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Leaked Budget Proposal Suggests Major Restructuring of Federal Health and Safety Agencies, Including the Consumer Product Safety...

A recently leaked and apparently genuine Office of Management and Budget (OMB) Budget “Passback” memorandum—the OMB’s official feedback mechanism for budget submissions from federal agencies—signals major changes to the...more

What Cosmetic Companies Need to Know About the CPSC

Cosmetics, including skin moisturizers, makeup, nail polish, shampoos, hair color, and deodorants, are predominantly regulated by the Food and Drug Administration (FDA). For those in the cosmetics industry, the Consumer...more

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

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

Two-Dimensional Barcodes: How 2D Could Change Retail

When introduced nearly fifty years ago, the Universal Product Code (UPC)—the most visually recognizable of One-Dimensional (1D) barcodes—was a major innovation. 1D barcodes increased checkout speeds, improved accuracy of...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

Top Legal Issues Facing the Manufacturing Sector in 2023

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

Is Your Product Really “Non-Toxic” or “Biodegradable”? The FTC Weighs In.

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

CPSC Finally Provides Regulatory Certainty on Clothing Storage Units

On April 19, 2023, in a 3-to-1 vote, the Consumer Product Safety Commission (CPSC) determined that ASTM F2057-23 meets the requirements of the Stop Tip-overs of Unstable, Risky Dressers on Youth (STURDY) Act and adopted it as...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

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