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Category Archives: Children’s Products

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FTC Issues Long-Awaited Enforcement Policy on OTC Homeopathic Drugs

Posted in Advertising, Children's Products, Consumer Product Safety, Drugs & Cosmetics, Federal Regulations, Federal Trade Commission (FTC), Manufacturer Product Safety, Product Liability

We reported a few weeks ago about a new warning from FDA related to the safety of certain teething-related, non-prescription homeopathic drug products, and in that post we mentioned that both FDA and the Federal Trade Commission (FTC) held public workshops in 2015 to gather information about this uniquely-regulated class of consumer products.  Today, FTC released… Continue Reading

Homeopathic Products Under Renewed Scrutiny Following FDA’s Consumer Warnings

Posted in Children's Products, Consumer Product Safety, Drugs & Cosmetics, Federal Regulations, Food & Drug Administration (FDA), Manufacturer Product Safety, Private Labeler Product Safety

Last week, following up on a more general warning issued on September 30, FDA alerted the public that it had received at least 10 reports of baby deaths associated with the use of homeopathic teething products, as well as over 400 other adverse event reports over the past six years (since a 2010 consumer alert about… Continue Reading

Update: Albany County Legislature Amends Controversial Toxic Toys Law

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, Litigation, State Consumer Protection Laws, State Product Safety Laws, State Regulations

  Last year, we wrote about a growing trend of local jurisdictions regulating children’s products, primarily toys and apparel. One such jurisdiction, Albany County, NY, enacted a far-reaching ordinance, “Local Law J of 2014,” that prohibited the sale of children’s products containing seven chemicals of “high concern” (see previous blog post here). At the time,… Continue Reading

CPSC Launches New Portal to Guide Companies through Regulatory Maze

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Federal Regulations

Has your business experienced difficulty identifying on the CPSC’s website which product safety regulations are potentially applicable to your products? In an effort to better guide industry, particularly new product makers and small businesses, through the maze of CPSC regulatory requirements and guidance, the CPSC rolled out earlier today a new self-help compliance tool—the Regulatory… Continue Reading

Must Playground Equipment & Surfaces Comply with CPSC Lead Limits for Children’s Products?

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations

Over the past few months, numerous national media outlets have published stories about the potential health risks of a material commonly used on playground surfaces—crumb rubber.  Crumb rubber is a granule material typically made from recycled scrap tires that is used to provide a soft play surface for playgrounds (and infill for artificial turf fields). … Continue Reading

CPSC & DOJ Stop Two Companies from Future Importation of Children’s Products with Far-Reaching Consent Decrees

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Civil Penalties, CPSC Enforcement Actions, Federal Regulations, Importer Safety, Litigation, Manufacturer Product Safety, Product Liability

Earlier this week, the U.S. Department of Justice (“DOJ”)—at the behest of the CPSC—filed suit in California federal court against two companies and three individuals for importing products that violate the Federal Hazardous Substances Act (“FHSA”) and Consumer Product Safety Act (“CPSA”). The respective lawsuits can be accessed here and here. The individuals and companies—Brightstar… Continue Reading

CPSC Suspends Over 90% of $3.5 Million Civil Penalty Due to Company’s Inability to Pay; phil&teds USA to Pay $200,000

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Civil Penalties, CPSC Enforcement Actions, Federal Regulations, Litigation

At the very beginning of this year, we wrote that we expected the CPSC to remain active in bringing enforcement actions against companies for violations of the Consumer Product Safety Act (CPSA). About one month later, CPSC Chairman Elliot Kaye remarked at a product safety conference (ICPHSO 2015) that he was directing staff to seek… Continue Reading

Toy Safety Regulation Should Be Left To The Federal Government

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Litigation, Product Liability, State Consumer Protection Laws, State Product Safety Laws, State Regulations, U.S. Congress

[This article originally appeared on Law360.com on June 23, 2015.] On June 2, 2015, the Suffolk County Legislature became the latest county legislature in New York to pass a “toxic-free toys” act. About a week later, the New York City Council got in on the action and introduced a similar bill. Since the beginning of… Continue Reading

Albany County’s “Safe Toys” Legislation on Hold Pending Court Proceeding

Posted in Children's Products, Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, Litigation, State Product Safety Laws, State Regulations, U.S. Congress

Earlier this year, we wrote about a far-reaching product safety ordinance enacted into law in Albany County, NY (the “County”) entitled “The Toxic Free Toys Act.” At the time, we expressed our concern that numerous issues would arise in the local law’s implementation and enforcement, particularly with respect to those provisions in direct conflict with… Continue Reading

