![](https://www.mintz.com/sites/default/files/styles/banner/public/media/images/2018-09-12/Viewpoint-Landing_Consumer-Product-Safety_Mintz.jpg?itok=eLUZNK9X)
Consumer Product Safety
Viewpoints
Filter by:
California Cuts Manufacturers Some Slack
October 22, 2013 | Blog | By Daniel Herling
As this space has pointed out on several occasions, California’s laws are nothing, if not unique. One such law is California’s Business & Professions Code Section 12606.2 which prohibits a container or package from having false bottoms, false sidewalls, a false lid or covering or to “facilitate the perpetration of deception or fraud”.
Read more
Down the Rabbit Hole: Primary Jurisdiction Redux
October 21, 2013 | Blog | By Michelle Gillette
While perhaps not as far down the rabbit hole as Alice was, the Courts within the Northern District of California are decidedly split on whether to use the primary jurisdiction doctrine to stay food cases with “natural” claims.
Read more
CPSC Considers Rule on Voluntary Recall Notices and Compliance Programs
October 16, 2013 | Blog
The CPSC is considering whether to issue an interpretative rule (to be included as part of 16 CFR 1115) that would significantly alter the way in which voluntary recalls and corrective action plans (CAPs) are conducted.
Read more
California's Green Chemistry Puts Burden on Manufacturers
October 14, 2013 | Blog | By Howie Miller
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.
Read more
Update: CPSC Shortens Comment Period on Voluntary Standards Amendment
October 4, 2013 | Blog
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.
Read more
How Would CPSC Function During a Government Shutdown?
September 30, 2013 | Blog
My experiences at CPSC during the 2011 and 2012 “shutdown showdowns” are hard to forget. We spent a considerable amount of time preparing for a potential shuttering of the agency because of the very strict nature of the Anti-Deficiency Act when it comes to which employees qualify as “excepted” or “essential.”
Read more
California, the FTC, & Made in the USA Claims
September 25, 2013 | Blog | By Daniel Herling
Demi Lovato’s hit song “Made in the USA” recounts how her love for her boyfriend is both amazing and patriotic. If they had fallen in love in Paris or Acapulco, however, she may be facing an enforcement action by the FTC or a lawsuit in California under Business & Professions Code 17200 for false advertising.
Read more
Health Canada Releases New Guidelines for Civil Penalties System
September 23, 2013 | Blog
Readers of our blog tend to pay a lot of attention to federal and state product safety developments for obvious reasons.
Read more
Product Liability Lawyers at the Drawing Board: Risk Assessment Begins at the Beginning
September 19, 2013 | Blog | By Howie Miller
I used to jokingly tell people that when I moved from design engineering into the law I went from the most productive field in the world to the most counter-productive field.
Read more
CPSC Likely to Proceed with October Hearing on Magnet Rule
September 16, 2013 | Blog
This week, the Consumer Product Safety Commission (“CPSC”) will decide whether to hold a full Commission hearing to receive oral comments on a notice of proposed rulemaking on magnet set safety.
Read more
The Reasonable Consumer’s Understanding of “All Natural” – Legal or Factual Issue?
September 12, 2013 | Blog | By Michelle Gillette
In the ongoing California battle over lawsuits against food companies alleging false and misleading advertising, Plaintiffs claims are judged by the “reasonable consumer” test, in which plaintiffs must show that the public is likely to be deceived by the labeling or advertising.
Read more
Upcoming Webinar on CPSC Enforcement Trends with Commissioner Robert Adler
September 11, 2013 | Blog
Mintz Levin’s Consumer Product Safety practice is honored to welcome Commissioner Robert Adler as a guest speaker in an upcoming webinar to discuss the trajectory of CPSC enforcement trends and proactive steps your company can take to prevent becoming the subject of CPSC enforcement actions.
Read more
CPSC Voting Soon on Changes to Its Role in Voluntary Standards Activities
September 9, 2013 | Blog
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.
Read more
More Courts Weigh In On The Controversy Of Using “All Natural” with GMOs
September 4, 2013 | Blog | By Michelle Gillette
A question before district courts these days seems to be whether 100% natural molasses move any slower than the FDA.
Read more
Broad Prop 65 Reform Going Nowhere -- Weaker Assembly Bill 227 Moving Forward
August 30, 2013 | Blog | By Daniel Herling
Two weeks ago, this space discussed the CA Prop 65 reform proposed by Governor Brown and its remote chances of success.
