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CPSC Adopts Final Rules for Button Cell and Coin Batteries with Sweeping Requirements

On September 11, 2023, the Consumer Product Safety Commission (CPSC) voted to adopt sweeping safety requirements, pursuant to Reese’s Law, for button cell and coin batteries and products containing these batteries or designed...more

CPSC Final Rule for Button Cell and Coin Batteries is Imminent – But Packaging Requirement is Effective Now

On February 9th, 2023, the Consumer Product Safety Commission (CPSC) published a proposed rule, as required by Reese’s Law, for button cell and coin batteries and products sold with them. While the publication of the final...more

Fifth Circuit Finds Flaws in CPSC Rulemaking on Phthalate Limits Highlighting Another Rulemaking Misstep for the Agency

The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal agency, the Consumer Product Safety Commission (the “CPSC”) must follow these...more

Consumer Product Safety Advocates Pen Memorandum to Biden Transition Team Foreshadowing Push for More Active and Aggressive CPSC

For years consumer product safety advocate groups have bemoaned the seeming lack of aggressiveness from the Consumer Product Safety Commission (“CPSC”). As an example, they complain that the CPSC levied no civil penalties on...more

CPSC Inspector General Concludes 2019 Data Breach Was Much More Significant Than Reported and Caused by Mismanagement and...

On September 25th, the CPSC Office of Inspector General (“OIG”) released its long-awaited report summarizing its investigation of the 2019 CPSC data breach. Most notably, the report finds that the data breach was larger and...more

CPSC Sued Over Lack of Access to Consensus Standard Incorporated Into CPSC Regulation

An interesting and potentially very important case not only in CPSC world but for thousands of statutes and regulations is pending in a federal court of appeals. On May 18th, a civil rights group filed its opening brief...more

Representative Rush's Section 6(b) Bill -- Stripping Basic Due Process Protection With Little Justification or Benefit

Section 6(b) of the Consumer Product Safety Act has for many years encouraged voluntary reporting and protected companies from disclosure of inaccurate or misleading information by requiring CPSC to take reasonable steps to...more

Commissioner Bob Adler Elected Vice-Chairman of the CPSC, Making Him Acting Chairman of the Agency

Late this afternoon it was confirmed that Commissioner Bob Adler was elected Vice-Chairman of the CPSC. Because there is no permanent CPSC Chairman at this time, Commissioner Adler will become the Acting Chairman of the...more

Breaking: CPSC Notifies Numerous Companies of Unprecedented, Unauthorized Disclosure of Information

Late this afternoon, the U.S. Consumer Product Safety Commission (CPSC) informed what could turn out to be a very large number of consumer product companies that it recently discovered what appears to be a mass inadvertent...more

CPSC Commissioner Elliot Kaye Issues Statement Providing a Framework of Safety for the Internet of Things

In recent years, the U.S. Consumer Product Safety Commission (CPSC) has begun to grapple with the effects of the Internet of Things (IoT) on consumer product safety. In May 2018, the CPSC held its first public hearing...more

Unilateral Recalls: Companies Should Consider Launching Recalls Without the CPSC During the Government Shutdown

Now in its fifth week, the partial government shutdown has left many companies wondering what to do about recalls for consumer products. Generally, consumer product companies work in coordination with the U.S. Consumer...more

Costco Agrees to $3.85 Million Civil Penalty for Failure to Report, Accepted by Unanimous CPSC Vote

On Friday, October 5, 2018, the U.S. Consumer Product Safety Commission (“CPSC”) announced that Costco Wholesale, Corp. (Costco) entered into a settlement agreement with the CPSC to pay a $3.85 million civil penalty for its...more

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