News & Analysis as of

Consumer Product Safety Commission (CPSC)

CPSC Issues Final Rule Expanding Phthalate Ban

Nearly ten years after the first three phthalates were banned from children’s toys by Congress, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule on October 27 prohibiting five more. The rule bans the...more

CPSC Recall Snapshot - CPSC Phthalate Ban and More on the Earth Magnet Saga

by Alston & Bird on

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

Kidde Fire Extinguishers Recalled: Check Your Household/Consumer Fire Extinguishers!

by Varnum LLP on

A major manufacturer of fire extinguishers has issued a recall after hundreds of reports of failed or limited fire extinguisher activation and at least one death, in which emergency responders could not get the recalled fire...more

CPSC Final Rule Prohibits Children’s Toys and Child Care Articles that Contain Specified Phthalates, Removes Interim Prohibition...

by Bergeson & Campbell, P.C. on

On October 27, 2017, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule prohibiting children’s toys and child care articles that contain specified phthalates. The rule caps off almost a decade of effort...more

Dressers Recalled Due to Child Injury Risks

by The Rothenberg Law Firm LLP on

More than One Million Dressers Recalled Because of Tipping and Entrapment Dangers - If you have a young child in your house, it is important to stay up-to-date on furniture recalls and dangerous products. Many furniture...more

CPSC Recall Snapshot - New Commissioners and Court-Ordered Judgment for Late Reporting

by Alston & Bird on

Welcome to the October edition of the Alston & Bird CPSC Recall Snapshot. There have been several recent noteworthy events involving the CPSC. In September, President Trump announced his intent to nominate Dana Baiocco, a...more

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

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