Header graphic for print
Consumer Product Matters A product safety and consumer related regulation and litigation blog

Category Archives: Consumer Product Safety Improvement Act (CPSIA)

Subscribe to Consumer Product Safety Improvement Act (CPSIA) RSS Feed

CPSC Begins Transition: Ann Marie Buerkle is Now the Acting Chairman of the Agency

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

This morning it was announced internally at the CPSC that Commissioner Ann Marie Buerkle has become the Acting Chairman of the agency. The CPSC has not yet released a statement concerning the transition of the chairmanship from Elliot Kaye to Ann Marie Buerkle, but we have confirmed the change in leadership with multiple sources inside the… Continue Reading

CPSC in a Post-Election Government: Restraint and Moderation Are Required by All Sides

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, State Consumer Protection Laws, State Product Safety Laws, U.S. Congress

We have had a huge election result, perhaps the most significant in our lifetime, potentially even exceeding what was called the Reagan Revolution.  It is critical, particularly for anybody from Washington DC, to have a great deal of modesty and humility in prognosticating the future under the Trump administration even in the CPSC world.  We… Continue Reading

E-Cigarette Makers Contending with New CPSC and FDA Regulations

Posted in Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, Food & Drug Administration (FDA)

Products like e-cigarettes and other electronic nicotine delivery systems (ENDS) have been under intense scrutiny in recent years from public health officials, legislators at all levels of government, and many other interested parties, including dozens of plaintiffs in lawsuits stemming from battery explosions and other injuries.  Newly enacted Federal requirements for ENDS and their components and parts… Continue Reading

When Does A CPSC Late Reporting Violation First Accrue?

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Civil Penalties, CPSC Enforcement Actions, CPSC Product Recalls, Litigation, Product Liability

This article originally appeared on Law360 on May 12, 2016 and provides additional analysis to our prior post on this subject. After filing a Section 15(b) report and conducting a recall with the U.S. Consumer Product Safety Commission (CPSC), companies frequently ponder whether the CPSC believes the company timely filed its report under Section 15(b) of… Continue Reading

Breaking: CPSC Obtains Record $15.45 Million Civil Penalty in Settlement Agreement with Gree

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

This morning, the U.S. Consumer Product Safety Commission (CPSC) announced that it has obtained a record-breaking $15.45 million civil penalty in a settlement agreement with Gree Electric Appliances of China, Hong Kong Gree Electric Appliances Sales Co. of Hong Kong, and Gree USA Sales of California (Gree) over dehumidifiers sold under 13 different brand names. … Continue Reading

Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Civil Penalties, CPSC Enforcement Actions, CPSC Product Recalls, CPSC Product Recals, Distributors, Litigation, Supply Chain Risk Management, Voluntary Recalls

There have been many twists and turns over the past four years concerning the CPSC’s regulation of certain high powered, rare-earth magnet sets and its litigation against various entities selling these magnets.  In the latest chapter of the magnets saga, a federal court in Colorado has permanently enjoined Zen Magnets (Zen) from selling magnets purchased… Continue Reading

CPSC Public Database: An Important 2011 Change to the Procedure for Filing Materially Inaccurate Information Claims Can Easily be Overlooked

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

President Obama signed Public Law 112-28 (“PL 112-28”) into law on August 12, 2011. PL 112-28 amended numerous provisions of the Consumer Product Safety Improvement Act (“CPSIA”). One such amendment made a notable change to the operation of the CPSC’s Saferproducts.gov database with respect to claims that a database report contains materially inaccurate information (“MII Claims”). The… 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

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 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

CPSC & DOJ Sue Michaels Stores for Failing to Report Product Safety Hazard and Filing Misleading Information

Posted in Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Civil Penalties, CPSC Enforcement Actions, CPSC Product Recalls, Litigation, Manufacturer Product Safety, Retailer Product Safety

For the first time in recent memory, the Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) jointly announced the filing of a lawsuit in federal court for the imposition of a civil penalty and injunctive relief for violation of the Consumer Product Safety Act (CPSA). The lawsuit is against arts and crafts retailer… 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

