Leachco, a small family-owned business in Oklahoma that manufactures and sells infant lounging products, recently won a rarely litigated issue against CPSC. In July 2024, an administrative law judge (ALJ) denied relief sought...more
On October 21, 2024, the Supreme Court declined to hear a challenge to the structure of the Consumer Product Safety Commission (CPSC). As we explained in a previous blog post, under CPSC’s current structure, the president of...more
12/4/2024
/ Chevron Deference ,
Civil Liberties ,
Consumer Product Safety Commission (CPSC) ,
Denial of Certiorari ,
Executive Branch ,
Executive Powers ,
Federal Trade Commission (FTC) ,
FOIA ,
Loper Bright Enterprises v Raimondo ,
Malfeasance ,
SCOTUS
On September 18, 2024, the Consumer Product Safety Commission (CPSC) unanimously approved a new mandatory standard for nursing pillows designed to address risks presented by suffocation, entrapment, and fall hazards...more
In an open letter published on September 3, 2024, Consumer Product Safety Commission (CPSC) Commissioners Peter Feldman and Douglas Dziak called for an investigation into foreign-owned e-commerce platforms Shein and Temu to...more
12/4/2024
/ Baby Products ,
China ,
Consumer Product Safety Commission (CPSC) ,
De Minimus Doctrine ,
Digital Services ,
E-Commerce ,
Enforcement ,
Enforcement Actions ,
Federal Bans ,
Foreign Corporations ,
Importers ,
Popular ,
Retailers ,
Singapore ,
Third-Party
During September 2024’s “Baby Safety Month,” the Consumer Product Safety Commission (CPSC) published its annual report detailing injuries and deaths associated with nursery products among children under the age of five. CPSC...more
In a disappointing, yet somewhat unsurprising, turn of events, the Consumer Product Safety Commission (CPSC) has refused to retract Commissioner Richard Trumka’s unilateral statements earlier this year encouraging retailers...more
The Consumer Product Safety Commission (CPSC) is seeking to mandate voluntary safety standards for infant/toddler rockers. In October 2023, CPSC published a notice of proposed rulemaking (NPR) to address associated risks....more
The Consumer Product Safety Commission (CPSC) recently released a detailed proposal and is seeking comments for new regulations governing button cell and coin batteries in toys intended for children under 14 years of age....more
On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon...more
The House Subcommittee on Innovation, Data, and Commerce (the “Subcommittee”) recently held a hearing on the Consumer Product Safety Commission’s (CPSC) budget, which was cut by $1.525 million from Fiscal Year (FY) 2023 to...more
In January of 2023, Commissioner Richard Trumka Jr. of the Consumer Product Safety Commissioner (CPSC) ignited a political debate over an unlikely subject: gas stoves. During an interview with Bloomberg on January 9, 2023,...more
On July 18, 2024, the New Civil Liberties Alliance (NCLA), a nonprofit civil-rights organization, filed an amicus curiae brief, encouraging the Supreme Court to grant certiorari to Consumers’ Research v. Consumer Product...more
On July 25, 2024, Representative Roger Williams, Chairman of the House Committee on Small Business (the “Committee”), informed Consumer Product Safety Commission (CPSC) Chairman Alexander Hoehn-Saric that the Committee has...more
The Consumer Product Safety Commission (CPSC) launched a new online Business Product Safety Complaint portal through which a business can anonymously alert CPSC of competitor products in the marketplace that businesses...more
In early May 2024, the New Civil Liberties Alliance (NCLA) notified the U.S. Consumer Product Safety Commission (CPSC) that it intended to file suit against CPSC and CPSC Commissioner Richard Trumka for allegedly violating...more
Lithium-ion batteries are rechargeable batteries, commonly found in devices used every day, including cell phones, e-cigarettes, and laptops. Lithium-ion batteries are also found in electric vehicles, e-scooters, and other...more
The U.S. Consumer Product Safety Commission (CPSC or the “Commission”) has scheduled a public hearing on May 8, 2024, to hear stakeholders’ views on the Commission’s priorities for fiscal years 2025 and 2026. This annual...more
In this final installment of our series (see part 1, part 2, and part 3) discussing CPSC’s presence at the 2024 International Consumer Product Health and Safety Organization’s annual symposium, we present two smaller, but...more
On January 25, 2024, Representative Jan Schakowsky (D-IL) introduced the Consumer Advocacy and Protection (CAP) Act, which would amend the Consumer Product Safety Act (CPSA) to increase the maximum civil penalty for a single...more
The use of electric vehicles (EVs) and micromobility devices (EMDs), e.g., electric scooters, electric bikes, and hoverboards, is on the rise and the accompanying potential risks of EVs and EMDs have become a new area of...more
3/22/2024
/ Artificial Intelligence ,
Connected Cars ,
Consumer Product Safety Commission (CPSC) ,
Cybersecurity ,
Department of Justice (DOJ) ,
E-Scooters ,
Electric Vehicles ,
Fires ,
Green Transportation ,
Greenhouse Gas Emissions ,
Incentives ,
Lithium Batteries ,
Public Safety ,
Safety Standards
This third installment of our series highlights regulators and other stakeholders’ growing focus on e-commerce platforms’ role in protecting consumers from unsafe products, as the percentage of online consumer product sales...more
On March 7, 2024, the U.S. Senate confirmed Doug Dziak as a Commissioner of the Consumer Product Safety Commission (CPSC), filling the final Commissioner seat that has remained vacant since Commissioner Dana Baiocco’s...more
This second installment of our series highlights CPSC’s Office of Compliance Activity and continued aggressive enforcement efforts. Multiple presenters emphasized CPSC’s continued aggressive enforcement. Commenters...more
The Consumer Product Safety Commission (CPSC) was well represented at the International Consumer Product Health and Safety Organization’s annual symposium in Orlando, which took place in February. Agency representatives...more
On December 20, 2022, the Federal Trade Commission (FTC) issued its Health Products Compliance Guidance (“Health Products Guidance”). This is the first update in nearly 25 years to FTC’s guidance regarding advertising claims...more