Tag Archives: Consumer Product Safety

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

Settlement Approved in Neutrogena Naturals Class Action

Marketers of natural personal care products will want to take note of a recent nationwide settlement over marketing and advertising for Neutrogena Naturals. Plaintiffs filed suit in the Northern District of California in January of 2012. They alleged that product labels and website advertising for Neutrogena Naturals facial cleansers, body washes, and moisturizers violated California … Continue Reading

Senate Confirms Two New CPSC Commissioners

Late Thursday night, the Senate confirmed President Obama’s two appointments to the Consumer Product Safety Commission (“CPSC” or “Commission”), Marietta S. Robinson and former Representative Ann Marie Buerkle.  The Senate Commerce, Science and Transportation Committee confirmed the women by unanimous consent, without hearings, ensuring that the upcoming departure of Commissioner Nancy Nord will not leave … Continue Reading

White House Nominates New CPSC Commissioner and CPSC Adds Director of Compliance and Field Operations

With a looming departure date for Consumer Product Safety Commission ("CPSC" or "Commission") Commissioner Nancy Nord that would leave the CPSC without a quorum, the Obama Administration announced last week the nomination of former Rep. Ann Marie Buerkle to serve as a Republican Commissioner. During her single term, Congresswoman Buerkle criticized what she described as … Continue Reading

Mandated Compliance Programs as the New Normal? Williams-Sonoma Agrees to $987,000 CPSC Civil Penalty & Comprehensive Compliance Program

The tide continues to rise for Consumer Product Safety Commission (“CPSC”) civil penalties as the Commission announces a $987,000 penalty against Williams-Sonoma, Inc. and the company’s agreement to implement an extensive compliance program. On Monday, the CPSC announced that Williams-Sonoma has agreed to pay the civil penalty to resolve allegations that the company knowingly failed … Continue Reading

A New CPSC Chairman at the End of the Year?

Yesterday Inez Tenenbaum, Chairman of the Consumer Product Safety Commission (“CPSC”), announced at the International Consumer Product Health and Safety Organization’s (“ICPHSO”) annual conference that she will not seek renomination when her term expires in October 2013. She took the position in 2009, and her confirmation brought the Commission to three sitting Commissioners for the … Continue Reading

CPSC Imposes Another Six-Figure Civil Penalty

The Consumer Product Safety Commission ("CPSC") recently announced a settlement with Whalen Furniture Manufacturing, Inc. (d/b/a Bayside Furnishings), resolving allegations that the company failed to file a timely Section 15(b) Report and imposing a $725,000 civil penalty. The penalty demonstrates that the CPSC will be particularly aggressive when it goes to a company to seek … Continue Reading

Round Two: President Obama Renominates Marietta Robinson as CPSC Commissioner

President Obama has (again) nominated Marietta S. Robinson to fill the open Democrat seat at the Consumer Product Safety Commission.  The President nominated her last January, and she had a Senate confirmation hearing, but the Senate took no further steps to confirm her nomination.  The President has not nominated anyone to fill the open Republican … Continue Reading

Three’s Company (or a Crowd)? CPSC Files Lawsuit Against Third Magnet Ball Seller

Earlier this week, the CPSC filed an administrative complaint against Star Networks USA, LLC, the seller of Star Magnicube Magnet Balls and Magnet Cubes. The Commission voted 2-1 to file the complaint, with Commissioner Nord voting against the f. As described in our previous post, the CPSC has already filed three other administrative complaints since July, … Continue Reading

Is CPSC the New “National Nanny?” Agency Files Third Lawsuit In Five Months Against Maker of Nap Nanny

On Wednesday, the CPSC filed an administrative complaint against Baby Matters, LLC, the manufacturer of Nap Nanny and Nap Nanny Chill infant recliners. The CPSC alleges there have been at least five deaths and over 70 additional incidents resulting from the use of the products. The Commission voted 3-0 to file the complaint after discussions … Continue Reading

CPSC Issues Long Awaited Rules on Testing

The CPSC just issued the final rule on testing and certification for children’s products. The final rule, effective February 8, 2013, requires manufacturers, importers, and private labelers to test representative samples of all children’s products to ensure compliance with the applicable safety rule(s). The CPSC voted 2-1 to approve the proposed rule without changes.  Commissioner … Continue Reading

CPSC Announces New General Counsel

On December 3, 2012, the Consumer Product Safety Commission (“CPSC”) Chairman Inez Tenenbaum announced the hiring of former Georgetown University Vice President and General Counsel Stephanie Tsacoumis as new General Counsel for the Commission. The Office of the General Counsel advises and counsels the CPSC Chairman and Commissioners, coordinates rulemaking, and pursues administrative lawsuits and … Continue Reading

