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ICPHSO 2025: CPSC at ICPHSO

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

ICPHSO 2025: State Regulation in Response to Trump’s Push for Federal Deregulation

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

CPSC Warns Consumers to Stop Using Sport Nets

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

Tenth Circuit Hears Challenge to Lower Court’s Ruling on High-Powered Magnets

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

CPSC’s 2024 Year in Review

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

What to Expect from CPSC in 2025

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

FDA Draft Guidance on Artificial Intelligence-Enabled Device Software Functions

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

FDA Releases Draft Guidance on Evaluating the Risk and Credibility of AI Used in Establishing Drug and Device Safety,...

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

Administrative Judge Sides with Leachco in Action Against CPSC

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

Right-to-Repair Laws: The Trend Continues

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

Supreme Court Declines to Hear Challenge to Structure of CPSC

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

CPSC Approves New Safety Standard for Nursing Pillows

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

CPSC Calls for an Investigation into Shein and Temu

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

The Future of Section 230: Protection Against Product Liability Claims?

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

Cases to Watch: Gilead Life Sciences v. Superior Court - October 2024

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

CPSC Releases Annual Report On Deaths And Injuries Involving Nursery Products

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

CPSC Commissioners Abstain From Retracting Infant Sleep Product Statements

In a disappointing, yet somewhat unsurprising, turn of events, the Consumer Product Safety Commission (CPSC) has refused to retract Commissioner Richard Trumka’s unilateral statements earlier this year encouraging retailers...more

CPSC Proposes New Safety Rules for Infant Rockers

The Consumer Product Safety Commission (CPSC) is seeking to mandate voluntary safety standards for infant/toddler rockers. In October 2023, CPSC published a notice of proposed rulemaking (NPR) to address associated risks....more

Time to Update Your Terms – AAA and JAMS Update Mass Arbitration Rules

Finally addressing costly mass arbitration concerns, the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS) announced major changes to their arbitration rules. The updates aim to...more

CPSC Proposes New Rules Regulating Batteries in Kids’ Toys

The Consumer Product Safety Commission (CPSC) recently released a detailed proposal and is seeking comments for new regulations governing button cell and coin batteries in toys intended for children under 14 years of age....more

When Your Life Sciences Are on the Line: Product Liability and Mass Torts

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fourth episode of When Your Life Sciences Are on the Line, where leading...more

Immersive Technologies: The Uncertain Regulatory Landscape

Immersive technologies are at the forefront of innovation in the consumer technology and life sciences industries, but regulators are struggling to fit these devices, which blend clinical software with commercial headsets,...more

CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer Of Smoke Detector

On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon...more

Is a Federal Gas Stove Ban in the Works? CPSC Says "No."

In January of 2023, Commissioner Richard Trumka Jr. of the Consumer Product Safety Commissioner (CPSC) ignited a political debate over an unlikely subject: gas stoves. During an interview with Bloomberg on January 9, 2023,...more

House Committee on Small Business Opens Investigation into CPSC Commissioner Trumka

On July 25, 2024, Representative Roger Williams, Chairman of the House Committee on Small Business (the “Committee”), informed Consumer Product Safety Commission (CPSC) Chairman Alexander Hoehn-Saric that the Committee has...more

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