2015 Omnibus Provides $123 Million in Funding for the CPSC with No User Fee Authorization; Report Language Focuses on Test Burden Reduction, Import Surveillance, and Report on “Auto-Update” Mechanism for CPSC Safety Standards

Posted in Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), U.S. Congress, Voluntary Recalls

Update: After some uncertainty, Congress passed and the President is expected to sign the 2015 Omnibus bill into law. The report language of the Omnibus bill incorporated by reference House Report 113-508, which accompanied a previous appropriations bill passed by the House earlier this year. This additional report language addresses several key CPSC issues, including: import safety, the phthalates… Continue Reading

CPSC to Discuss Draft Phthalates Rule at December 5th Meeting

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

Tomorrow, December 5, 2014, the U.S. Consumer Product Safety Commission (CPSC) will be briefed by staff on a recommendation to issue a proposed rule to permanently prohibit five phthalates – DINP, DIBP, DPENP, DHEXP, DCHP – from children’s toys and child care articles.  The use of three phthalates – DEHP, DBP, and BBP – in… Continue Reading

CPSC Focusing on Three Areas for Reduction of CPSIA Testing Burdens

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), Federal Regulations, Manufacturer Product Safety, Private Labeler Product Safety, Retailer Product Safety, U.S. Congress

At their April Senate confirmation hearing, both incoming CPSC Chairman Elliot Kaye and Commissioner Joe Mohorovic pledged to Senator John Thune (R-SD) to submit plans for reducing third party testing burdens within 60 days of confirmation. Rather than send separate plans, Kaye and Mohorovic submitted a joint letter to Senator Thune recently made public on… Continue Reading

CPSC Announces Largest Civil Penalty to Date for Alleged Failure to Timely Report

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Enforcement Actions, Importer Safety, Manufacturer Product Safety, Private Labeler Product Safety, Retailer Product Safety

On October 28, 2014, the U.S. Consumer Product Safety Commission (CPSC) announced that Baja Inc., and its corporate affiliate, One World Technologies Inc., of Anderson, S.C., agreed to pay a $4.3 million civil penalty to resolve charges that it knowingly failed to immediately report certain defects and an unreasonable risk of serious injury involving some… 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

Unredacted Company Doe (Ergobaby) Opinion Released

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

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… Continue Reading

4th Circuit Unmasks Company Doe & Unseals Entire Record in CPSC Database Case

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

Yesterday, the U.S. Court of Appeals for the Fourth Circuit rather forcefully reversed one of the key rulings of Maryland District Court Judge Alexander Williams, Jr. in the recent litigation involving the CPSC’s Saferproducts.gov public database. The Fourth Circuit ruled in favor of several consumer advocacy organizations and media outlets who appealed Judge Williams’ decision to… Continue Reading

Elliot Kaye Nominated as New Chairman of the CPSC

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

The long awaited announcement of a new CPSC Chairman is finally here. After more than a year of speculation and intrigue, the search ended right where it started today when President Obama announced that Elliot Kaye is his nominee to become the next Chairman of the CPSC. Having previously served with Elliot in former Chairman… Continue Reading

Senate Bill Would Expand Current Phthalates Prohibitions

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

Earlier this year, we blogged about Senator Kirsten Gillibrand’s (D-NY) announcement that she planned to introduce legislation expanding the scope of Section 108 of the Consumer Product Safety Improvement Act (“CPSIA”).  That section of the CPSIA makes children’s toys and child care articles subject to a ban on certain phthalates.  Phthalates are a group of… Continue Reading

Toy Companies Sued for Importing Defective Products

Posted in Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Civil Penalties, CPSC Enforcement Actions, Supply Chain Risk Management

Last week, the U.S. Department of Justice (“DOJ”) filed suit in federal court against four California companies and six individuals for importing products that violate the Federal Hazardous Substances Act (“FHSA”) and the Consumer Product Safety Act (“CPSA”).  The individuals and companies — Toy Distribution, Inc., S&J Merchandise, Inc., BLJ Apparel, Inc. and All Season… Continue Reading