Course Set for Higher CPSC Civil Penalties

As the CPSC staff begins to negotiate settlements under new authority granted through the Consumer Product Safety Improvement Act, companies can expect more aggressive positions from the CPSC. Recent consent agreements give insights for the road ahead and turns companies should avoid taking when navigating product safety issues. Manufacturers, importers and sellers of consumer products … Continue Reading

CPSC Issues Revised Recall Handbook and New Guidelines for Reverse Logistics Plans

Yesterday the Consumer Product Safety Commission ("CPSC") announced a revised version of its Recall Handbook and new Guidelines for Retailers and Reverse Logistics Providers ("Reverse Logistics Guidelines").  Although much of the documents’ content reflects existing law and Commission practice, the guidance confirms an increasing focus on new media and on tracking recalled products.  For example, … Continue Reading

HP Agrees to Pay $425,000 CPSC Penalty

Yesterday the Consumer Product Safety Commission ("CPSC") announced that Hewlett-Packard Company has agreed to pay a $425,000 civil penalty to settle allegations that the company failed to report safety issues with its lithium-ion battery pack to the CPSC in a timely manner. Section 15(b) of the Consumer Product Safety Act requires companies to report immediately … Continue Reading

Build-a-Bear Workshop, Inc. Agrees to Pay $600,000 Civil Penalty and to Forego Indemnification

Yesterday the Consumer Product Safety Commission ("CPSC" or "Commission") announced provisional acceptance of a $600,000 civil penalty settlement with Build-a-Bear Workshop, Inc. The agreement resolves CPSC staff allegations that the company failed to report potential safety issues to the Commission in a timely manner pursuant to Section 15(b) of the Consumer Product Safety Act (“CPSA”). … Continue Reading

Third Largest Toy-Related Fine Issued By CPSC: Spin Master Agrees To Pay $1.3 Million Civil Penalty

Yesterday the U.S. Consumer Product Safety Commission (“CPSC”) announced that Spin Master, Inc., agreed to pay a civil penalty of $1.3 million for selling and failing to report that Aqua Dots, a product Spin Master distributed, contained a substance that metabolizes into the “date rape drug” when ingested. Aqua Dots was a craft kit that … Continue Reading

Legislation Passed by Congress in One Day Provides Some Relief from the CPSIA Lead Limits

Who says the Federal Government is in a state of gridlock? While all eyes were focused yesterday on the vote in the U.S. House of Representatives on the debt ceiling deal, the House and Senate both passed a bipartisan bill (H.R. 2715, “A Bill to Provide the Consumer Product Safety Commission with Greater Authority and … Continue Reading

CPSC Announces New Hire as Director of Compliance

The Consumer Product Safety Commission ("CPSC") has hired Andrew Kameros as Assistant Executive Director of Compliance and Field Operation, the office that oversees product safety recalls and plays a significant role in rulemaking and enforcement proceedings.  Prior to joining the CPSC, Mr. Kameros was General Counsel and Director of Compliance at the lobbying firm Cassidy … Continue Reading

Health Canada Issues Guidance Clarifying Canada Consumer Product Safety Act Requirements

On June 20, 2011, the Canada Consumer Product Safety Act (“CCPSA”) became effective, imposing incident reporting, testing, recall, and recordkeeping requirements on entities that manufacture, import, or sell consumer products in Canada. As previously noted, many of Canada’s new requirements may be more stringent than current U.S. consumer product safety laws, especially with regard to … Continue Reading

Possible Amendments to the CPSIA?

Last Thursday, Republican and Democrat members of the U.S. House of Representatives expressed some desire to modify the Consumer Product Safety Improvement Act ("CPSIA"). The House Committee on Energy and Commerce, Subcommittee on Commerce, Manufacturing, and Trade, which is now chaired by Rep. Mary Bono Mack (R-CA), held its first hearing and heard from CPSC … Continue Reading

CPSC Extends Stay of Enforcement for Lead-Content Testing

The Consumer Product Safety Commission (“CPSC” or “Commission”) has voted 4-1 to extend the stay of enforcement for third-party, lead-content testing on certain children’s products until December 31, 2011. Section 102 of the Consumer Product Safety Improvement Act (“CPSIA”) requires manufacturers, importers, and private labelers of children’s products to have a third party test and … Continue Reading

CPSC Holds Conferences Discussing the Publicly-Available Consumer Product Safety Information Database

In preparation for the Consumer Product Safety Commission’s (“CPSC”) launch of the Publicly-Available Consumer Product Safety Information Database (“Database”), the CPSC held two conferences, on January 11 and 20, 2011, to demonstrate specific aspects of the Database. The conferences provided information regarding how to submit reports of harm, how manufacturers and private labelers may register … Continue Reading
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