When Does A CPSC Late Reporting Violation First Accrue?
This article originally appeared on Law360 on May 12, 2016 and provides additional analysis to our prior post on this subject.
Consumer Product Matters, Page 6
Consumer Product Matters posts 51 to 60 of 234, from May 19, 2016 back to March 22, 2016.
CPSC Chairman Vows that Every CPSC Voluntary Corrective Action Will Be Called a “Recall”
According to the Philadelphia Inquirer, CPSC Chairman Elliot Kaye announced in a meeting with consumer advocates that the agency will never again allow a company conducting a voluntary corrective action to call it anything other than a “recall.” Last year, after the announcement of a joint CPSC-IKEA “repair…
Just as the Comment Period for “Natural” Ends, FDA Announces Intent to Re-Examine What It Means to Be a “Healthy” Food
As any company making and selling food products knows, late last year FDA requested information and comments regarding the appropriate use of the term “natural” for food – the Agency asked what types of processing make that claim misleading, or does the food have to be completely unprocessed?…
Mark Your Calendars: BPA Prop 65 Warnings Required as of May 11, 2016; Styrene Also Added to the Prop 65 List
Earlier this month, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) issued a Notice of Emergency Action to allow temporary use of a standard point-of-sale warning message for bisphenol A (“BPA”) exposures from canned and bottled foods and beverages. This emergency rulemaking came only three weeks before California’s…
“GMO” Labeling Food Fight: How Vermont’s Act 120 Is Pressuring An Entire Industry
On July 1, 2016, Vermont’s Act 120 will require food manufacturers to indicate in the labeling of all products regulated by FDA when the food has been produced with the use of genetic engineering (GE). Unless Congress acts with unusual swiftness to pass federal legislation regarding GE or…
Zen Magnets Claims “90% Victory” Against CPSC in Magnet Recall Litigation
On March 25, 2016, Administrative Law Judge Dean Metry found that the U.S. Consumer Product Safety Commission (“CPSC”) case counsel did not prove that high powered, small rare earth magnets (“SREMs”) (1) are defective as sold by Zen Magnets (“Zen”); and (2) constitute a substantial product hazard when…
A Decade Later, Rules for the Sanitary Transportation of Food Finally Finalized by FDA
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…
Post-Senate Vote, Major Food Manufacturers Choose to Label Genetically Engineered Foods
In the wake of the Senate’s defeat of legislation that would have preempted state-mandated GE ingredient labeling on food products, a new trend is emerging, as one food manufacturer after another announces that they will voluntarily label bioengineered ingredients contained in their national food product lines. The chain…
Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets
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…
Lawsuits Against The Honest Company Highlight Continued Risks of “All Natural” Labeling
Allegations are increasing against The Honest Company, Inc. for false and misleading marketing of its products as “all natural” and “plant-based” when they supposedly contain synthetic ingredients. The Honest Company sells personal care, cleaning, and baby products in multiple channels including at retail, online and through consumer subscriptions.…