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Consumer Product Safety Commission (CPSC) Product Defects

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

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

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

Mintz

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

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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

Goodwin

DOJ Seeks 10-Year Prison Sentences in First Consumer Product Safety Conviction

Goodwin on

This month, the government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers. This comes after the two were found guilty of conspiracy to...more

Morrison & Foerster LLP

CPSC Hearing on 2025 and 2026 Agenda and Priorities

The U.S. Consumer Product Safety Commission (CPSC or the “Commission”) has scheduled a public hearing on May 8, 2024, to hear stakeholders’ views on the Commission’s priorities for fiscal years 2025 and 2026. This annual...more

Morrison & Foerster LLP

CPSC at ICPHSO: Reese’s Law and Mandatory eFiling Requirement

In this final installment of our series (see part 1, part 2, and part 3) discussing CPSC’s presence at the 2024 International Consumer Product Health and Safety Organization’s annual symposium, we present two smaller, but...more

Venable LLP

Product Safety and Recalls: An Excerpt from the Advertising Law Tool Kit

Venable LLP on

Join us over the next few months as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate their organization’s legal risk....more

Cooley LLP

The Jury Has Spoken: Two Executives Convicted in Groundbreaking Consumer Product Safety Prosecution

Cooley LLP on

In November 2023, a jury convicted two corporate executives of conspiracy and failure to report information about defective residential dehumidifiers as required by the Consumer Product Safety Act (CPSA). The jury verdict is...more

White and Williams LLP

Whirlpool Agrees to Pay $11.5 Million Civil Penalty

White and Williams LLP on

The Consumer Product Safety Commission (CPSC) recently announced that Whirlpool Corporation agreed to pay an $11,500,000 civil penalty associated with the CPSC’s charges that Whirlpool knowingly failed to immediately report...more

Stinson LLP

Consumer Product Recalls on the Rise: Important Compliance Reminders for Consumer Products Manufacturers and Sellers

Stinson LLP on

Data from U.S. Consumer Products Safety Commission (CPSC) shows that more consumer products are being recalled now than they have been in recent years. The U.S. PIRG Education Fund published a report on February 2, 2023...more

Foley & Lardner LLP

CPSC Focuses On Child Safety in the Home

Foley & Lardner LLP on

The Consumer Product Safety Commission (CPSC) has long focused on consumer products that pose unique risks to children, especially products in the home like clothing storage and window coverings; this emphasis has only...more

Womble Bond Dickinson

Peloton Pays CPSC $19 Million for Failure to Report and Reselling Recalled Products

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As 2022 came to a close, the U.S. Consumer Product Safety Commission (CPSC) had one last order of business. On December 28, 2022, the CPSC provisionally accepted a settlement agreement with Peloton Interactive, Inc....more

Harris Beach PLLC

Consumer Product Safety Commission Penalizes Peloton for Reporting and Safety Failure

Harris Beach PLLC on

On January 5, 2023, the Consumer Product Safety Commission (CPSC) reported Peloton agreed to pay a $19,065,000 civil penalty as a settlement regarding its Tread+ treadmill, approximately a year and a half after the CPSC and...more

JUSTICENTER

Dangerous Toys: Consumer Product Injury Laws

JUSTICENTER on

With the holiday season upon us, kids will likely receive toys as gifts in the coming weeks. While the end of the year is a time for celebration, you must be cautious with all toys given to your children. Federal and...more

Morgan Lewis

CPSC to Industry: Get Ready for More – More Penalties, More Litigation, More Regulation

Morgan Lewis on

The US Consumer Product Safety Commission (CPSC) will take a hard and fast approach to product safety in FY23, according to its recently passed operating plan, with enforcement being at the top of its priority list....more

Harris Beach PLLC

Safe Sleep for Babies Act Prohibits Inclined Sleepers and Crib Bumpers

Harris Beach PLLC on

On May 16, President Biden signed the Safe Sleep for Babies Act into law, less than two weeks after being passed by Congress. The Act addresses the controversy around inclined sleepers and crib bumpers for infants by banning...more

Kelley Drye & Warren LLP

Recent CPSC Lawsuits Could Have Significant Ramifications for Platforms and for Companies Relying on Third Parties for Product...

Over the course of about a week, the CPSC, an agency that rarely litigates, flexed its litigation muscles not once, but twice, recently filing complaints against Amazon and Thyssenkrupp Access Corp., seeking to force both...more

Hogan Lovells

International Products Law Review

Hogan Lovells on

New Sustainable Batteries Regulation: Reflections from our Global Products Law team Following the closure of the European Commission’s recent consultation period, the European Parliament and Council are set to consider a...more

Wiley Rein LLP

Peloton Recall Highlights Rise in Consumer Product Injuries During COVID-19 Pandemic

Wiley Rein LLP on

Last week, the fitness tech firm Peloton Interactive, Inc (Peloton) announced voluntary recalls of two treadmill machines. Peloton’s announcement, and a corresponding announcement by the U.S. Consumer Product Safety...more

Wilson Sonsini Goodrich & Rosati

Are Online Marketplaces Liable for Product Defects? California Says Yes

As companies increasingly open and support online marketplaces for third parties to sell goods and products, the question has arisen as to what happens when one of those products is defective. Who is liable for any harm the...more

Faegre Drinker Biddle & Reath LLP

CPSC’s Expanding Role under the Biden Administration

During the Trump administration, the number of consumer product safety recalls fell for three years in a row. When Robert Adler became Acting Chair of the U.S. Consumer Product Safety Commission (CPSC) in 2019, he compared...more

Mintz - Consumer Product Safety Viewpoints

Exercise Equipment Manufacturer, Cybex, Hit with $8 Million Civil Penalty for Late Reporting Demonstrates Aggressive CPSC...

In early January, after referral by the CPSC to the Department of Justice (and probably the subject of an Acting Chair Adler public comment), fire extinguisher manufacturer Kidde reached a settlement with the government to...more

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