Retailer Product Safety
Consumer Product Matters posts on Retailer Product Safety, 13 in all, from June 3, 2013 to October 25, 2016, newest first.
- Counterfeit Products Are Often Unsafe Products – More Reasons to Aggressively Police Infringement of Your Trademarks and Trade Dress October 25, 2016
Our colleagues in Mintz Levin’s Intellectual Property Practice, Aarti Shah and James Wodarski, recently authored an expert analysis piece in Law360 that examined the use of the U.S. International Trade Commission (ITC) to combat a rising tide of counterfeits and knockoffs in all kinds of consumer product industries.…
- A Decade Later, Rules for the Sanitary Transportation of Food Finally Finalized by FDA April 14, 2016
Last week, FDA finalized new food safety regulations seeking to ensure the sanitary transport of human and animal food, as required under the Food Safety Modernization Act (FSMA). The final Sanitary Transportation of Human and Animal Food Rule will affect shippers, loaders, carriers, and receivers of food transported…
- Hidden Costs of Common Beauty Treatments? July 15, 2015
The “toxic trio” is a foreboding name some associate with common and seemingly innocuous manicures and pedicures. Salon workers suffer higher-than-average rates of birth defects, miscarriages, cancers, and skin afflictions stemming from their daily use of nail products, many of which contain potentially harmful chemicals. A New York…
- What is CPSC’s Fast Track Recall Program and When Should Companies Utilize It? July 7, 2015
So what is the CPSC’s “fast track recall” program and what is the benefit of participating in it? What is a “stop sale notice” and why does the CPSC generally request it for fast track recalls? What else is required by the CPSC in order to participate in…
- Class Action Defense Counsel adding ‘The Pick Off’ to Their Playbooks November 21, 2014
In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off. This is how the play is run: Offer the named plaintiff(s) full relief through a Rule 68 offer of judgment and, even if the plaintiff(s) reject the…
- CPSC Focusing on Three Areas for Reduction of CPSIA Testing Burdens November 19, 2014
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…
- A Taste of Things to Come? Whole Foods Feels Sting of “Non-GMO” Litigation November 13, 2014
As we’ve explored in past posts, mandatory GMO-labeling legislation has, at best, a spotty track record among state legislatures. Nevertheless, the GMO issue continues to draw the public’s attention, and it is becoming clear that the “Non-GMO” label now appeals to at least certain segments of the consumer…
- CPSC Announces Largest Civil Penalty to Date for Alleged Failure to Timely Report November 5, 2014
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…
- CPSC Clarifies Changes to Monthly Recall Report Form October 13, 2014
In May, we advised readers conducting recalls that the CPSC’s new monthly “recall progress report” form may catch you by surprise. Among other changes, the form included new provisions requesting companies to report recall notification statistics on social media platforms like Facebook and Twitter along with information from…
- Check Your CAP: CPSC Releases Revised Monthly Progress Report Form for Recalls May 30, 2014
The CPSC recently released a new monthly progress report form for companies conducting recalls with the agency. The revised form is in some respects better written than its predecessor and retains many of the old information reporting categories, disposes of or modifies other information fields from the old…
- Vermont Goes GMO Alone April 21, 2014
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…
- New CPSC Proposal Would Reverse 39 Year Precedent by Making Voluntary Recall Agreements Legally Binding on Companies November 13, 2013
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 Proposes Significant Amendments to Certificates of Conformity Rule June 3, 2013
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…