News & Analysis as of

Consumer Product Safety Commission (CPSC)

Benesch

U.S. Customs De Minimis Changes Announced for Section 321 - Duty-Free Treatment to Be Restricted

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Duty-free imports of low-value goods under the Section 321 program will soon face significant restrictions under rulemaking signaled by the Biden Administration. ...more

Venable LLP

Minimizing De Minimis

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On September 13, the Biden-Harris administration announced new actions to address "significant increased abuse" in the use of the de minimis import exemption. The de minimis import exemption allows low-value shipments (i.e.,...more

Holland & Knight LLP

U.S. Government Plans to Restrict Low-Value Imports Under De Minimis Exemption

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Under the current de minimis rule, shipments with an aggregate value up to $800 per day per person can be imported free of duties and taxes, except for antidumping and countervailing duties and taxes collected by other...more

Husch Blackwell LLP

Congress Moves Forward on Lithium-Ion Battery Legislation

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As the demand for clean energy and transportation grows, so does the need for rechargeable batteries. Lithium-ion batteries are widely used, from small toys to electric cars to large energy storage systems. While some...more

Dorsey & Whitney LLP

Biden Administration Finalizes Section 301 Tariff Increases on Some Chinese Goods, Announces Proposed Rules to Limit De minimis...

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On Friday, September 13, 2024, the Office of the United States Trade Representative (“USTR”) announced its final modifications to the Section 301 tariffs on Chinese-origin goods. USTR will keep all of the proposed tariff...more

Venable LLP

Get Ready to Comply with CPSC’s Upcoming eFiling Requirement

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Consumer products regulated by the U.S. Consumer Product Safety Commission (CPSC) may soon be denied entry into the United States unless the importer of record electronically files a detailed product certification with the...more

Morrison & Foerster LLP

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

Foley & Lardner LLP

2024 CPSC and FDA Enforcement Trends

Foley & Lardner LLP on

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

Morrison & Foerster LLP - Class Dismissed

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

Morrison & Foerster LLP

The Future of CPSC’s Budget

The House Subcommittee on Innovation, Data, and Commerce (the “Subcommittee”) recently held a hearing on the Consumer Product Safety Commission’s (CPSC) budget, which was cut by $1.525 million from Fiscal Year (FY) 2023 to...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Mintz

Game Changer: Amazon.com is Legally Responsible for Third-Party Seller Recalls (For Now)

Mintz on

On July 30, 2024, the Consumer Product Safety Commission (CPSC) issued a Decision and Order against Amazon, finding that Amazon is a "distributor" of third-party products, as defined by the Consumer Product Safety Act (CPSA),...more

Morrison & Foerster LLP

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

Holland & Knight LLP

CPSC Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

Holland & Knight LLP on

In a closely watched case, the U.S. Consumer Product Safety Commission (CPSC) on July 29, 2024, found that Amazon's popular "Fulfilled by Amazon" program – in which products are listed by Amazon but sold by third-party...more

Bergeson & Campbell, P.C.

CPCS Finds Amazon Responsible under CPSA for Hazardous Products Sold by Third-Party Sellers on Amazon.com

The U.S. Consumer Product Safety Commission (CPSC) announced on July 30, 2024, that it issued a Decision and Order against Amazon.com, Inc. (Amazon). CPCS states that, in a unanimous vote, it “determined that Amazon was a...more

Morrison & Foerster LLP

CPSC Commissioners and Executive Power

On July 18, 2024, the New Civil Liberties Alliance (NCLA), a nonprofit civil-rights organization, filed an amicus curiae brief, encouraging the Supreme Court to grant certiorari to Consumers’ Research v. Consumer Product...more

Snell & Wilmer

CPSC Rules Amazon Responsible Under Federal Safety Law for Hazardous Products Sold by Third-Party Sellers on Amazon.com

Snell & Wilmer on

Today, the Consumer Product Safety Commission (CPSC) issued an Order against Amazon.com, Inc.. determining that Amazon was a “distributor” of products that are defective or fail to meet federal consumer product safety...more

Morrison & Foerster LLP

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

Maron Marvel

Will EPA’s Recent Ban on Methylene Chloride Uses Result in Exponential Litigation Similar to Asbestos?

Maron Marvel on

Methylene chloride, also known as dirchloromethane [osha.gov], is a volatile, colorless liquid with a chloroform like odor. Historically, it has been used in various industrial processes, such as pharmaceutical manufacturing,...more

Morrison & Foerster LLP - Class Dismissed

CPSC Launches New Business Product Safety Complaint Portal

The Consumer Product Safety Commission (CPSC) launched a new online Business Product Safety Complaint portal through which a business can anonymously alert CPSC of competitor products in the marketplace that businesses...more

Morrison & Foerster LLP - Class Dismissed

New Civil Liberties Alliance Alleges CPSC AND Commissioner Trumka Exceeded Authority And Plans To File Suit

In early May 2024, the New Civil Liberties Alliance (NCLA) notified the U.S. Consumer Product Safety Commission (CPSC) that it intended to file suit against CPSC and CPSC Commissioner Richard Trumka for allegedly violating...more

Fenwick & West LLP

U.S. Federal Agencies Under Fire?

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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

Morrison & Foerster LLP - Class Dismissed

Lithium-Ion Battery Safety Heavily Featured At 2024 NFPA Conference

Lithium-ion batteries are rechargeable batteries, commonly found in devices used every day, including cell phones, e-cigarettes, and laptops. Lithium-ion batteries are also found in electric vehicles, e-scooters, and other...more

Mintz

Removal of Commissioners, ALJs Does Not Offend Separation of Powers: Tenth Circuit

Mintz on

When the CPSC finds that a product is defective and constitutes a substantial product hazard, it will ask a company to voluntarily undertake a corrective action, commonly called a recall. If the company refuses to take such...more

Foley & Lardner LLP

What Apparel Companies Need to Know About the CPSC

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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

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