News & Analysis as of

Administrative Procedure Act Consumer Product Safety Commission (CPSC)

Fenwick & West LLP

U.S. Federal Agencies Under Fire?

Fenwick & West LLP on

On June 28, 2024, the U.S. Supreme Court rejected the long-standing Chevron test in Loper Bright Enterprises v. Raimondo. The Chevron test gave deference to a government agency’s expertise when a law is ambiguous regarding...more

King & Spalding

The Gathering Storm Over Gas Stoves

King & Spalding on

Not a day seems to go by in recent weeks without multiple articles and media hits on controversies over gas stoves. Across the U.S., opponents of gas stoves have implemented a coordinated effort by government regulators,...more

Mintz - Consumer Product Safety Viewpoints

Fifth Circuit Finds Flaws in CPSC Rulemaking on Phthalate Limits Highlighting Another Rulemaking Misstep for the Agency

The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal agency, the Consumer Product Safety Commission (the “CPSC”) must follow these...more

Harris Beach PLLC

Fifth Circuit Rejects and Remands Phthalate Limit Rule in Children’s Products Back to CPSC

Harris Beach PLLC on

The Consumer Product Safety Commission (the “CPSC”) is tasked with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of types of consumer products. Like most federal...more

Mintz - Consumer Product Safety Viewpoints

CPSC Sued Over Lack of Access to Consensus Standard Incorporated Into CPSC Regulation

An interesting and potentially very important case not only in CPSC world but for thousands of statutes and regulations is pending in a federal court of appeals. On May 18th, a civil rights group filed its opening brief...more

Mintz - Consumer Product Safety Viewpoints

CPSC’s Zen Magnets Mandatory Recall Reversed: A Mixed District Court Decision Gives Zen Magnets a New Life and the CPSC Favorable...

The consumer product safety community is rarely provided guidance by federal court decisions. On Tuesday, however, Judge R. Brooke Jackson of the Federal District Court for the District of Colorado issued an opinion in the...more

Kelley Drye & Warren LLP

CPSC Issues Guidance to Encourage the Disclosure of Relevant Consumer Product Safety Information in Private Litigation

On November 29, 2016, the Consumer Product Safety Commission (CPSC) published guidance for private litigants when drafting protective orders, confidentiality agreements, and settlement agreements in litigation related to...more

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