Category Archives: Consumer Product Safety

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CPSC Requests Feedback to Reduce Compliance Burdens

Have ideas to lighten the load for complying with consumer product safety regulations? The Consumer Product Safety Commission (“CPSC” or “Commission”) wants to hear about them.  The Commission has asked for comments and suggestions for ways it could potentially reduce burdens and costs of its existing rules, regulations or practices without harming consumers. CPSC requests … Continue Reading

CPSC Acting Chairman Ann Marie Buerkle Emphasizes Collaboration, Balance, and Education

Acting Chairman of the Consumer Product Safety Commission (“CPSC”) Ann Marie Buerkle highlighted her priorities and recent noteworthy developments in a recent newsletter.  She emphasized her desire to collaborate with stakeholders, to take a “balanced and reasonable approach” to regulation when data justifies rulemaking, and to use information campaigns to educate consumers and industry. She shared … Continue Reading

Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments – 3/29/2017

Register Now for Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments, the latest in our 2017 Advertising and Privacy Law Webinar Series With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to … Continue Reading

Chairman Kaye Steps Down as CPSC Chair; Republican Buerkle Assumes Role of Acting Chair

Late Wednesday evening, Democrat Elliot Kaye resigned as chair of the Consumer Product Safety Commission.  Republican Commissioner Ann Marie Buerkle has assumed the position of Acting Chair until a new chair is appointed by the President and confirmed by the Senate.  Kaye will remain on the CPSC as a commissioner, with a term set to … Continue Reading

CPSC Commissioner Ann Marie Buerkle Elected Vice Chair; CPSC under Regulatory Freeze

On January 19, 2017, Commissioners at the Consumer Product Safety Commission elected Commissioner Ann Marie Buerkle to be the next vice chair.  Commissioner Buerkle was appointed to the agency by President Obama in May 2013 with a term expiring in October 2018.   As vice chair, Buerkle would become acting CPSC chair if that position is … Continue Reading

Announcing the Advertising and Privacy Law Webinar Series

Please join Kelley Drye in 2017 for the Advertising and Privacy Law Webinar Series. Like our annual in-person event, this series will provide engaging speakers with extensive experience and knowledge in the fields of advertising, privacy, and consumer protection. These webinars will give key updates and provide practical tips to address issues faced by counsel. … Continue Reading

CPSC Issues Guidance to Encourage the Disclosure of Relevant Consumer Product Safety Information in Private Litigation

On November 29, 2016, the Consumer Product Safety Commission (CPSC) published guidance for private litigants when drafting protective orders, confidentiality agreements, and settlement agreements in litigation related to consumer products within the CPSC’s jurisdiction.  The guidance encourages parties to include a provision in their protective order or settlement agreement that allows for disclosure of relevant … Continue Reading

Protected: 2016 Advertising and Privacy Law Summit Attendee Follow up

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Australian Court Imposes $3 Million Penalty for Product Safety Violations

Earlier this month, the Australian Competition & Consumer Commission (ACCC) reminded businesses that, in February, the Federal Court of Australia ordered Woolworths to pay $3.057 million AUD for several violations of the Competition and Consumer Act 2010 (CCA). Specifically, the court found that Woolworths: Over the course of three years, made false or misleading representations about the safety … Continue Reading

CPSC Maxes Out and Obtains Record $15.45 Million Civil Penalty

Good Friday was not so good for Gree Electric Appliances, Inc., because the CPSC announced that it had reached a record-setting $15.45 million settlement with the company regarding dehumidifiers it manufactured and imported.  The CPSC alleged that the company delayed in reporting potential safety hazards, which is typical for CPSC civil penalty actions, but also … Continue Reading

CPSC Representatives Lay Out Active Agenda

At the International Consumer Product Health and Safety Organization (ICPHSO) conference in D.C. last week, Chairman Elliot Kaye and other CPSC representatives raised eyebrows with an active agenda, which included proposed and recent changes to the civil penalty investigation and corrective action plan status quo. Specifically, the agenda includes: Publication of DOJ Referrals – The … Continue Reading

Selling Hoverboards This Holiday Season? Tips To Stay Off The CPSC’s Naughty List

