News & Analysis as of

Consumer Product Safety Act (CPSA) Product Recalls

Mintz

Game Changer: Amazon.com is Legally Responsible for Third-Party Seller Recalls (For Now)

Mintz on

On July 30, 2024, the Consumer Product Safety Commission (CPSC) issued a Decision and Order against Amazon, finding that Amazon is a "distributor" of third-party products, as defined by the Consumer Product Safety Act (CPSA),...more

Bergeson & Campbell, P.C.

CPCS Finds Amazon Responsible under CPSA for Hazardous Products Sold by Third-Party Sellers on Amazon.com

The U.S. Consumer Product Safety Commission (CPSC) announced on July 30, 2024, that it issued a Decision and Order against Amazon.com, Inc. (Amazon). CPCS states that, in a unanimous vote, it “determined that Amazon was a...more

ArentFox Schiff

Merry and Bright: Health Canada Recalls Artificial Christmas Trees for Potential Burn or Fire Hazard

ArentFox Schiff on

For folks who can’t wait for Christmas, when to put up their tree can be a dilemma. Should they wait until after Thanksgiving? December 1? Or throw all caution to the wind and put up their decorations as soon as the last...more

Cooley LLP

The Jury Has Spoken: Two Executives Convicted in Groundbreaking Consumer Product Safety Prosecution

Cooley LLP on

In November 2023, a jury convicted two corporate executives of conspiracy and failure to report information about defective residential dehumidifiers as required by the Consumer Product Safety Act (CPSA). The jury verdict is...more

Harris Beach PLLC

Consumer Product Safety Commission Penalizes Peloton for Reporting and Safety Failure

Harris Beach PLLC on

On January 5, 2023, the Consumer Product Safety Commission (CPSC) reported Peloton agreed to pay a $19,065,000 civil penalty as a settlement regarding its Tread+ treadmill, approximately a year and a half after the CPSC and...more

Harris Beach PLLC

Safe Sleep for Babies Act Prohibits Inclined Sleepers and Crib Bumpers

Harris Beach PLLC on

On May 16, President Biden signed the Safe Sleep for Babies Act into law, less than two weeks after being passed by Congress. The Act addresses the controversy around inclined sleepers and crib bumpers for infants by banning...more

Bergeson & Campbell, P.C.

CPSC Sues Amazon to Force Recall of Hazardous Products Sold on Amazon.com

The U.S. Consumer Product Safety Commission (CPSC) announced on July 14, 2021, that it filed an administrative complaint against Amazon.com, “the world’s largest retailer, to force Amazon to accept responsibility for...more

Faegre Drinker Biddle & Reath LLP

Pushing Back Against the CPSC – Is a Mandatory Recall on the Horizon for Peloton’s Treadmills?

The U.S. Consumer Product Safety Commission (CPSC) and Peloton Interactive, Inc. (Peloton) are clashing over whether the media, technology, and fitness company should issue a recall of its treadmill, the Peloton Tread+. The...more

Mintz - Consumer Product Safety Viewpoints

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

Nilan Johnson Lewis PA

10 Considerations for Personal Transportation Customer and Vendor Agreements

Nilan Johnson Lewis PA on

Manufacturers of personal transportation and other micromobility devices—as well as providers of sharing networks for such devices—can save hundreds of thousands of dollars in litigation fees by taking proactive steps to...more

Nilan Johnson Lewis PA

Liability for Allegedly Unnecessary Product Recall?

Nilan Johnson Lewis PA on

The conventional advice to manufacturers and retailers of consumer products when assessing a potential product safety issue is typically as follows: “When in doubt, report.” And while it is still generally good advice to err...more

Kelley Drye & Warren LLP

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

Morrison & Foerster LLP - Class Dismissed

Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9 Million Penalty in DOJ/CPSC Tag-Team Enforcement...

A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA). The court’s 23-page opinion is a strong...more

Kelley Drye & Warren LLP

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

Kelley Drye & Warren LLP on

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

Mintz - Consumer Product Safety Viewpoints

CPSC Round-Up: Buerkle Confirmation Hearing, Landmark Civil Penalty Ruling, and Partisan Action on Flame Retardants

Over the past few weeks, there have been many key goings-on related to the CPSC and its Commissioners....more

Morrison & Foerster LLP - Class Dismissed

Rare Court Decision in CPSC-Backed Enforcement Action

A federal district court in Wisconsin recently ruled against a product manufacturer, finding it liable for failing to report timely in a rare U.S. Consumer Product Safety Commission (CPSC)-backed lawsuit. United States v....more

Mintz - Consumer Product Safety Viewpoints

CPSC Reaches Second Civil Penalty Agreement in As Many Weeks; Sunbeam Products to Pay $4.5 Million to Resolve Late Reporting...

The U.S. Consumer Product Safety Commission (CPSC) is set to announce yet another civil penalty settlement. Sunbeam Products d/b/a Jarden Consumer Solutions (Sunbeam or the Company) has agreed to pay a $4.5 million civil...more

Stinson LLP

The Continuing Saga Surrounding Magnet Sets: Proof of the CPSC's Determination to Eradicate Hazards to Children

Stinson LLP on

The Consumer Product Safety Commission (CPSC) has made it very clear over the last several years that it takes hazards associated with rare earth magnet sets very seriously, primarily because the hazards affect children. Rare...more

Mintz - Consumer Product Safety Viewpoints

What is CPSC’s Statute of Limitations for Civil Penalties? That’s a Gabelli Question

After filing a Section 15(b) report and conducting a recall with the Consumer Product Safety Commission (“CPSC”), it is not uncommon for a company to wonder whether it timely filed its report under the Consumer Product Safety...more

Mintz - Consumer Product Safety Viewpoints

Federal Court Makes No Exceptions for “Commodity Products” and Orders Zen Magnets to Stop Selling Previously Recalled Magnets

There have been many twists and turns over the past four years concerning the CPSC’s regulation of certain high powered, rare-earth magnet sets and its litigation against various entities selling these magnets. In the latest...more

Kelley Drye & Warren LLP

Health Canada Releases Guidance for Industry on Its Reporting Obligations

Recently, Health Canada released guidance to help companies understand their reporting obligations under section 14 of the Canada Consumer Product Safety Act, which requires that sellers, distributors, importers, and...more

Morrison & Foerster LLP

Recall, Enforce, Repeat! CPSC and DOJ Team Up for Another Enforcement Action

The United States Consumer Product Safety Commission (CPSC) continues to escalate its enforcement efforts. Last week, the United States Department of Justice, on behalf of CPSC, filed suit against Spectrum Brands, Inc....more

Mintz - Consumer Product Safety Viewpoints

CPSC Files Suit for Second Time in Three Months against a Company for Alleged Failure to Timely Report Defective Product

On Wednesday of last week, the Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) announced that a complaint has been filed in federal court against Spectrum Brands, Inc. (Spectrum). Notably, this is...more

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