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Nathan Cardon

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CPSC Releases Revised Draft Age Appropriate Guidelines for Consumer Products

Posted in Product Safety, Regulations
The U.S. Consumer Product Safety Commission (CPSC) announced potential changes to its 2002 Age Determination Guidelines Relating Children’s Ages to Toy Characteristics and Play Behavior (2002 Guidelines). The new draft guidance, titled Guidelines for Determining Age Appropriateness of Toys (Draft 2018 Guidelines), “addresses toys that have come onto the market since the last update and… Continue Reading

CPSC Sues to Force Jogging-Stroller Recall

Posted in Product Safety
The U.S. Consumer Product Safety Commission’s (CPSC) first lawsuit of 2018 is against the maker of popular lines of jogging strollers, Britax Child Safety, Inc. The complaint, to be heard in administrative proceedings, concern’s Britax’s B.O.B. jogging strollers. The company and its 2011 merger partner, B.O.B. Trailers, Inc., have been importing and distributing the strollers… Continue Reading

Online Talent Company Settles with FTC Over Alleged COPPA Violations

Posted in Data Security, Privacy
Online talent search company Explore Talent just landed in the spotlight of the Federal Trade Commission (FTC). The Vegas-based company was charged with violating the Children’s Online Privacy Protection Act (COPPA), which requires that companies collecting information online must obtain informed, verifiable parental consent before collecting any information from a child under 13. The company… Continue Reading

European Court of Justice Throws Out Class Action in Latest Schrems Battle

Posted in Data Security, Privacy
In the latest round of the ongoing battle between Austrian privacy activist Max Schrems and Facebook, the European Court of Justice (CJEU) ruled that Schrems did not have standing to bring claims on behalf of Austrian consumers over Facebook’s alleged violations of users’ privacy rights. The court did, however, allow for Schrems to continue with… Continue Reading

Senate Bill Would Give FTC Enforcement Power Over Credit Bureaus

Posted in Data Security
In response to the Equifax data breach last September, when hackers gained access to the personal information of 143 million consumers, Senators Elizabeth Warren (D-MA) and Mark Warner (D-VA) have introduced a bill, The Data Breach Prevention and Compensation Act of 2018, that would ultimately impose security obligations on credit reporting agencies (CRAs).  The bill… Continue Reading

CPSC Nominations Update

Posted in Product Safety, Regulations
President Trump resubmitted the nominations of Ann Marie Buerkle as chair and a second term as commissioner, and Dana Baiocco as commissioner (replacing Marietta Robinson (D)) of the Consumer Product Safety Commission (CPSC). The Senate received the nominations on January 8, 2018. On December 21, 2017, the United States Senate returned some 120 nominations to… Continue Reading

FTC and FCC Enter into MOU For Broadband Enforcement

Posted in Uncategorized
In furtherance of the Restoring Internet Freedom Order that was adopted by the Federal Communications Commission (FCC) on December 14, 2017, the Federal Trade Commission (FTC) and FCC have entered into a Memorandum of Understanding (MOU) that lays out how the agencies will coordinate consumer protection efforts and manage enforcement actions. The MOU will take… Continue Reading

Sears Seeks to Modify FTC Order on Online Tracking

Posted in Cybersecurity
In 2009, Sears Holding Management settled with the Federal Trade Commission (FTC) over allegations that the company’s online tracking activity exceeded what they told consumers. Now, Sears has submitted a petition requesting that the FTC reopen and modify its settlement order, arguing that changing technology since 2009 has made the order’s definition of “tracking applications”… Continue Reading

California Legislature Passes Cleaning Product Right to Know Act

Posted in Product Safety
The California legislature passed the Cleaning Product Right to Know Act 2017 (SB 258) (the CPRTK Act), which was presented to Governor Jerry Brown on September 19, 2017, after the legislative session adjourned on September 15, 2017. Governor Brown now has until October 15, 2017, to sign or veto the bill. The Act requires manufacturers… Continue Reading

FDA Issues Final Guidance on Interoperable Medical Devices

Posted in Connected Products, Product Safety
The U.S. Food and Drug Administration (FDA) finalized its recommendations on September 6, 2017 on how to secure interoperable medical devices’ interactions with other devices and information systems. The FDA’s initial guidance, drafted in January 2016, was designed to help manufacturers develop safe, secure information exchange systems in connected medical devices. The updated guidance incorporates… Continue Reading

