Starting January 1, 2026, retailers of covered battery-embedded (CBE) products in California must charge consumers a CBE Waste Recycling Fee at point of purchase or cover the costs of the fee themselves. Per regulations finalized last week, the fee will be 1.5% (capped at $15) of the retail sales price of a CBE product. Proposed
Is Your Business Prepared for CPSC eFiling?
The July 8, 2026, effective date for the U.S. Consumer Product Safety Commission’s (CPSC or Commission) electronic filing (eFiling) requirements is fast approaching. As we previously discussed, last December, CPSC approved a Final Rule to implement mandatory eFiling of certificates of compliance (CoC) for imported consumer products that are subject to a CPSC rule
JBS USA Settles NY AG “Net Zero” Challenge as NGO False Ad Litigation Continues and California Climate Reporting Deadlines Loom
On November 3, 2025, the New York Attorney General announced a $1.1 million settlement with the U.S. subsidiary of the world’s largest beef producer, ending the state’s lawsuit accusing the company of misleading the public about its environmental practices and sustainability commitments. The complaint, filed in February 2024 in New York state court, alleged
State Kids’ Privacy Laws Proliferate Despite Legal Challenges
State legislatures have continued to enact privacy laws aimed at protecting kids and teens despite significant—and often successful—legal challenges that largely focus on First Amendment flaws. Some laws have recently gone into effect, or will become effective soon, while others are not slated to take effect until 2027. The Children’s Online Privacy Protection Act (COPPA)
Trump Nominates New CPSC Commissioner
On October 2, 2025, after the federal government shut down, the Senate received President Trump’s nomination for a new commissioner at the Consumer Product Safety Commission (CPSC or Commission)—William “Billy” Hewes III, former mayor of Gulfport, Mississippi. This recent nomination came as a surprise, since for the last few months, it was not clear if
UPDATE: Supreme Court to Revisit Humphrey’s Executor in December; Reinstatement of Former FTC Commissioner Slaughter Stayed Pending the Supreme Court’s Review
The latest development in the ongoing legal saga regarding the scope of presidential authority to fire officials at various independent federal agencies occurred on September 22, 2025, when the Supreme Court of the United States (SCOTUS or the Court) granted a stay of the reinstatement of Rebecca Slaughter, a former commissioner at the Federal Trade
SCOTUS Stays Federal Appeals Court Order Reinstating Fired FTC Commissioner; Fourth Circuit Oral Argument on CPSC Firings Tentatively Scheduled
On September 8, 2025, once again, the question of the President’s authority to terminate, without cause, commissioners of independent agencies, was examined in federal court and appealed to the Supreme Court, and once again, the Supreme Court of the United States (SCOTUS) overruled the court of appeals and granted a temporary stay of that court’s
And Then There Was One…CPSC Continues Operations with One Commissioner
It has been a turbulent time at the Consumer Product Safety Commission (CPSC or Commission), with several months of legal battles over President Trump’s termination, without cause, of the three Democratic commissioners, Alexander Hoehn-Saric, Mary Boyle, and Richard Trumka. As we previously discussed here, the commissioners were fired in May 2025 and then reinstated
Supreme Court Stays Reinstatement of CPSC Democratic Commissioners
The U.S. Supreme Court gave a strong signal that it will likely overturn Humphrey’s Executor v. United States, a 90-year-old case which held that Congress may restrict the President’s authority to terminate officials at independent federal agencies without cause.
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Washington State Solicits Comments on Proposed PFAS Restrictions for Apparel and Cleaning Products
On July 20, 2025, the public comment period will close on Washington state’s most recent round of proposed regulations affecting 12 categories of “consumer products” with intentionally added per- and polyfluoroalkyl substances (PFAS). If the proposed regulations are adopted, the manufacture, sale, or distribution of three categories of products— “apparel and accessories,” “cleaning products,” and