Consumer Product Safety

With three nominations in the queue, the CPSC could be on the way to a Democrat majority. The Biden Administration recently completed its list of three nominees to serve as Chairman and Commissioners.  The list includes Alexander Hoehn-Saric as Chairman (currently Chief Counsel for Communications and Consumer Protection at the House Energy and Commerce Committee),

Over the course of about a week, the CPSC, an agency that rarely litigates, flexed its litigation muscles not once, but twice,  recently filing complaints against Amazon and Thyssenkrupp Access Corp., seeking to force both companies to conduct recalls. Both are administrative complaints.

Fulfilled by Amazon

The CPSC voted 3-1 to file its complaint against

In the 2010s, Kelley Drye’s Ad Law Access blog posted approximately 1500 entries. Below are the most popular by year. To give you a sense of beginning to end, the first post came one month after Apple announced the iPad and the last just days before the first all-female spacewalk by astronauts Christina Koch and

In 2019, Ad Law Access published 124 stories on a wide range of topics. However, two topics stood out above the others:

  • California Consumer Privacy Act (CCPA)
    CCPA was far and away the most popular topic of 2019 and, as mentioned in one of our last posts of the year, “businesses and privacy professionals

The CFPB released its proposed rule governing debt collection, which would impose new requirements for debt collectors related to when and how a consumer can be contacted, what can and must be said when a consumer is reached, and the procedures to validate and verify a debt.  Industry and other stakeholders have long anticipated the

Asserting the authority to oversee the Consumer Product Safety Commission, Frank Pallone, Jr. (D-NJ), Chairman of the Committee on Energy and Commerce, and Jan Schakowsky (D-IL), Chair of the Subcommittee on Consumer Protection and Commerce, have requested information from the Commission concerning the CPSC’s workload and its dealings with the public with regard to consumer

While many today returned to work after the Holiday season, things remained quieter than usual here in the nation’s capital – with many federal workers furloughed until further notice as the federal government continues to be in a partial shutdown.  President Trump is reportedly meeting with congressional leaders today ahead of Thursday’s start to a

The Senate today confirmed Kathleen Kraninger as CFPB Director by a party-line, 50-49 vote, with Sen. Tillis abstaining.  Kraninger will replace current Acting Director Mick Mulvaney, who also currently oversees Kraninger at the Office of Management Budget (OMB) where she is associate director of general government and Mulvaney is Director. Kraninger is expected to continue

On Tuesday, in an 80 to 19 vote, the Senate confirmed Peter Feldman as CPSC Commissioner – to finish Commissioner Mohorovic’s term ending October 26, 2019. Today, in a narrow 51 to 49 vote, the Senate confirmed him to a full, seven-year term. As we discussed here, Mr. Feldman previously served as Senior Counsel

On June 21, the Senate Committee on Commerce, Science, and Transportation held a hearing on Peter Feldman’s nomination for Commissioner of the Consumer Product Safety Commission (CPSC). Mr. Feldman was initially nominated on June 4th only to finish Commissioner Mohorovic’s term, which ends in October 2019, but was re-nominated on June 7th for a separate term to end in 2026. At the hearing, Mr. Feldman stated his intent to focus on “modernizing the agency and increasing its transparency.” He specifically addressed the need to modernize CPSC’s data capabilities, especially in regards to identifying emerging hazards, determining the CPSC’s role in evolving e-commerce distribution models, and improving outreach and transparency to stakeholders.

If he is confirmed, the Republicans will return to the majority after almost 12 years. Senator Jerry Moran (R-Kan.), Chairman of the Subcommittee on Consumer Protection, Product Safety, Insurance and Data Security, has stated that he hopes the Committee will move “expeditiously” with Feldman’s confirmation and that his “expertise in regards to the issues before the Commission and extensive qualifications will be an asset as the Commission gets back on track in advancing product safety policies that reflect the principles of sound regulation.” Similarly, Congressman Bob Latta (R-OH), Chairman of the Digital Commerce and Consumer Protection Subcommittee, has urged the Commerce Committee to move forward with not only Feldman’s confirmation, but also Acting Chair Ann Marie Buerkle’s confirmation. Buerkle’s (R) nomination to become Chairman has been pending for 10 months with no indication of when a vote will be scheduled.
Continue Reading Peter Feldman’s Confirmation Hearing for the CPSC Commissioner Spot Puts the CPSC a Step Closer to a Republican Majority