Consumer Product Matters

A product safety and consumer related regulation and litigation blog

Senate Confirms Elliot Kaye as Chairman & Joe Mohorovic as Commissioner of the CPSC

Posted in Consumer Product Safety Commission (CPSC), U.S. Congress

Earlier this evening, the U.S. Senate confirmed Elliot Kaye as the new CPSC Chairman and Joe Mohorovic as a new Commissioner of the agency. Once Kaye and Mohorovic are officially sworn in this week, the Commission will be fully constituted with five Commissioners.

Upon the swearing in of Kaye as the CPSC’s new Chairman, Acting Chairman Adler will hand the reins of the agency over and resume his duties as Vice Chairman. President Obama renominated Adler to a second term as a CPSC Commissioner in May but his nomination was not considered by the Senate today. It’s unclear at this time how the Senate will proceed with his confirmation upon their return from the August recess.

We will be posting additional content regarding the new Commission over the next few weeks. For additional background, please read our previous posts on Chairman Kaye, Commissioner Mohorovic, and the implications of a five member Commission.

Expect a New Chairman and Five Member CPSC Next Week

Posted in Consumer Product Safety Commission (CPSC), U.S. Congress

Yesterday, Senate Majority Leader Harry Reid (D-NV) announced on the Senate Floor (video clip below) that the Senate will consider and vote on the nominations of Elliot Kaye and Joe Mohorovic on Monday, July 28th. President Obama nominated Kaye to serve as the next Chairman and as a Commissioner of the CPSC in March and Mohorovic to serve as a Commissioner last November. Regarding the confirmation votes, Senator Reid stated:

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Posted in Consumer Products, Manufacturers

Written by: Helen Kim & Chuck Samuels

Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order (on which we previously wrote here and here) dismissing the complaint filed against the power tool industry by SawStop, LLC.

To recap, according to the February 2014 complaint, in 2000, Stephen Gass, inventor of “SawStop” and a patent attorney, began licensing negotiations with several companies now named as defendants in the lawsuit. As a result, the companies allegedly held a vote on how to respond to SawStop and shortly thereafter ended their individual licensing negotiations with Gass. The complaint also alleges the companies conspired to alter voluntary standards to prevent SawStop technology from becoming an industry standard.

In his opinion dismissing SawStop’s antitrust claims, Judge Hilton wrote: Continue Reading

California Supreme Court Considers Component Parts Doctrine

Posted in Consumer Products, Distributors, Litigation, Manufacturers, Product Liability, State Consumer Protection Laws, State Product Safety Laws

Last week, the California Supreme Court granted review of Ramos v. Brenntag Specialties, Inc. to resolve a split in the Second Appellate District regarding the application of California’s component parts doctrine.  The component parts doctrine stands for the proposition that a company that manufactures component parts cannot be sued under a strict liability theory for a finished product that incorporates its component.

The rationale for not imposing liability on suppliers of product components is a matter of public policy:  such suppliers generally do not participate in developing their component products into finished products for consumers.  Imposing liability on these suppliers would impose a burden on them to closely examine buyer-manufacturers’ processes and final end products in order to ameliorate the suppliers’ potential legal exposure, despite the fact that buyer-manufacturers are in the best position to ensure product  safety.

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House Appropriations Amendments Would Halt CPSC’s Voluntary Recalls Rule; Fund Testing Relief

Posted in Consumer Product Safety Commission (CPSC), Consumer Products, U.S. Congress

The House of Representatives is currently considering H.R. 5016, the Financial Services and General Government Appropriations Act of 2015, which provides funding to many different parts of the federal government for the next fiscal year. This includes the CPSC, which would be funded $118 million under the House bill (the Senate appropriations bill provides for $123 million). Today, Representative Marsha Blackburn (R-TN) introduced and the House passed an amendment  that would halt the CPSC’s ongoing work on finalizing the controversial voluntary recalls rule. The amendment states:

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CPSC Nominees Kaye, Mohorovic, and Adler Sent to Senate Floor for Confirmation Vote

Posted in Consumer Product Safety Commission (CPSC), U.S. Congress, Uncategorized

Today the Senate Commerce, Science, and Transportation Committee approved three pending nominations for the Consumer Product Safety Commission (CPSC). The Committee approved Elliot Kaye as Chairman and Joe Mohorovic and Bob Adler as Commissioners to the CPSC. Although the Committee approved his nomination, seven Republican Senators reportedly voted no on the reappointment of current Acting Chairman Adler. Those Senators included: Continue Reading

Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines

Posted in Advertising, Consumer Products, Food & Drug Administration (FDA), Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws

Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products.  In a finding that puts the case on hold until the FDA weighs in, Judge Illston found that a decision to permanently dismiss the case would be unjust if the FDA later decides that “evaporated cane juice” is not an acceptable term for sugar on food labels. Continue Reading

CPSC to Hold its Annual Priorities Hearing on July 24th

Posted in Consumer Product Safety Commission (CPSC)

Last week the CPSC formally announced it would be holding its annual “agenda and priorities” hearing at the CPSC on July 24th at 10am. The purpose and importance of this meeting is somewhat underappreciated in terms of the role it can play for individual stakeholders wishing to have the agency change its allocation of resources for particular projects over the next two years. In its Federal Register notice, the agency states it is seeking public input on the following questions: Continue Reading

SawStop Stopped: Judge Dismisses Antitrust Lawsuit Against Table Saw Industry

Posted in Consumer Product Safety Commission (CPSC), Consumer Products, Federal Regulations, Manufacturers

Written by: Matt Howsare, Helen Kim, and Chuck Samuels

On June 27, 2014, Judge Claude M. Hilton of the Eastern District of Virginia dismissed the complaint filed against the power tool industry by SawStop, LLC. We previously wrote about this lawsuit and the need for companies and trade associations to develop sound legal policies and procedures to avoid antitrust lawsuits last month. In his very brief order regarding the SawStop case, Judge Hilton stated: Continue Reading

Unredacted Company Doe (Ergobaby) Opinion Released

Posted in Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Manufacturers

We previously wrote about the recent 4th Circuit decision that ordered the unsealing of a district court opinion siding with a manufacturer who challenged a product safety report the CPSC planned to post on its Saferproducts.gov public database. The district court had previously redacted its opinion heavily and allowed the company challenging the CPSC’s posting of the report to sue the agency anonymously to protect its identity.

Shortly after the 4th Circuit’s opinion was published, the previously unknown “Company Doe” revealed itself to be baby carrier manufacturer Ergobaby. Today, the much anticipated 70+ page district court opinion was released in its unredacted form. You can read it by clicking here.