Trump Administration Sets Stage for Republican Majority at CPSC

Posted in Product Safety, Regulations
Having previously nominated Acting Chairman Ann Marie Buerkle to serve as the permanent chair, and with Senate Commerce Committee hearings held on her confirmation on September 27, 2017, President Trump has nominated lawyer Dana Baiocco to serve a commissioner on the U.S. Consumer Product Safety Commission (CPSC). Baiocco would serve for a standard 7-year term… Continue Reading

FTC Streamlines its Fur, Textile and Wool Labeling Filing Process

Posted in Labeling, Regulations
Continuing Acting Chair Maureen K. Ohlhausen’s regulatory reform agenda, the Federal Trade Commission (FTC) has updated its website at  RN.FTC.GOV to allow real-time electronic filings of requests to obtain, update, or cancel registered identification numbers (RN) under the Fur, Textile and Wool Labeling Rules. The new web-based process is intended to streamline applications from businesses… Continue Reading

First FTC Complaint Against Social Media Influencers Settles

Posted in Regulations
When two celebrity gamers endorsed an online lotto service, they didn’t gamble on the Federal Trade Commission’s (FTC) insistence they tell their fans they actually owned the business they were promoting. Now, Trevor Martin and Thomas Cassell, and their company, CSGO Lotto, Inc., have settled charges of deceptive advertising. This is the first case the… Continue Reading

Dietary Supplement Company and its Endorsers Settle with FTC Over Deceptive Marketing Claims

Posted in Advertising
Remember those ads from the 80s where an actor would start a medicine endorsement with the disclaimer: “I’m not a doctor, but I play one on TV”? A recent Federal Trade Commission (FTC) settlement order relating to the marketing of the dietary supplements CogniPrin and FlexiPrin is a good reminder about the importance of using… Continue Reading

FTC Green Lights TRUSTe’s Proposed Safe Harbor Program Modifications

Posted in Data Security
The Federal Trade Commission (FTC) has approved changes TRUSTe proposed to its safe harbor program several months ago under the Children’s Online Privacy Protection Act (COPPA) Rule. The approved modifications include a new requirement that program participants conduct an annual internal assessment of third-parties’ collection of personal information from children on their websites or online… Continue Reading

Cybersecurity Update

Posted in Cybersecurity
As connected products are increasingly integrated into everyday life, measures to address the security of Internet of Things (IoT) devices continue to evolve. Some of the latest initiatives include the following. NTIA issues guidance on cybersecurity communications Last month, as part of an ongoing multi-stakeholder initiative, a working group of the National Telecommunications and Information Administration (NTIA) issued guidance… Continue Reading

Internal Reforms Announced for FTC’s Bureau of Consumer Protection

Posted in Privacy
The Federal Trade Commission’s Bureau of Consumer Protection is about to undergo reform, according to FTC Acting Chairman Maureen Ohlhausen. In a press release issued on July 17, the FTC stated that the changes are part of an ongoing initiative to simplify information requests and improve transparency that began last April, when Ohlhausen announced new… Continue Reading

Regulatory Reforms Afoot at the FTC: Now’s Your Chance to Weigh in

Posted in Regulations
As part of Acting Chair Maureen K. Ohlhausen’s regulatory reform initiative, the Federal Trade Commission (FTC) is asking for the public’s input on the Picture Tube, Textile, Energy Labeling, and CAN-SPAM Rules. The comments will inform the Commission’s decision on whether to update these rules. The Textile Rule obliges marketers of textiles to label their goods properly… Continue Reading

What’s Happening at the CPSC

Posted in Product Safety
Acting Consumer Product Safety Commission (CPSC) Chair Ann-Marie Buerkle recently released an update regarding CPSC’s current projects, some of which involve stakeholder participation. Mid-Year Adjustments The Commission has approved its FY 2017 Mid-Year Review and Proposed Operations Plan Adjustments. Top priority has been given a project concerning improving the safety of lithium ion batteries. In addition,… Continue Reading

11 States Sue Department of Energy over Inaction on Efficiency Standards

Posted in Uncategorized
Eleven states, led by New York Attorney General Eric Schneiderman and California Attorney General Xavier Becerra, and including the city of New York, a Pennsylvania regulator, and three nonprofit groups, have jointly filed suit in federal court to sue the Department of Energy (DOE). The lawsuit seeks to compel implementation of new and updated energy efficiency standards for air… Continue Reading

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
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