Read more
Details that Matter – Personnel Changes in CPSC’s Offices of Compliance & Global Outreach
August 27, 2013 | Blog
CPSC’s longtime Deputy Director of Compliance & Field Operations, Marc Schoem, is now leading the agency’s Office of Education, Global Outreach, and Small Business Ombudsman.
Read more
No CPSC Enforcement Can be Admissible Evidence in a Products Liability Case
August 24, 2013 | Blog | By Daniel Herling
he role of the Consumer Product Safety Commission (CPSC) in product liability cases is often a two-sided coin. Evidence of a recall is sometimes allowed to establish notice of a defect though the standard to invoke a recall of a product is not the same as proving a design, manufacturing or failure to warn claim in a court of law.
Read more
FTC & Green Advertising: Mattress Companies Settle FTC Allegations of Unsubstantiated “VOC” Marketing Claims
August 22, 2013 | Blog
The FTC’s recent settlements with three mattress companies send a message to all companies making “VOC Free” (volatile organic compounds) and similar environmental or “green” claims.
Read more
Admissibility of Plaintiffs' Conduct in a Products Liability Case
August 20, 2013 | Blog | By Howie Miller
It would no doubt be helpful to present a jury with information of how plaintiff was driving too fast in choppy water before being thrown from a boat or how the plaintiff allowed lint to collect in the exhaust duct before a fire in the dryer caused property damage.
Read more
CPSC and CBP Stop 4.8 Million Units of Noncompliant Products at the Ports
August 16, 2013 | Blog
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.
Read more
Explore Other Viewpoints:
- AI: The Washington Report
- Antitrust
- Appellate
- Arbitration, Mediation & Alternate Dispute Resolution
- Artificial Intelligence
- Awards
- Bankruptcy & Restructuring
- California Land Use
- Class Action
- Complex Commercial Litigation
- Construction
- Consumer Product Safety
- Corporate Governance (ESG)
- Cross-Border Asset Recovery
- Debt Financing
- Direct Investing (M&A)
- Diversity
- EB-5 Financing
- Education & Nonprofits
- Employment
- Energy & Sustainability
- Environmental (ESG)
- Environmental Enforcement Defense
- Environmental Law
- Environmental, Social, and Corporate Governance (ESG)
- FDA Regulatory
- False Claims Act
- Federal Circuit Appeals
- Financial Institution Litigation
- Government Law
- Growth Equity
- Health Care
- Health Care Compliance, Fraud and Abuse, & Regulatory Counseling
- Health Care Enforcement & Investigations
- Health Care Transactions
- Health Information Privacy & Security
- IP Due Diligence
- IPRs & Other Post Grant Proceedings
- Immigration
- Insolvency & Creditor Rights Litigation
- Institutional Investor Class Action Recovery
- Insurance & Financial Services
- Insurance Consulting & Risk Management
- Insurance and Reinsurance Problem-Solving & Dispute Resolution
- Intellectual Property
- Investment Funds
- Israel
- Licensing & Technology Transactions
- Life Sciences
- Litigation & Investigations
- M&A Litigation
- ML Strategies
- Medicare, Medicaid and Commercial Coverage & Reimbursement
- Mergers & Acquisitions
- Patent Litigation
- Patent Prosecution & Strategic Counseling
- Pharmacy Benefits and PBM Contracting
- Portfolio Companies
- Privacy & Cybersecurity
- Private Client
- Private Equity
- Pro Bono
- Probate & Fiduciary Litigation
- Products Liability & Complex Tort
- Projects & Infrastructure
- Public Finance
- Real Estate Litigation
- Real Estate Transactions
- Real Estate, Construction & Infrastructure
- Retail & Consumer Products
- Securities & Capital Markets
- Securities Litigation
- Social (ESG)
- Special Purpose Acquisition Company (SPACs)
- Sports & Entertainment
- State Attorneys General
- Strategic IP Monetization & Licensing
- Tax
- Technology
- Technology, Communications & Media
- Technology, Communications & Media Litigation
- Trade Secrets
- Trademark & Copyright
- Trademark Litigation
- Value-Based Care
- Venture Capital & Emerging Companies
- White Collar Defense & Government Investigations
- Women's Health and Technology