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Category Archives: Product Safety

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CPSC Issues Safety Warning for LayZBoard Hoverboards

Posted in Product Safety
It is no secret that hoverboards – two-wheeled, battery-powered, self-balancing scooters – have proved enormously popular with kids and teenagers. But allegations regarding defective battery packs have triggered recalls. The latest hoverboard incident was associated with a fatal fire in Harrisburg, Pennsylvania last March. The U.S. Consumer Product Safety Commission (CPSC) started an investigation into… Continue Reading

Kawasaki Settles with CSPC for $5.2 Million for Alleged Failure to Report Defects

Posted in Product Safety
Kawasaki Heavy Industries, Ltd., of Japan; Kawasaki Motors Corp., U.S.A., of Foothill Ranch, California; and Kawasaki Motors Manufacturing Corp., U.S.A., of Lincoln, Nebraska, agreed to pay a $5.2 million civil penalty over allegations that Kawasaki failed to report floorboards cracking during normal operation of various Teryx4 recreational off-highway vehicles (ROVs) during two separate periods, which… Continue Reading

CPSC Staff Recommends Rejecting Organohalogen Petition

Posted in Product Safety, Regulations
In 2015, a group of non-government organizations (NGOs) filed a petition with the U.S. Consumer Product Safety Commission (CPSC), asking CPSC to categorically ban additive organohalogen flame retardants (OFRs) from the market in the U.S. in many significant consumer product categories. OFRs include a very broad set of diverse chemical compounds added to consumer products to… Continue Reading

California Department of Toxic Substances Control Releases Draft Alternatives Analysis Guide

Posted in Product Safety
On December 12, 2016, the California Department of Toxic Substances Control (DTSC) released a draft Alternatives Analysis (AA) Guide under the state’s green chemistry program, Safer Consumer Products (SCP). Under the SCP program, product designers and manufacturers are encouraged to reduce or eliminate the use of certain targeted chemicals in their products, and the Guide… Continue Reading

Best Buy Agrees to Pay $3.8 Million for Selling Recalled Products

Posted in Product Safety, Regulations
Mega-retailer Best Buy agreed to pay $3.8 million to settle allegations that the company distributed and sold recalled products, a violation of the Consumer Product Safety Act (CPSA) after the 2008 amendments. U.S. Consumer Product Safety Commission (CPSC) staff alleged that the retailer sold more than 600 recalled units, including over 400 Canon cameras, to… Continue Reading

California Adds Styrene to Proposition 65 List; Proposes NSRL

Posted in Product Safety, Regulations, Uncategorized
On April 22, 2016, California’s Office of Environmental Health Hazard Assessment (OEHHA) added styrene to the Proposition 65 list of carcinogens. OEHHA maintains a list of chemicals required under Proposition 65 (formally, the California Safe Drinking Water and Toxic Enforcement Act) that are “known to the state” to be reproductive toxicants or carcinogens based on… Continue Reading

CPSC Obtains Record $15.45 Million Settlement from Dehumidifier Manufacturer

Posted in Product Safety
The U.S. Consumer Product Safety Commission (CPSC) today announced that it had obtained a record $15,450,000 settlement of civil penalty liability from three Gree Electric entities (Gree Electric Appliances, Inc., of Zhuhai; Hong Kong Gree Electric Appliances Sales Co., Ltd.; and Gree USA Sales, Ltd.) (collectively, Gree). (The settlement is provisional until after the public… Continue Reading

CPSC May Get New Authority Over Liquid Nicotine Containers for E-Cigarettes

Posted in Food and Drug, Product Safety
For all of you who know the U.S. Consumer Product Safety Commission (CPSC), you know that the agency distinctly does not have authority over tobacco or tobacco products. This arguably wasn’t always the case. Early on, the American Public Health Association petitioned the CPSC to regulate cigarettes containing more than 21 mg of tar. When the… Continue Reading

CPSC Staff Appear Set to Get Vote on Voluntary Standards

Posted in Product Safety, Regulations
Members of the U.S. Consumer Product Safety Commission (CPSC) are set to vote on a final rule to allow the staff not only to participate on the committees that develop voluntary standards, but to vote as members of the committees and even lead them (provided the Executive Director gives prior approval). If the Commission approves… Continue Reading

Vermont Chemical Reporting Rule Moves Forward, but with Delay

Posted in Product Safety, Regulations
The Vermont Department of Health won approval for its new, burdensome children’s product green chemistry reporting program from the state’s Legislative Committee on Administrative Rules on November 19, 2015. The final version of the Toxic Substances in Children’s Products Rule took effect on December 10, 2015, and follows from the state’s 2014 green chemistry bill,… Continue Reading

Vermont Department Issues Final Proposal on Children’s Product Chemical Disclosure

Posted in Product Safety, Regulations
The Vermont Department of Health has released the final proposed version of its Toxic Substances in Children’s Products Rule (although it is not yet available on the Department’s website) adopted under state’s 2014 green chemistry law, Act 188. The rule, largely unchanged from the proposal, is now scheduled to go before the state’s Legislative Committee… Continue Reading

CPSC Versus FDA Recalls: What You Need to Know

Posted in Food and Drug, Product Safety, Regulations
Selling to consumers is generally a beneficial enterprise for all involved, but occasionally businesses will need to recall products, for a myriad of reasons. When that happens, different sets of rules apply depending on the type of product that is impacted. If your product falls under the U.S. Consumer Product Safety Commission’s (CPSC) jurisdiction, one… Continue Reading

Vermont Proposes SKU-Level Reporting in GreenChem Rulemaking

Posted in Product Safety
For everyone concerned about the expanding burden of green chemistry reporting, here’s something that will really make your hair – and bankbook – stand on end: Vermont is proposing to implement the green chemistry law adopted last year by mandating SKU-level reporting.  Yes, you read that correctly.  (Read the proposed rule here.)  The impact is… Continue Reading

Industry Victory in Prop 65 Appeal: Exposure Averaging Upheld

Posted in Food and Drug, Litigation, Product Safety
A California appeals court has affirmed a trial court ruling that averaging exposure to reproductive toxicants over a relevant “window of susceptability” time period specific to the chemical, and across product lots, was appropriate in a Proposition 65 case involving lead in baby and toddler  foods.  Environmental Law Foundation v. Beech-Nut Corp., (A129831, Alameda County… Continue Reading

Green Chemistry – The State of the States

Posted in Product Safety
For the consumer products industry, there is little question that state green chemistry laws are becoming increasingly complex and challenging. Laws are in place from California to Maine, and proposals are bubbling up around the country. States as diverse as Connecticut, New York, Florida, Oregon, and even Mississippi are considering their own green chemistry laws.… Continue Reading

Tips for Preventing Privacy and Data Breach Suits

Posted in Privacy, Product Safety
As we discussed in the Privacy Class Action Claims on the Rise post from December 17, 2014, the number of privacy class action claims is trending upwards, along with all things privacy-related.  Some of the breaches and other big media stories could have been avoided, while others were unavoidable for the businesses at issue.  Either… Continue Reading

Not-So-Voluntary Standards? SCOTUS Considers Constitutional Concerns About Key Regulatory Tool, Public-Private Development Process

Posted in Product Safety
The Supreme Court heard a case earlier this month that could have a big impact on businesses in many areas regulated by federal agencies that use voluntary standards. In U.S. Department of Transportation v. Association of American Railroads, the Supreme Court is considering a D.C. Circuit decision that invalidated a law that gives Amtrak a… Continue Reading
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