Bloomberg Product Safety Article Misses the Mark; U.S. Product Safety Economy Safer Than Ever

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, Importer Safety, Supply Chain Risk Management, Voluntary Standards

On April 7, Renee Dudley of Bloomberg News authored an article entitled “The Cheap Toys You Buy Your Kid Are Rarely Inspected.”  The article has been republished by major news publications and gained some nationwide attention.  Ms. Dudley’s article uses the tragic death of a toddler to argue that the American consumer product safety system… Continue Reading

California Appellate Court Takes on Proposition 65 Warning Triggers

Posted in Children's Products, Distributors, Food and Beverage, Litigation, Manufacturer Product Safety, Product Liability, Prop 65, Retailer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management

Recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65, have been the work of the California Legislature.  (See A Sane Tweak To Proposition 65 and California Reenters the GMO Food Labeling Arena – This Time Through The Legislature).  This past week, however, the California Appellate Court for the… Continue Reading

Nationwide Should be Applauded for Pro-Safety Super Bowl Ad

Posted in Children's Products, Consumer Product Safety Commission (CPSC)

Last Sunday, during the Super Bowl, Nationwide Insurance ran a controversial commercial entitled “Make Safe Happen.”  The advertisement features a young child experiencing memorable moments growing up.  However, viewers are informed that the child would not actually experience these moments because he “died from an accident.”  The commercial then cuts to a series of [common] household accidents, all involving… Continue Reading

Albany County, NY Enacts Stringent Children’s Product Safety Law

Posted in Children's Products, Consumer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations

Do local governments, such as town councils and county legislatures, have a role in regulating consumer products that is typically reserved for the federal and state governments?  Apparently, the legislature and executive of Albany County, New York believe that they do. Every so often, local jurisdictions get out in front of federal and state legislators… Continue Reading

Product Safety Update from Capitol Hill (Part Three)

Posted in Children's Products, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, U.S. Congress

Earlier this year, we began a series of blog entries to update our readers on legislative efforts on Capitol Hill that affect stakeholders within the product safety arena.  Over the summer, we updated you on an amendment to an appropriations bill passed in the House of Representatives that would halt the U.S. Consumer Product Safety… Continue Reading

Update: Vermont Legislature Passes Toxic Chemicals Bill

Posted in Children's Products, Consumer Product Safety, Distributors, Manufacturer Product Safety, State Product Safety Laws, State Regulations

Last month, we wrote about the toxic chemicals legislation bouncing between the Vermont House and Senate (click here for our prior post).  On May 9, 2014, the Vermont Legislature gave final approval to the bill, S.239, which gives the Vermont Department of Health the authority to require manufacturers to report, label, and remove chemicals it… Continue Reading

Vermont Senate OKs Chemicals Bill

Posted in Children's Products, Consumer Product Safety, Manufacturer Product Safety, State Product Safety Laws, State Regulations

On May 5, 2014, the Vermont Senate gave final approval to a bill that would ramp up regulatory scrutiny of the chemicals found in children’s products.  The bill, S.239, gives the Vermont Department of Health the authority to require manufacturers to report, label, and remove chemicals it considers harmful from products for children.  Until now, the Legislature has had… Continue Reading

Is Your Consumer Product For Children or the General Public?

Posted in Children's Products, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations

As readers of this blog are well aware, classifying products as “children’s products,” as opposed to “general use products,” has important ramifications under federal and state consumer product safety laws. For example, under federal law, namely the Consumer Product Safety Improvement Act (“CPSIA”), children’s products must meet strict lead content limits, be independently tested by… Continue Reading

CPSC Stakeholders Recognize Five Year Anniversary of CPSIA

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA)

This month marks the five year anniversary of the enactment of the Consumer Product Safety Improvement Act of 2008 into law.  Commonly referred to as the “CPSIA,” the law has had a dramatic impact over the past five years on all firms involved in manufacturing, importing and selling consumer products.  Passed by Congress in the… Continue Reading

Six Flags Rollercoaster Tragedy Highlights Sometimes Confusing Nature of CPSC’s Jurisdiction

Posted in Children's Products, Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, State Regulations

Written by: Matt Howsare and Shoshana Speiser When you board a ride at an amusement park, the question of who regulates the ride vs. the toy you just won is probably the last thing on your mind. After last month’s tragic death on the Texas Giant rollercoaster at Six Flags, however, nationwide attention and scrutiny… Continue Reading