News & Analysis as of

Rulemaking Process Consumer Product Safety Commission (CPSC)

Genova Burns LLC

President Trump to Federal Agencies: “I’ve Got This”

Genova Burns LLC on

President Trump’s February 18th Executive Order entitled, “Ensuring Accountability for All Agencies,” represents a sweeping effort to consolidate federal executive branch lawmaking power with the President. The Order’s...more

Mintz

Let's Circle Back (and eFile) after the Holidays

Mintz on

The Consumer Product Safety Commission launched its eFiling Beta Pilot a little over a year ago. Non-pilot participants were invited to participate in voluntary eFiling last summer, and the CPSC extended this stage to October...more

Mintz - ML Strategies

2024 Pre-Election Analysis: Consumer Product Safety

Mintz - ML Strategies on

In this installment of ML Strategies’ Pre-Election Analysis series, we discuss the potential impact the 119th congress and presidential election on consumer product safety. Like other spheres of federal public policy,...more

King & Spalding

Gas Stove Ban Update: Ninth Circuit Says "No" to City of Berkeley Ban on Gas Stoves

King & Spalding on

The gas stove wars continue to heat up. On April 17, 2023, the United States Court of Appeals for the Ninth Circuit took a stand and ruled that the City of Berkeley does not have the authority to prohibit connecting natural...more

Mintz - Consumer Product Safety Viewpoints

Fifth Circuit Finds Flaws in CPSC Rulemaking on Phthalate Limits Highlighting Another Rulemaking Misstep for the Agency

The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal agency, the Consumer Product Safety Commission (the “CPSC”) must follow these...more

Mintz - Consumer Product Safety Viewpoints

CPSC Sued Over Lack of Access to Consensus Standard Incorporated Into CPSC Regulation

An interesting and potentially very important case not only in CPSC world but for thousands of statutes and regulations is pending in a federal court of appeals. On May 18th, a civil rights group filed its opening brief...more

Buchalter

Questions of Impartiality Result in a Finding of Violation of Due Process for Zen Magnets

Buchalter on

On Monday, June 11, 2018, a Colorado District Court Judge tossed a U.S. Consumer Product Safety Commission’s recall order on due process grounds. The Court found that Commissioner Robert Adler’s previous statements showed...more

Mintz - Consumer Product Safety Viewpoints

CPSC’s Zen Magnets Mandatory Recall Reversed: A Mixed District Court Decision Gives Zen Magnets a New Life and the CPSC Favorable...

The consumer product safety community is rarely provided guidance by federal court decisions. On Tuesday, however, Judge R. Brooke Jackson of the Federal District Court for the District of Colorado issued an opinion in the...more

Miles & Stockbridge P.C.

CPSC Initiates Rulemaking to Ban Some Flame Retardants

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

Morrison & Foerster LLP

Definitely Not Zen – Magnets Attract Unprecedented Action from CPSC

The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations. These...more

Mintz - Consumer Product Safety Viewpoints

Congress Erects Hurdle for CPSC’s Recreational Off-Highway Vehicle Rulemaking in 2016 Omnibus Bill

The $1.1 trillion 2016 omnibus spending bill passed by Congress and signed into law by President Obama last week includes many legislative provisions, often called policy “riders,” that will affect a wide array of issues...more

Beveridge & Diamond PC

CPSC Proposes Additional Phthalate Restrictions

The U.S. Consumer Product Safety Commission (CPSC) has published a notice of proposed rulemaking in the Federal Register proposing to make more stringent a federal prohibition on phthalates in many children’s products....more

Mintz - Consumer Product Safety Viewpoints

CPSC Poised to Ban High-Powered Magnet Sets

Although the final rule currently under consideration by the CPSC sets a performance standard for magnet sets, the practical effect of the new safety standard will be a ban on the future sale or distribution of powerful rare...more

Mintz - ML Strategies

Federal Regulatory Agenda Update - June 2014

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Federal regulatory activity is at an all-time high, with more than 3,700 regulations in just the past year. This has caused the Code of Federal Regulations to grow to 238 volumes with nearly 175,000 pages – 4,000 of which...more

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