September 3, 2024, Consumer Product Safety Commission (CPSC) Commissioners Peter Feldman and Douglas Dziak called for an investigation into foreign-owned e-commerce platforms Shein and Temu to...more
12/4/2024
/ Baby Products ,
China ,
Consumer Product Safety Commission (CPSC) ,
De Minimus Doctrine ,
Digital Services ,
E-Commerce ,
Enforcement ,
Enforcement Actions ,
Federal Bans ,
Foreign Corporations ,
Importers ,
Popular ,
Retailers ,
Singapore ,
Third-Party
Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if...more
The Supreme Court of California is gearing up to decide an important question for the future of product liability law: Do drug manufacturers have a duty to innovate? In other words, does a manufacturer of a non-defective drug...more
During September 2024’s “Baby Safety Month,” the Consumer Product Safety Commission (CPSC) published its annual report detailing injuries and deaths associated with nursery products among children under the age of five. CPSC...more