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Category Archives: State Product Safety Laws

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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

California Prop 65: More Unintended Consequences

Posted in Litigation, Prop 65, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management

Last month, the California Office of Environmental Health Hazard Assessment (“OEHHA”) adopted new Proposition 65 warning regulations.  Much of the discussions regarding these new regulations have centered on the warning requirements that become effective, after an approximately two-year phase-in period, in August 2018. There were, however, amendments to Prop 65 settlement terms, penalty amounts and… Continue Reading

Hot CPSC Jurisdictional Issues: Does the CPSC Have Regulatory Authority Over Amusement Park Rides and Guns?

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Product Recalls, Federal Regulations, State Product Safety Laws, State Regulations, U.S. Congress

In the wake of two tragic amusement park ride accidents in Kansas and Tennessee, and the ongoing political debate in America over gun safety issues, we felt it timely to help answer a question that continues to be asked in the media: does the U.S. Consumer Product Safety Commission (CPSC) have the authority to address… 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

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

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

A Sane Tweak to Proposition 65

Posted in Prop 65, State Consumer Protection Laws, State Product Safety Laws

This space has addressed on several occasions, [HERE, HERE, HERE, and HERE], recent attempts to modify California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65. Many of the comments on proposed changes to Proposition 65 have panned the proposed changes because they either do too little or make businesses’… 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

Proposition 65 May Mean More Than Warning Signs and Lawsuits

Posted in Prop 65, State Product Safety Laws

As this space has discussed, Proposition 65 has been the subject of attempts by the California Legislature to reform the enforcement of the law. Recently, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead agency for Proposition 65 implementation, has proposed new regulations to the Proposition 65 regiment.  The proposed changes to the… 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

Guilty Convictions in Salmonella Trial May Signify Landmark in Criminal Food-Safety Prosecutions

Posted in CPSC Civil Penalties, CPSC Enforcement Actions, CPSC Product Recalls, Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, Litigation, Manufacturer Product Safety, Product Liability, State Product Safety Laws, State Regulations, Uncategorized

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 and safety are at play… On Friday, September 19, 2014, a federal… Continue Reading

Hawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court

Posted in Consumer Product Safety, Distributors, Federal Regulations, Food & Drug Administration (FDA), Food and Beverage, Litigation, Manufacturer Product Safety, State Product Safety Laws, State Regulations, U.S. Congress

Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level.  This week, a lawsuit out of Kauai, Hawaii shed light on the fate of these regulations at the county level.

California Supreme Court Considers Component Parts Doctrine

Posted in Consumer Product Safety, Distributors, Litigation, Manufacturer Product Safety, Product Liability, State Consumer Protection Laws, State Product Safety Laws

Last week, the California Supreme Court granted review of Ramos v. Brenntag Specialties, Inc. to resolve a split in the Second Appellate District regarding the application of California’s component parts doctrine.  The component parts doctrine stands for the proposition that a company that manufactures component parts cannot be sued under a strict liability theory for… Continue Reading

Grocery Manufacturers File Suit Against Vermont Over GMO Law

Posted in Consumer Product Safety, Distributors, Manufacturer Product Safety, State Consumer Protection Laws, State Product Safety Laws, State Regulations

In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO.  On May 8, 2014, Vermont enacted the final version of this bill, now Act 120, which requires manufacturers to make these changes by July 1,… 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

California Names First Consumer Products for Green Chemistry “Priority Products” List

Posted in Product Liability, Prop 65, State Consumer Protection Laws, State Product Safety Laws, State Regulations, Supply Chain Risk Management

Recently, we have informed our readers of product safety legislative and regulatory initiatives, including green chemistry programs, driven at the state level.  One of these important state regulatory initiatives is California’s Green Chemistry Initiative.  California’s “Safer Consumer Products” regulations seek to reduce toxic chemicals in consumer products by establishing a process whereby manufacturers of certain… Continue Reading

California Reenters the GMO Food Labeling Arena; This Time Through the Legislature

Posted in Food & Drug Administration (FDA), Food and Beverage, State Consumer Protection Laws, State Product Safety Laws

Not to be left behind and not dependent on any other state action (Connecticut and Maine notwithstanding), a bill has been introduced (SB 1381) on February 21, 2014 that requires any food, with certain exceptions (more on that later), offered for retail sale in California to be labeled “Produced with Genetic Engineering” or “Partially Produced… Continue Reading

Product Safety Round-Up from the States

Posted in Consumer Product Safety, State Product Safety Laws

(Updated Feb. 13, 2014) Over the past month, our blog posts have focused on the product safety activities of the U.S. Consumer Product Safety Commission and U.S. Congress, and even within the EU and Australia.  However, product safety developments within the States must not be overlooked.  On many issues, various states have been out in front… Continue Reading

As Maine Goes, So Goes The Nation?

Posted in Food & Drug Administration (FDA), State Product Safety Laws

“As Maine goes, so goes the nation” was a phrase that described Maine’s reputation as a bellwether state for presidential elections from 1832 through approximately 1936. On January 9, 2014, Maine’s governor Paul LePage signed a bill into law that would require labeling for foods made with genetically modified organisms (GMO).  Eighteen months from the… Continue Reading

Use of The Term “Natural” In Genetically Modified Organism (GMO) Legislation

Posted in Advertising, Consumer Product Safety, Food & Drug Administration (FDA), Food and Beverage, Litigation, Product Class Actions, State Consumer Protection Laws, State Product Safety Laws

Are you for or against GMOs?  Do you think the government should get involved?  Whether for or against legislation requiring labeling showing any Genetically Modified Organism contained in your food, the fact that the two sides are diametrically opposed on interpretation of critical aspects will ensure litigation.  In November 2012, California had its version of… Continue Reading

What Does The Word “Natural” Mean, Anyway?

Posted in Advertising, Consumer Product Safety, Food & Drug Administration (FDA), Food and Beverage, Litigation, Product Class Actions, Product Liability, State Consumer Protection Laws, State Product Safety Laws, State Unfair Competition Laws

It’s 2 o’clock in the afternoon, you need a snack – maybe a granola bar, but which one? Does the package that boasts it is “100% Natural” win out over the one that is only “All Natural”?  Would you even consider one that is merely “Natural”? Well, don’t expect the U.S. Food and Drug Administration… Continue Reading