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

Category Archives: Voluntary Standards

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Congress Erects Hurdle for CPSC’s Recreational Off-Highway Vehicle Rulemaking in 2016 Omnibus Bill

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Voluntary Standards

The $1.1 trillion 2016 omnibus spending bill passed by Congress and signed into law by President Obama last week includes many legislative provisions, often called policy “riders,” that  will affect a wide array of issues ranging from repealing food labeling laws to allowing children to sled on Capitol Hill. The major policy rider included in the… Continue Reading

The Future of Hoverboards: Federal Safety Standard or Voluntary Safety Standard?

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Manufacturer Product Safety, Retailer Product Safety, Supply Chain Risk Management, Voluntary Standards

Over recent weeks, national media outlets have reported extensively on multiple claims from consumers that hoverboards—self-balancing scooters growing immensely in popularity, particularly over the holiday period—have caught fire.  Much of the focus of these claims has been related to the overheating of the hoverboards’ lithium ion batteries.  In the wake of these reports, major airlines… 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

CPSC Gets it Right: Unanimously Regulates High-Powered Magnet Sets Through New Safety Standard

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), CPSC Enforcement Actions, CPSC Product Recalls, Federal Regulations, Litigation, Manufacturer Product Safety, U.S. Congress, Voluntary Standards

We do not typically take positions on product specific issues pending before the U.S. Consumer Product Safety Commission (“CPSC”), but the CPSC’s new safety standard for magnet sets demonstrates both why the agency exists and how it can use its regulatory authority to protect consumers. In enacting the safety standard, the agency did not eradicate… Continue Reading

SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released

Posted in Consumer Product Safety, Manufacturer Product Safety, Voluntary Standards

Written by: Helen Kim & Chuck Samuels Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order (on which we previously wrote here and here) dismissing the complaint filed against the power tool industry by SawStop, LLC. To recap, according to the February 2014 complaint, in 2000, Stephen Gass, inventor… Continue Reading

Buzzsaw or SawStop: Are You Prepared to Avoid Antitrust Liability in the Product Safety Arena?

Posted in Consumer Product Safety, Litigation, Product Liability, Voluntary Standards

Written by: Chuck Samuels and Helen Kim In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another. Their societal value is why they are recognized as non-profits. Many trade association activities, in particular safety standard-setting efforts, provide the public with valuable benefits. But… Continue Reading

CPSC Adds Burden Reduction Work, ATV Study, and UL 250 Voluntary Standard Involvement to 2014 Operating Plan at Chairman Tenenbaum’s Final Commission Hearing

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Voluntary Standards

CPSC’s November 20, 2013 Commission hearing started with an emotional farewell from Chairman Inez Tenenbaum and high praise from her fellow Commissioners for her dedication to consumers and the agency. I joined the Chairman’s staff at the start of her tenure at CPSC and can echo the Commissioners in their recognition of the great amount of energy,… Continue Reading

Update: CPSC Shortens Comment Period on Voluntary Standards Amendment

Posted in Consumer Product Safety Commission (CPSC), Voluntary Standards

We recently wrote about CPSC’s proposed amendment to its current limitations on CPSC staff’s participation in voluntary standards organizations. Under the proposed amendment, staff would be allowed to cast votes on voluntary standards and hold leadership positions on voluntary standard committees.  The amendment is based on the recommendations from a 2012 GAO Report. The Commission… Continue Reading

CPSC Voting Soon on Changes to Its Role in Voluntary Standards Activities

Posted in Consumer Product Safety, Consumer Product Safety Commission (CPSC), Voluntary Standards

Last week, CPSC staff proposed an amendment to the agency’s current voluntary standards rule that would allow Commission employees to participate as voting members and to accept leadership positions in voluntary standard development groups. The new rule would amend 16 CFR 1031 to remove the current prohibitions on this type of CPSC staff involvement in voluntary standards… Continue Reading