Hoverboards have skyrocketed as a top gift this holiday season, dominating retail shelves and website banners. Many manufacturers make the products, at a range of price points. If your company is selling these Segway-esque self-balancing boards, think closely about potential safety issues. The Consumer Product Safety Commission (“CPSC”) reportedly has initiated an investigation into claims … Continue Reading

Consumer Product Safety Commission Approves Test Program: Electronic Filing of Certificates of Compliance

This week the Consumer Product Safety Commission voted to approve a test program to assess the electronic filing of certificates of compliance at entry in coordination with U.S. Customs and Border Protection.  With the idea of better coordination among partner government agencies to facilitate electronic data collection and sharing of import data, the CPSC endorsed … Continue Reading

Health Canada Releases Guidance for Industry on Its Reporting Obligations

Recently, Health Canada released guidance to help companies understand their reporting obligations under section 14 of the Canada Consumer Product Safety Act, which requires that sellers, distributors, importers, and manufacturers report after becoming aware of any health or safety incident involving a consumer product. Notably, the guidance clarifies (1) what constitutes a reportable “incident,” (2) … Continue Reading

California Bill Would Complicate Labeling Requirements for Children’s Products

California state law bill SB 763 has stayed relatively under the radar since its introduction in February 2015.  However, with recent traction in the state legislature – including passage in the Senate in June and passage in three Assembly Committees in July – this bill is definitely worth a second look. SB 763 would require manufacturers … Continue Reading

Office Depot Agrees to Pay $3.4 Million CPSC Civil Penalty

On May 27th, the Consumer Product Safety Commission (“CPSC”) announced that Office Depot agreed to pay a $3.4 million civil penalty for allegedly failing to report potential safety issues for two models of office chairs. According to the CPSC, Office Depot received 33 reports concerning the Quantum model and 153 concerning the Gibson model, with … Continue Reading

CPSC Bumps Up Litigation Strategies Another Notch

The Consumer Product Safety Commission (“CPSC”) continues its increased willingness to use litigation as a tool when targeted companies disagree with the CPSC’s position, recently initiating two lawsuits seeking civil penalties and injunctive relief.  Both indicate new strategies in litigation. In the first lawsuit, the CPSC and the Department of Justice (“DOJ”) seek a civil … Continue Reading

CPSC Tags Retailer With $2M Civil Penalty and Enhanced Compliance Program for Allegedly Distributing Recalled Products

Retailer superstore Meijer Inc. is on the hook for allegedly distributing recalled consumer products. In a press release dated September 17, 2014, the Consumer Product Safety Commission (“CPSC”) announced the hypermarket operating 24-hour stores and gas stations in various Midwestern states has agreed to settle charges that it knowingly sold and distributed recalled consumer products. … Continue Reading

House Appropriations Amendment Prohibits CPSC from Finalizing Voluntary Recall Proposed Rule; Senate Advances CPSC Nominees to Floor

Yesterday, the U.S. House of Representatives approved the 2015 Financial Services and General Government Appropriations bill, which provides funding for the CPSC but includes an amendment that would prohibit the Commission from using those funds to finalize, implement, or enforce its proposed rule on voluntary recalls. The amendment, which was introduced by Rep. Marsha Blackburn … Continue Reading

CPSC to Hold Workshop on Electronic Filing of Certificates of Compliance

Last week, the CPSC announced that it will be holding a workshop on the electronic filing of certificates of compliance on September 18, 2014. The workshop will discuss the May 2013 proposed amendments to the CPSC’s rule on certificates of compliance, which would require the electronic filing of certificates of compliance for regulated imported consumer … Continue Reading

CPSC Announces $3.1 Million Civil Penalty, Compliance Program for Cinmar

Last Friday, the CPSC announced that it had reached a settlement agreement with Cinmar LLC, resolving allegations that the company knowingly failed to report a defect involving its Frontgate foldaway step ladders. Under the terms of the agreement, Cinmar must pay a $3.1 million civil penalty – the highest in recent years for a single … Continue Reading

CPSC Adds New Obligations for Voluntary Corrective Action Plans

If you’ve ever conducted a Consumer Product Safety Commission (“CPSC”) recall and had to complete the Monthly Progress Report to file with the CPSC, you may have wished that the CPSC also issued a “Progress Report for Dummies” guidance document. Well, they haven’t issued a guidance document, but they have posted a revised form on … Continue Reading
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