Consumer Product Safety

In most respects, trade associations are pro-competitive organizations: they join together competitors to advance worthwhile goals and to learn from one another.

On June 10, 2014 the federal government proposed to expand the coverage of the rule designed to weed out counterfeit electronic parts in products sold to the Government.

Yesterday the Supreme Court ruled, 8-0, that Pom Wonderful LLC could pursue mislabeling claims under the federal Lanham Act against the Coca-Cola Company, even though the label at issue complied with FDA labeling regulations.

The CPSC's Acting Chairman, Robert (Bob) Adler, testified before the U.S. Senate Committee on Commerce, Science, and Transportation for his confirmation hearing this week along with four other nominees for various positions within the federal government.

According to the Senate Commerce Committee's hearings calendar, the committee will be holding a nominations hearing on June 11th at 2:30pm to "consider several nominations."

Former CPSC Chairman Ann Brown recently sent a letter to the leaders of the CPSC’s congressional oversight committee asking for them to “urge the Commission to consider its proposed [voluntary recalls] rule carefully and to assure that it does not adversely affect CPSC’s Fast Track Recall Program.”

The CPSC recently released a new monthly progress report form for companies conducting recalls with the agency.

Mintz Levin recently published a Litigation Alert titled The Case That Could Significantly Disrupt How Companies Manage Their Gift Card Programs and Could Create Billions of Dollars in Exposure. This Alert analyzes a recently unsealed qui tam complaint filed in Delaware, and should be essential reading for any company with a gift card program.

We have all seen or heard about them without, perhaps, knowing what they were or for what they stand: the GOOD HOUSEKEEPING seal of approval, UL certified, ENERGY STAR rated, GROWN IN IDAHO potatoes,  HARRIS TWEED, and many, many more.

In an unexpected move, President Obama announced this afternoon his intent to renominate current CPSC Acting Chairman, Robert Adler, to a second term at the agency.

On May 9, 2014, the CPSC and the maker of Buckyballs and Buckycubes settled the July 2012 administrative case brought by the CPSC alleging that these “rare earth magnets” pose a substantial product hazard. 

In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs).

In response to a written request from 32 trade associations and issues raised by 58 public comments, the Consumer Product Safety Commission (CPSC) decided at its public meeting this morning that it will seek further public input prior to finalizing a proposed amendment to its certificates of compliance regulation (often referred to as the “1110 rule”).

In January, this space discussed the Maine and Connecticut laws that would require labeling for foods made with genetically engineered ingredients (GMOs).

Yesterday, the U.S. Court of Appeals for the Fourth Circuit rather forcefully reversed one of the key rulings of Maryland District Court Judge Alexander Williams, Jr. in the recent litigation involving the CPSC’s Saferproducts.gov public database.

For the first time in nearly a year, a unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that a company will pay a hefty civil penalty and enact a strict compliance program to resolve allegations regarding its reporting practices.

The long awaited announcement of a new CPSC Chairman is finally here. After more than a year of speculation and intrigue, the search ended right where it started today when President Obama announced that Elliot Kaye is his nominee to become the next Chairman of the CPSC.

Last week, the U.S. Consumer Product Safety Commission (CPSC) issued a voluntary recall notice for the popular wireless, activity-tracking wristband Fitbit Force.

In his keynote address at the annual conference of the International Consumer Product Health & Safety Organization (ICPHSO), Acting Chairman Adler announced that the CPSC had recently started posting what it calls “letters of advice” (commonly referred to as LOAs) to its website.

Last week, the U.S. Department of Justice (“DOJ”) filed suit in federal court against four California companies and six individuals for importing products that violate the Federal Hazardous Substances Act (“FHSA”) and the Consumer Product Safety Act (“CPSA”).