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
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
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
Food and beverage companies may be surprised to learn that the U.S. Food and Drug Administration (“FDA”) is not the exclusive regulatory authority over the safety of foods and beverages. Indeed, other governmental authorities...more
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
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
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
On June 25, 2021, the Consumer Product Safety Commission’s (CPSC) new standard addressing the flammability of upholstered furniture went into effect.1 The rule adopts California Technical Bulletin 117-2013—applicable to...more
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
With the results of Election Day in focus, the transition to a new administration will eventually change the face of the U.S. Consumer Product Safety Commission (CPSC) for years to come. Questions persist about the...more
The pandemic has forced many product manufacturers and retailers into uncharted territory. As COVID-19 progresses throughout the United States, it is affecting everything from the workforce, to supply chains, to even the...more
Welcome to the December edition of the Alston & Bird CPSC Recall Snapshot. The CPSC has come under scrutiny this year by some who feel it did not appropriately handle complaints about certain consumer products, prompting...more
Welcome to the November edition of the Alston & Bird CPSC Recall Snapshot. Earlier this month, the CPSC Office of the General Counsel presented the commission with a draft supplemental notice of proposed rulemaking to...more
Welcome to the October edition of the Alston & Bird CPSC Recall Snapshot. Effective October 1, 2019, Commissioner Bob Adler became the acting chairman of the U.S. Consumer Product Safety Commission. He was elected by...more
Welcome to the July edition of the Alston & Bird CPSC Recall Snapshot. The CPSC’s mandatory federal high chair safety standard took effect in June. The rule was unanimously approved by the CPSC in 2018 and became effective...more
Welcome to the June edition of the Alston & Bird CPSC Recall Snapshot. In May, the CPSC held its public hearing on the commission’s agenda and priorities for Fiscal years 2020–2021. ...more
The conventional advice to manufacturers and retailers of consumer products when assessing a potential product safety issue is typically as follows: “When in doubt, report.” And while it is still generally good advice to err...more
Welcome to the May edition of the Alston & Bird CPSC Recall Snapshot. The CPSC was in the spotlight in April. Earlier in the month, the U.S. House Consumer Protection and Commerce Subcommittee conducted a hearing on CPSC...more
A number of retailers and manufacturers have recently received notices from the U.S. Consumer Product Safety Commission concerning a possible data breach. The CPSC’s letter advises recipients of an unauthorized release of...more
Now in its fifth week, the partial government shutdown has left many companies wondering what to do about recalls for consumer products. Generally, consumer product companies work in coordination with the U.S. Consumer...more
Welcome to the July edition of the Alston & Bird CPSC Recall Snapshot. Following the confirmation of Dana Baiocco as a commissioner of the CPSC on May 22, 2018, President Trump nominated Peter Feldman to fill the...more
Welcome to the June edition of the Alston & Bird CPSC Recall Snapshot. The U.S. Senate confirmed Dana Baiocco as a commissioner of the CPSC on May 22, 2018. President Trump originally nominated Baiocco on September 21,...more
Welcome to the May edition of the Alston & Bird CPSC Recall Snapshot. Earlier this month, the CPSC joined its counterparts at the Federal Consumer Protection Agency of Mexico (PROFECO) and Health Canada in attending the...more
On Friday, February 16, the U.S. Consumer Product Safety Commission (“CPSC”) announced that it had voted 3-1 (along party lines) to authorize CPSC staff to file an administrative complaint against Britax Child Safety, Inc.,...more
Welcome to the November edition of the Alston & Bird CPSC Recall Snapshot. The CPSC again saw multiple noteworthy events occur in October. On October 26, 2017, the CPSC issued a final decision and order on Zen Magnets and...more