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Consumer Product Matters A product safety and consumer related regulation and litigation blog

Category Archives: Importer Safety

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The Turn of the “Made in America” Claim Enforcement

Posted in Advertising, Consumer Product Safety, Federal Regulations, Federal Trade Commission (FTC), Importer Safety, Manufacturer Product Safety, Private Labeler Product Safety

It has recently been reported that President Donald Trump is looking for ways to defend American-made products by certifying legitimate U.S. goods and aggressively going after imported products unfairly sporting the “Made in America” label, the White House said on July 18, 2017. President Trump announced that his administration would crack down on “predatory online… Continue Reading

Three More FSMA Rules Finalized As the Year Comes to a Close

Posted in Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, Importer Safety, Manufacturer Product Safety, Private Labeler Product Safety, Product Liability, Supply Chain Risk Management

Although not quite meeting the deadline of October 31 established in a legal settlement last year, FDA has released a set of three more “foundational” Final Rules mandated by the Food Safety Modernization Act (FSMA or the Act). The Final Rules on Foreign Supplier Verification Programs, produce safety, and accredited third-party certification were released by… 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

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

Update: Syngenta Litigation Regarding GMO Corn

Posted in Distributors, Food and Beverage, Importer Safety, Litigation, Supply Chain Risk Management

In a recent post, we detailed lawsuits filed by corn exporters, farmers, and other stakeholders against Syngenta Corp. regarding its marketing of corn which contains genetically modified (“GMO”) traits that have not been approved for export to countries such as China.  On December 11, 2014, the Judicial Panel on Multidistrict Litigation agreed to consolidate multiple… Continue Reading

More GMO Woes: Another Corn Exporter Sues Syngenta for its Failure to Isolate its GMO Corn

Posted in Consumer Product Safety, Importer Safety, Litigation

Last month, Archer Daniels Midland Co. (“ADM”) joined a slew of corn exporters and other stakeholders who have sued Syngenta based on allegations that China rejected these exporters’ products because Syngenta’s genetically modified corn seed, which contains a trait that China has not yet approved for import, was not kept separate from the plaintiffs’ products…. 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

Battle of the Experts Still Brewin’ in Starbucks Trial

Posted in CPSC Enforcement Actions, Distributors, Federal Regulations, Food and Beverage, Importer Safety, Private Labeler Product Safety, Prop 65, Retailer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations

In April 2010, the Council for Education and Research on Toxics (CERT) sued Starbucks Corp. and other coffee sellers alleging they violated California’s Safe Drinking Water and Toxic Enforcement Act, passed by California voters in 1986 as Proposition 65, by failing to warn consumers about carcinogens in their products as required under the act.  In July 2013, Los… Continue Reading

GAO Releases Report on CPSC Response to New and Emerging Hazards

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, Federal Regulations, Importer Safety, Manufacturer Product Safety, Product Liability, Retailer Product Safety, Supply Chain Risk Management, U.S. Congress

On October 14, the Government Accountability Office (GAO) published a report entitled “Consumer Product Safety Commission: Challenges and Options for Responding to New and Emerging Risks.”  The report analyzes the timeliness of the Consumer Product Safety Commission’s (CPSC) response to “new and emerging” safety risks from new or existing consumer products.  It is based upon… Continue Reading

FDA Announces More Changes to FSMA Implementation Rules

Posted in Food & Drug Administration (FDA), Food and Beverage, Importer Safety, Supply Chain Risk Management

On September 19, 2014, FDA announced potential changes to four rules that the agency proposed in 2013 to implement the Food Safety and Modernization Act (“FSMA”). FSMA was signed into law in January 2011 in response to many reported incidents of food-borne illness during the 2000s. FSMA’s goal is to ensure that food in the… Continue Reading

CPSC Hits Pause on Final “Certificates of Compliance” Rule

Posted in Consumer Product Safety Commission (CPSC), Importer Safety, Manufacturer Product Safety, Retailer Product Safety

In response to a written request from 32 trade associations and issues raised by 58 public comments, the Consumer Product Safety Commission (CPSC) decided at its public meeting this morning that it will seek further public input prior to finalizing a proposed amendment to its certificates of compliance regulation (often referred to as the “1110 rule”)…. Continue Reading

Green Chemistry Initiatives: An American Patchwork?

Posted in Consumer Product Safety, Drugs & Cosmetics, Importer Safety, Manufacturer Product Safety, Prop 65, State Consumer Protection Laws, State Regulations

A growing number of states are passing Green Chemistry laws, e.g.; California, Connecticut, Maine, Minnesota, and Washington State.  These laws present a challenge to manufacturers who distribute and sell products into the 50 states. For instance, starting on November 22, 2013 manufacturers no longer need to report the presence of n-butanol in children’s products to… Continue Reading

New CPSC Proposal Would Reverse 39 Year Precedent by Making Voluntary Recall Agreements Legally Binding on Companies

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, CPSC Product Recalls, Distributors, Federal Regulations, Importer Safety, Manufacturer Product Safety, Retailer Product Safety, Voluntary Recalls

Since the inception of the U.S. Consumer Product Safety Commission (CPSC), voluntary recall agreements between the agency and companies conducting a recall (commonly referred to as “corrective action plans”) have not been legally binding on the company conducting the recall. At the November 13, 2013 meeting of the CPSC, Vice-Chairman (and soon to be Acting Chairman) Bob… Continue Reading

California’s Green Chemistry Puts Burden on Manufacturers

Posted in Consumer Product Safety, Distributors, Importer Safety, Manufacturer Product Safety, Retailer Product Safety, State Regulations

California is one of the largest consumer markets in the United States.   When it comes to environmental regulations, California can be the tail that wags the dog. It is not difficult for manufacturers, importers and retailers to inadvertently run afoul of California’s comprehensive environmental regulations.  Those regulations just got a little more comprehensive. On October… Continue Reading

CPSC and CBP Stop 4.8 Million Units of Noncompliant Products at the Ports

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Importer Safety, Supply Chain Risk Management

The U.S. Consumer Product Safety Commission (CPSC) announced recently that it stopped 4.8 million units of products at multiple ports of entry that violated product safety rules or were deemed to be hazardous.  The units were seized during the Commission’s last fiscal year (October 2011 to September 2012). This announcement comes as no surprise to those… Continue Reading

CPSC Approves $3.9 Million Penalty and Imposition of Compliance Program for National Retail Chain

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Consumer Product Safety Improvement Act (CPSIA), CPSC Civil Penalties, Importer Safety, Manufacturer Product Safety, Retailer Product Safety, Supply Chain Risk Management

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 a $3.9 million fine, Ross agreed to… Continue Reading

CPSC Proposes Significant Amendments to Certificates of Conformity Rule

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

The U.S. Consumer Product Safety Commission (“CPSC”) recently proposed to substantially alter its 2008 regulation governing the form and contents of certificates of compliance for consumer products.  Commonly referred to as “GCCs” within the retail and manufacturing industries, certificates of compliance are used to establish a product’s compliance with applicable CPSC safety regulations (16 CFR… Continue Reading