News & Analysis as of

Consumer Product Safety Commission (CPSC)

New Vacancy at CPSC as Commissioner Joe Mohorovic Departs for Dentons

by Kelley Drye & Warren LLP on

Last week, CPSC Commissioner Joseph Mohorovic, one of the two Republicans on the five-person Commission, announced that he would be ending his term as Commissioner two years early to join the Federal Regulatory and Compliance...more

Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9 Million Penalty in DOJ/CPSC Tag-Team Enforcement...

A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA). The court’s 23-page opinion is a strong...more

CPSC Expands Phthalate Restrictions in Toys and Child Care Articles

by Beveridge & Diamond PC on

This week, the U.S. Consumer Product Safety Commission (CPSC) voted to expand existing phthalate restrictions in children’s toys and child care articles. ...more

Breaking: Republican Commissioner Mohorovic Departing the CPSC; Acting Chairman Buerkle Now Sole Republican in 3-1 Democratic...

This morning at the CPSC’s public hearing Commissioner Joe Mohorovic announced that he would be resigning from his position as a Commissioner, effective Friday, October 20th. Mohorovic announced that he would be joining the...more

“OK, Google. Send a Letter to the CPSC.”: Privacy Groups Request Recall of Google Home Mini

by Kelley Drye & Warren LLP on

Last Friday, ten consumer and privacy advocacy groups, including the Electronic Privacy Information Center, Center for Digital Democracy, and Consumer Watchdog, sent a letter to Acting Chairman Ann Marie Buerkle, requesting...more

One More Step Forward: Senate Committee Approves Nomination of Ann Marie Buerkle as CPSC Chairman

by Kelley Drye & Warren LLP on

The Senate Committee on Commerce, Science and Transportation approved Acting Chairman Ann Marie Buerkle’s nomination to become CPSC Chairman last Thursday in a 14-13 vote along party lines. She is expected to be confirmed by...more

CPSC Round-Up: Buerkle Confirmation Hearing, Landmark Civil Penalty Ruling, and Partisan Action on Flame Retardants

Over the past few weeks, there have been many key goings-on related to the CPSC and its Commissioners....more

Buerkle Poised to Take Her Seat

On October 4, the U.S. Senate Committee on Commerce, Science, and Transportation approved Ann Marie Buerkle’s (R-NY) nomination to the position of Chair of the Consumer Product Safety Commission (CPSC) after a two-day...more

CPSC Heating Up Before New Commissioner Appointed: Approves a Petition for Rulemaking to Ban an Entire Class of Flame-Retardants

In a split across party lines, the U.S. Consumer Product Safety Commission (CPSC or the “Commission”) recently voted on a largely unprecedented course of action: to ban an entire class of chemicals from popular consumer...more

CPSC Initiates Rulemaking to Ban Some Flame Retardants

by Miles & Stockbridge P.C. on

In 2015, a group of consumer groups filed a petition with the U.S. Consumer Product Safety Commission (“CPSC”) seeking to ban under the Federal Hazardous Substances Act the use of non-polymeric organohalogen flame retardants...more

CPSC Recall Snapshot – Plastics and Penalties

by Alston & Bird on

Welcome to the September edition of the Alston & Bird CPSC Recall Snapshot. Last month, the CPSC announced a nearly $6 million civil penalty against a U.S. retailer for selling recalled products. According to the civil...more

Dana Baiocco Nominated to Replace CPSC Commissioner Robinson

by Miles & Stockbridge P.C. on

On September 21, 2017, President Trump nominated Dana Baiocco to replace Commissioner Marietta S. Robinson when her term at the Consumer Product Safety Commission (CPSC) expires on October 26. Ms. Baiocco is a partner at...more

Third-Party Testing of Children's Products for Phthalates No Longer Required for Certain Plastics

by Miles & Stockbridge P.C. on

The U.S. Consumer Product Safety Commission (“CPSC”), by unanimous vote, has approved a final rule providing that seven plastics in children’s toys and child care articles will no longer require third-party testing because...more

Trump to Nominate New Commissioner to CPSC

President Trump announced on September 21, 2017, that his intent to nominate Jones Day partner Dana Baiocco to the position of Commissioner of the Consumer Product Safety Commission (CPSC) for a 7-year term starting next...more

Seasoned Litigator Nominated to Replace Commissioner Robinson and Establish Republican Majority at CPSC

Yesterday, President Trump announced his nomination of Dana Baiocco to be a Republican Commissioner on the Consumer Product Safety Commission. If confirmed, Ms. Baiocco would take the seat of Commissioner Robinson, whose term...more

Getting Closer: Progress on Nominations for CPSC Chairman and Commissioner

by Kelley Drye & Warren LLP on

Yesterday, President Trump announced his intent to nominate Dana Baiocco as CPSC Commissioner. If confirmed, Ms. Baiocco would replace Commissioner Marietta Robinson when her term expires on October 27, and would serve a...more

CPSC Announces Intent to Restrict Halogenated Flame Retardants in Consumer Products

by Beveridge & Diamond PC on

This week, the U.S. Consumer Product Safety Commission (CPSC) voted to form an advisory panel and begin drafting a rule to restrict the use of halogenated flame retardants in four consumer product categories: children’s...more

Home Depot Agrees to $5.7 Million Civil Penalty to Settle Allegations it Sold Recalled Products

by Miles & Stockbridge P.C. on

The U.S. Consumer Product Safety Commission (“CPSC”) announced on August 29 it has provisionally agreed with Home Depot U.S.A., Inc. to a $5.7 million settlement of allegations that the retailer unlawfully sold recalled...more

CPSC Removes Third-Party Testing Requirements for Children’s Products with Certain Plastics

In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) eliminated third-party testing for compliance with CPSC’s phthalates prohibitions for seven plastics. The Commission decided that these plastics with...more

CPSC Recall Snapshot – Recall Effectiveness

by Alston & Bird on

Welcome to the August edition of the Alston & Bird CPSC Recall Snapshot. Last month, the CPSC held a Recall Effectiveness Workshop, which was organized to allow the CPSC staff and industry stakeholders to discuss the CPSC...more

Impact of the FOIA Amendments on your Company

by Miles & Stockbridge P.C. on

For those of you who have received a Freedom of Information Act (“FOIA”) notice from the U.S. Consumer Product Safety Commission (“CPSC” or “Commission”) within the past year, you may – or worse, may not – have noticed new...more

Trump Nominates Buerkle as Permanent CPSC Chair

On July 24, 2017, the White House announced President Trump’s intent to nominate Ann Marie Buerkle (R-NY) as the next Chairman of the Consumer Product Safety Commission (CPSC) for a seven year term beginning October 27, 2018....more

Shift In CPSC Leadership Means More Changes To Come

by Morrison & Foerster LLP on

At the midpoint of 2017, we look back on the U.S. Consumer Product Safety Commission’s activity under the new administration, including how recalls and penalties stack up against previous years, new focal points for safety...more

President Trump Nominates Acting Chairman Ann Marie Buerkle as Permanent Chairman of the CPSC

Today, President Donald Trump officially announced his intent to nominate Acting Chairman Ann Marie Buerkle to be the permanent Chairman of the U.S. Consumer Product Safety Commission. Her new seven year term will begin on...more

Popular ATVs Going Up in Flames

by Howard Ankin on

Popular all-terrain vehicles (ATVs) and recreational off-highway vehicles (ROVs) manufactured by Polaris Industries are putting riders at risk for serious injuries and even death. Although the company has recently issued a...more

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