Category Archives: Consumer Product Safety

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Worlds Collide: FTC Answers CPSC’s Request for Written Comments on IoT and Product Hazards

By Christie Grymes Thompson on Posted in Consumer Product Safety, Consumer Protection, Federal Trade Commission, Internet of Things
If you follow our blog, you know that we often write about issues involving the FTC and the CPSC, but we usually do not write about both in the same post. Now those worlds have collided. The staff of the FTC’s Bureau of Consumer Protection (“BCP”), a prominent voice in the Internet of Things dialogue, … Continue Reading

Confirmation of Dana Baiocco as CPSC Commissioner Ends Democrat Majority

By Christie Grymes Thompson on Posted in Consumer Product Safety
Months after she was initially nominated, today the U.S. Senate confirmed Dana Baiocco (R) as the next CPSC Commissioner in a 50-45 vote, replacing Marietta Robinson (D), whose term expired in October 2017. Ms. Baiocco’s confirmation brings the Commission to two Republicans and two Democrats. Ms. Baiocco was originally approved by the Senate Committee on … Continue Reading

CPSC to Hear About the Safety Consequences If a Smart Device Isn’t So Smart

By Christie Grymes Thompson on Posted in Consumer Product Safety, Internet of Things
Manufacture, import, or sell a connected device?  In addition to the potential hazards associated with the physical performance of the product, you also need to consider the potential hazards associated with the product’s connectivity.  The Consumer Product Safety Commission (“CPSC”) is considering the Internet of Things and will hold a public hearing on May 16 … Continue Reading

CPSC Votes to Sue Britax Over B.O.B. Strollers

By Katie Townley and Christie Grymes Thompson on Posted in Consumer Product Safety, Consumer Protection, Enforcement
Last Friday, the CPSC voted to sue Britax Child Safety, Inc. to force the company to recall various models of single and double B.O.B. jogging strollers. The one-count administrative complaint alleges that the strollers present a substantial product hazard under Section 15(a)(2) of the Consumer Product Safety Act because they contain a product defect that … Continue Reading

Michaels Stores Inc. Agrees to Pay $1.5 Million CPSC Civil Penalty

By Christie Grymes Thompson on Posted in Consumer Product Safety, Consumer Protection, Fashion and Retail
Last week, the Department of Justice (“DOJ”) announced that Michaels Stores Inc. has agreed to pay $1.5 million in civil penalties to settle allegations that Michaels failed to file a timely report about a safety hazard associated with a large glass vase that Michaels sold. In 2015, DOJ filed a complaint on behalf of the … Continue Reading

2017 Recap

By Kelley Drye on Posted in ADA, Advertising, Advertising Litigation, Class Actions, Consumer Product Safety, Consumer Protection, Federal Trade Commission, Kelley Drye, NAD, Native Advertising, Privacy and Information Security, Promotions, Regulatory Developments, Social Media, State Attorneys General
Most Popular Ad Law Access Posts of 2017 As reported in our Ad Law News and Views newsletter, Kelley Drye’s Advertising Law practice posted 106 updates on consumer protection trends, issues, and developments to this blog in 2017. Here are some of the most popular: New Lawsuit Highlights Risks of Using User-Generated Content FTC Announces $1.3 … Continue Reading

New Vacancy at CPSC as Commissioner Joe Mohorovic Departs for Dentons

By Christie Grymes Thompson on Posted in Consumer Product Safety, Federal & State Regulatory
Last week, CPSC Commissioner Joseph Mohorovic, one of the two Republicans on the five-person Commission, announced that he would be ending his term as Commissioner two years early to join the Federal Regulatory and Compliance practice at the law firm Dentons.  His last day at the Commission was October 20.  Mr. Mohorovic became a Commissioner … Continue Reading

“OK, Google. Send a Letter to the CPSC.”: Privacy Groups Request Recall of Google Home Mini

By Katie Townley and Christie Grymes Thompson on Posted in Consumer Product Safety, Internet of Things, Privacy and Information Security
Last Friday, ten consumer and privacy advocacy groups, including the Electronic Privacy Information Center, Center for Digital Democracy, and Consumer Watchdog, sent a letter to Acting Chairman Ann Marie Buerkle, requesting that the CPSC recall the Google Home Mini smart speaker. The speaker was designed to respond to the voice commands, “OK, Google” and “Hey, … Continue Reading

One More Step Forward: Senate Committee Approves Nomination of Ann Marie Buerkle as CPSC Chairman

By Katie Townley and Christie Grymes Thompson on Posted in Consumer Product Safety, Promotions
The Senate Committee on Commerce, Science and Transportation approved Acting Chairman Ann Marie Buerkle’s nomination to become CPSC Chairman last Thursday in a 14-13 vote along party lines. She is expected to be confirmed by the full Senate, and would then be able to move forward with staff appointments. Buerkle has served as Acting Chairman since … Continue Reading

Getting Closer: Progress on Nominations for CPSC Chairman and Commissioner

By Katie Townley and Christie Grymes Thompson on Posted in Consumer Product Safety
Yesterday, President Trump announced his intent to nominate Dana Baiocco as CPSC Commissioner. If confirmed, Ms. Baiocco would replace Commissioner Marietta Robinson when her term expires on October 27, and would serve a seven-year term. Ms. Baiocco would join Acting Chairman Ann Marie Buerkle and Commissioner Joseph Mohorovic, and give the five-member Commission a republican majority … Continue Reading

CPSC Requests Feedback to Reduce Compliance Burdens

By Christie Grymes Thompson on Posted in Consumer Product Safety, Consumer Protection
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

By Sharon Kim Schiavetti and Christie Grymes Thompson on Posted in Advertising, Consumer Product Safety
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

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Consumer Product Safety, Consumer Protection, Kelley Drye, Regulatory Developments
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

By Sharon Kim Schiavetti and Christie Grymes Thompson on Posted in Consumer Product Safety
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

By Sharon Kim Schiavetti and Christie Grymes Thompson on Posted in Consumer Product Safety
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

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Agreements, Antitrust, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Enforcement, Fashion and Retail, Federal & State Regulatory, Federal Communications Commission, Federal Trade Commission, Food and Drug, Internet of Things, Legislative Developments, Marketing & Media Transactions, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Real Time Marketing, Regulatory Developments, Social Media, State Attorneys General
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

By Sharon Kim Schiavetti and Christie Grymes Thompson on Posted in Consumer Product Safety
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

By Kelley Drye on Posted in Advertising, Advertising and Privacy Law Summit, Advertising Litigation, Class Actions, Consumer Financial Protection, Consumer Product Safety, Consumer Protection, Dietary Supplements, Enforcement, Federal & State Regulatory, Federal Trade Commission, Food and Drug, Green Marketing, Internet of Things, Kelley Drye, Legislative Developments, Made in USA, Mobile Marketing, NAD, Native Advertising, Privacy and Information Security, Promotions, Real Time Marketing, Regulatory Developments
There is no excerpt because this is a protected post.

Australian Court Imposes $3 Million Penalty for Product Safety Violations

By Katie Townley and Christie Grymes Thompson on Posted in Advertising, Consumer Product Safety
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

By Christie Grymes Thompson on Posted in Consumer Product Safety, Consumer Protection
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

By Katie Townley and Christie Grymes Thompson on Posted in Consumer Product Safety
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

By Christie Grymes Thompson on Posted in Consumer Product Safety
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

By Laura Siegel Rabinowitz on Posted in Consumer Product Safety
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

By Katie Townley on Posted in Consumer Product Safety
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
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