Manufacturers and distributors of household cleaners and similar chemically-based consumer products sold in Canada should be aware of an uptick in recalls by Health Canada for violations of the labeling requirements of the Consumer Chemicals and Containers Regulations, 2001 (CCCR) under the Canada Consumer Product Safety Act (CCPSA). The CCCR establishes detailed product classification criteria
PFAS in Consumer Products: CPSC Requests Input
Joining a growing number of state and federal agencies, the U.S. Consumer Product Safety Commission (CPSC or Commission) is seeking information on uses of per- and polyfluoroalkyl substances (PFAS) in consumer products. In addition to work it began last year with ASTM International on consumer product standards related to PFAS, the CPSC released a white
Ninth Circuit Affirms State Privacy Law Claims Not Preempted by COPPA
On July 13, 2023, a three-judge Ninth Circuit panel denied Google’s challenge of its earlier decision in Jones v. Google, which held that state privacy law claims in a putative class action are not preempted by the federal Children’s Online Privacy Protection Act (COPPA). The December decision reversed a lower court’s dismissal of the
FTC Hosts Workshop on Recyclable Claims
On May 23, 2023, the U.S. Federal Trade Commission (FTC) held a public workshop to examine recyclable claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop was split into three panels, discussing current trends, consumer perception, and potential updates to the Commission’s current guidance
Generac to Pay $15.8 Million Civil Penalty for Failure to Immediately Report Portable Generator Hazards
On May 3, 2023, the U.S. Consumer Product Safety Commission (CPSC) issued a provisional order with a $15.8 million civil penalty against Wisconsin-based Generac Power Systems, Inc. (Generac) over charges that for more than two years, Generac failed to report serious hazards caused by some of its portable generators. According to the CPSC, from October
CPSC Adopts Mandatory Standard to Prevent Furniture Tip-Overs
On April 19, 2023, the U.S Consumer Product Safety Commission (CPSC or Commission) voted to adopt ASTM F2057-23 as a mandatory safety standard to prevent injuries and deaths of children from the tip-over of freestanding clothing storage units (CSUs). The newly adopted standard supersedes a prior CPSC safety standard for CSUs that was due to
CPSC to Hold Workshop on Beta Testing of eFiling Compliance Data for Imported Consumer Products
In a notice published in the Federal Register on August 8, 2022, U.S. Consumer Product Safety Commission (CPSC) staff announced that the CPSC will hold a workshop on October 13, 2022, to discuss CPSC’s eFiling Program and the Commission’s plans for a joint Beta Pilot Test with U.S. Customs and Border Protection (CBP) (previously
Two Senate Recycling Bills Pass Unanimously
Two recent Senate bills show that Congress is working to improve the nation’s patchwork of recycling laws. On July 28, 2022, the Senate voted unanimously to pass The Recycling Infrastructure and Accessibility Act of 2022 (RIAA) and The Recycling and Composting Accountability Act (RCAA). The first of these directs the U.S. Environmental Protection Agency (EPA)
FTC Brings Right to Repair Complaints Against Three Companies
Following its report to Congress in 2021 on what it characterized as unlawful repair restrictions, Nixing the Fix, the Federal Trade Commission (FTC or Commission) announced that it would prioritize investigations into limits on consumer repair rights pursuant to its authority under the Magnuson-Moss Warranty Act (Warranty Act) and Section 5 of the FTC
FTC Brings First MUSA Rule Complaint Against Battery Manufacturer
In a complaint dated April 12, 2022, the Federal Trade Commission (FTC) brought its first action under the new Made in USA Labeling Rule (the Rule) against Lithionics Battery LLC (Lithionics) and its owner, Steven Tartaglia, for falsely advertising Lithionics’ lithium-ion batteries as USA-made.
According to the FTC’s complaint, from at least 2018 until at