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CPSC Creeping Closer to a Democrat Majority

With three nominations in the queue, the CPSC could be on the way to a Democrat majority. The Biden Administration recently completed its list of three nominees to serve as Chairman and Commissioners. The list includes...more

Recent CPSC Lawsuits Could Have Significant Ramifications for Platforms and for Companies Relying on Third Parties for Product...

Over the course of about a week, the CPSC, an agency that rarely litigates, flexed its litigation muscles not once, but twice, recently filing complaints against Amazon and Thyssenkrupp Access Corp., seeking to force both...more

House Committee on Energy and Commerce Has Questions for the CPSC

Asserting the authority to oversee the Consumer Product Safety Commission, Frank Pallone, Jr. (D-NJ), Chairman of the Committee on Energy and Commerce, and Jan Schakowsky (D-IL), Chair of the Subcommittee on Consumer...more

How the Government Shutdown Is Affecting Federal Agencies

While many today returned to work after the Holiday season, things remained quieter than usual here in the nation’s capital – with many federal workers furloughed until further notice as the federal government continues to be...more

Party of Five: CPSC Has Full Commission and a Republican Majority with Conformation of Peter Feldman

On Tuesday, in an 80 to 19 vote, the Senate confirmed Peter Feldman as CPSC Commissioner – to finish Commissioner Mohorovic’s term ending October 26, 2019. Today, in a narrow 51 to 49 vote, the Senate confirmed him to a full,...more

Peter Feldman’s Confirmation Hearing for the CPSC Commissioner Spot Puts the CPSC a Step Closer to a Republican Majority

On June 21, the Senate Committee on Commerce, Science, and Transportation held a hearing on Peter Feldman’s nomination for Commissioner of the Consumer Product Safety Commission (CPSC). Mr. Feldman was initially nominated on...more

Worlds Collide: FTC Answers CPSC’s Request for Written Comments on IoT and Product Hazards

If you follow our blog, you know that we often write about issues involving the FTC and the CPSC, but we usually do not write about both in the same post. Now those worlds have collided. The staff of the FTC’s Bureau of...more

Confirmation of Dana Baiocco as CPSC Commissioner Ends Democrat Majority

Months after she was initially nominated, today the U.S. Senate confirmed Dana Baiocco (R) as the next CPSC Commissioner in a 50-45 vote, replacing Marietta Robinson (D), whose term expired in October 2017. Ms. Baiocco’s...more

CPSC to Hear About the Safety Consequences If a Smart Device Isn’t So Smart

Manufacture, import, or sell a connected device? In addition to the potential hazards associated with the physical performance of the product, you also need to consider the potential hazards associated with the product’s...more

CPSC Votes to Sue Britax Over B.O.B. Strollers

Last Friday, the CPSC voted to sue Britax Child Safety, Inc. to force the company to recall various models of single and double B.O.B. jogging strollers. The one-count administrative complaint alleges that the strollers...more

Michaels Stores Inc. Agrees to Pay $1.5 Million CPSC Civil Penalty

Last week, the Department of Justice (“DOJ”) announced that Michaels Stores Inc. has agreed to pay $1.5 million in civil penalties to settle allegations that Michaels failed to file a timely report about a safety hazard...more

New Vacancy at CPSC as Commissioner Joe Mohorovic Departs for Dentons

Last week, CPSC Commissioner Joseph Mohorovic, one of the two Republicans on the five-person Commission, announced that he would be ending his term as Commissioner two years early to join the Federal Regulatory and Compliance...more

“OK, Google. Send a Letter to the CPSC.”: Privacy Groups Request Recall of Google Home Mini

Last Friday, ten consumer and privacy advocacy groups, including the Electronic Privacy Information Center, Center for Digital Democracy, and Consumer Watchdog, sent a letter to Acting Chairman Ann Marie Buerkle, requesting...more

One More Step Forward: Senate Committee Approves Nomination of Ann Marie Buerkle as CPSC Chairman

The Senate Committee on Commerce, Science and Transportation approved Acting Chairman Ann Marie Buerkle’s nomination to become CPSC Chairman last Thursday in a 14-13 vote along party lines. She is expected to be confirmed by...more

Getting Closer: Progress on Nominations for CPSC Chairman and Commissioner

Yesterday, President Trump announced his intent to nominate Dana Baiocco as CPSC Commissioner. If confirmed, Ms. Baiocco would replace Commissioner Marietta Robinson when her term expires on October 27, and would serve a...more

CPSC Requests Feedback to Reduce Compliance Burdens

Have ideas to lighten the load for complying with consumer product safety regulations? The Consumer Product Safety Commission (“CPSC” or “Commission”) wants to hear about them. The Commission has asked for comments and...more

CPSC Acting Chairman Ann Marie Buerkle Emphasizes Collaboration, Balance, and Education

Acting Chairman of the Consumer Product Safety Commission (“CPSC”) Ann Marie Buerkle highlighted her priorities and recent noteworthy developments in a recent newsletter. She emphasized her desire to collaborate with...more

[Webinar] Keeping Up with the Consumer Product Safety Commission: Update on Recent CPSC Developments - March 29th, 12:00pm EST

With the complexity of today’s product safety regulatory environment and the civil penalty amounts for failure to report safety hazards, it is more important than ever for manufacturers and retailers to identify and resolve...more

Chairman Kaye Steps Down as CPSC Chair; Republican Buerkle Assumes Role of Acting Chair

Late Wednesday evening, Democrat Elliot Kaye resigned as chair of the Consumer Product Safety Commission. Republican Commissioner Ann Marie Buerkle has assumed the position of Acting Chair until a new chair is appointed by...more

CPSC Commissioner Ann Marie Buerkle Elected Vice Chair; CPSC under Regulatory Freeze

On January 19, 2017, Commissioners at the Consumer Product Safety Commission elected Commissioner Ann Marie Buerkle to be the next vice chair. Commissioner Buerkle was appointed to the agency by President Obama in May 2013...more

CPSC Issues Guidance to Encourage the Disclosure of Relevant Consumer Product Safety Information in Private Litigation

On November 29, 2016, the Consumer Product Safety Commission (CPSC) published guidance for private litigants when drafting protective orders, confidentiality agreements, and settlement agreements in litigation related to...more

CPSC Maxes Out and Obtains Record $15.45 Million Civil Penalty

Good Friday was not so good for Gree Electric Appliances, Inc., because the CPSC announced that it had reached a record-setting $15.45 million settlement with the company regarding dehumidifiers it manufactured and imported....more

CPSC Representatives Lay Out Active Agenda

At the International Consumer Product Health and Safety Organization (ICPHSO) conference in D.C. last week, Chairman Elliot Kaye and other CPSC representatives raised eyebrows with an active agenda, which included proposed...more

Selling Hoverboards This Holiday Season? Tips To Stay Off The CPSC’s Naughty List

Hoverboards have skyrocketed as a top gift this holiday season, dominating retail shelves and website banners. Many manufacturers make the products, at a range of price points. If your company is selling these Segway-esque...more

Office Depot Agrees to Pay $3.4 Million CPSC Civil Penalty

On May 27th, the Consumer Product Safety Commission (“CPSC”) announced that Office Depot agreed to pay a $3.4 million civil penalty for allegedly failing to report potential safety issues for two models of office chairs....more

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