Sheila Millar and Boaz Green discuss CPSC’s activities in 2018 and give their predictions on possible agency actions in the coming year in the Law360 article “CPSC Is Shifting Toward Voluntary Standards” (Feb. 6). Law360 featured the article in its newsletter sections for Consumer Protection, Cybersecurity, and Product Safety. To read the full article, click… Continue Reading
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White House Re-nominates Ann Marie Buerkle for Chair and Commissioner
Posted in Product SafetyOn January 16, 2019, the White House re-nominated Consumer Product Safety Commission (CPSC) Acting-Chair Ann Marie Buerkle to be Chairman, and for another seven-year term as Commissioner. Acting Chair Buerkle was first nominated in July of 2017, and re-nominated in January of last year, but the Senate did not act on these nominations. The business… Continue Reading
CPSC Settles with Britax over Allegedly Defective Strollers
Posted in Product SafetyThe U.S. Consumer Product Safety Commission (CPSC) settled an administrative lawsuit against Britax Child Safety, Inc. over claims that some models of their B.O.B. jogging strollers present a substantial product hazard due to an alleged design defect. As we previously reported, the suit was filed in February 2018 after reports that the front wheel of… Continue Reading
Agency Comings and Goings
Posted in Data Security, Privacy, Product SafetyThis week has seen several significant changes at the Commission level at both the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC). CPSC After several months of stasis, the Senate voted to confirm Peter Feldman as a Commissioner on the CPSC, with a term expiring October 26, 2019. Feldman takes the place… Continue Reading
CPSC Releases Revised Draft Age Appropriate Guidelines for Consumer Products
Posted in Product Safety, RegulationsThe 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 The new draft guidance, titled Guidelines for Determining Age Appropriateness of Toys (Draft 2018 Guidelines), “addresses toys that have come onto the market since the last update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 SafetyThe 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
CPSC Nominations Update
Posted in Product Safety, RegulationsPresident 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
Court Rules on Spectrum Challenge to CPSC Civil Penalty Authority
Posted in Product SafetyThe U.S. Consumer Product Safety Commission (CPSC) dispute with Spectrum Brands was resolved in court on September 29, 2017, with both sides able to claim victories of sorts. On the one hand, CPSC was able to obtain a civil penalty for Spectrum’s failure to report and sale of recalled products. On the other, that civil… Continue Reading
Trump Administration Sets Stage for Republican Majority at CPSC
Posted in Product Safety, RegulationsHaving 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
CPSC Issues Safety Warning for LayZBoard Hoverboards
Posted in Product SafetyIt 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 SafetyKawasaki 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, RegulationsIn 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
Elliot Kaye Steps Down as CPSC Chair
Posted in RegulationsIn line with the chairs of other U.S. government agencies and commissions, U.S. Consumer Product Safety Commission (CPSC) Chairman Elliot F. Kaye has resigned his seat as chairman, according to internal sources. Pursuant to the commissioners’ unanimous vote on January 19, 2017, Vice Chair Ann Marie Buerkle assumes the role of Acting Chair until a permanent… Continue Reading
Best Buy Agrees to Pay $3.8 Million for Selling Recalled Products
Posted in Product Safety, RegulationsMega-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
CPSC Obtains Record $15.45 Million Settlement from Dehumidifier Manufacturer
Posted in Product SafetyThe 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 SafetyFor 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, RegulationsMembers 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
CPSC Versus FDA Recalls: What You Need to Know
Posted in Food and Drug, Product Safety, RegulationsSelling 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
Green Chemistry – The State of the States
Posted in Product SafetyFor 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
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