Civil & Criminal Penalties

Bids to require mandatory labeling of foods containing genetically modified organisms (GMO) were voted down in Colorado and Oregon on Tuesday. Colorado voters rejected Proposition 105, with nearly 70% of voters saying no; while Oregon voters rejected Measure 92, with only 50.9% against the initiative, and 49.1% in…

This space has thoroughly explored the various forms of civil liability food companies face for the mislabeling and/or deceptive marketing of their products. Last week, a set of landmark convictions in a criminal food-safety prosecution potentially signal increased criminal liability for food companies when matters of public health…

A recent federal decision has made clear that court-ordered recalls can have real teeth, not just for manufacturers but also their officers—especially when the court has reason to suspect a company’s execs are deliberately dragging their feet.

In the wake of the tragic drowning of Virginia Graeme Baker, the granddaughter of former Secretary of State James Baker, Congress passed and President Bush signed into law the Virginia Graeme Baker Pool and Spa Safety Act. The legislation was sponsored by Congresswoman Debbie Wasserman Schultz (D-FL) and…

In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such bills raises a serious question as to whether any individual state—especially…

In January, this space discussed the Maine and Connecticut laws that would require labeling for foods made with genetically engineered ingredients (GMOs). Each of the bills had a trigger qualification: 4 other states, or states with a combined population of 20 million, had to adopt similar measures. In…

For the first time in nearly a year, a unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that a company will pay a hefty civil penalty and enact a strict compliance program to resolve allegations regarding its reporting practices. This announcement comes almost one year after three similarly…

At the end of December, Dimmeys, a large Australian discount department store, was fined approximately $3 million dollars by an Australian court for violating Australia’s federal product safety laws for the fifth time. The retailer’s supplier, Starite Distributors, was fined $600,000, and the owner of Dimmeys has been…

Readers of our blog tend to pay a lot of attention to federal and state product safety developments for obvious reasons. But, if your firm sells consumer products abroad, such as to Canadian consumers, paying attention to international product safety standards and enforcement policies or guidelines is imperative…

A unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that Ross Stores Inc. (“Ross”), a national discount retailer, agreed to pay a $3.9 million civil penalty to settle allegations that it failed to report its continued sale of banned children’s upper outerwear containing drawstrings. In addition to paying…