News & Analysis as of

Consumer Product Safety Improvement Act (CPSIA)

Foley & Lardner LLP

2024 CPSC and FDA Enforcement Trends

Foley & Lardner LLP on

The enforcement trends of 2023 have continued into 2024, especially with respect to the U.S. Consumer Product Safety Commission (CPSC or Commission) and the U.S. Food and Drug Administration (FDA or Agency). Both have ramped...more

Morrison & Foerster LLP

CPSC at ICPHSO: Office of Compliance Activity

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

King & Spalding

The Issue of Phthalates in Food Packaging and Processing Heats Up

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In recent decades, the use of plastics has proliferated. Overall, they have shown to provide a cost-friendly, durable and versatile solution to many consumer needs across virtually all categories of products regulated by the...more

Mintz - Consumer Product Safety Viewpoints

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

Bergeson & Campbell, P.C.

CPSC Requests Comments on Possible Improvements to SaferProducts.gov, Will Hold Public Hearing

The U.S. Consumer Product Safety Commission (CPSC) published a Federal Register notice on February 11, 2019, announcing that it will hold a public hearing to receive information from interested parties about possible changes...more

Morrison & Foerster LLP - Class Dismissed

CPSC Issues Final Rule Expanding Phthalate Ban

Nearly ten years after the first three phthalates were banned from children’s toys by Congress, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule on October 27 prohibiting five more. The rule bans the...more

Bergeson & Campbell, P.C.

CPSC Final Rule Prohibits Children’s Toys and Child Care Articles that Contain Specified Phthalates, Removes Interim Prohibition...

On October 27, 2017, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule prohibiting children’s toys and child care articles that contain specified phthalates. The rule caps off almost a decade of effort...more

Beveridge & Diamond PC

CPSC Expands Phthalate Restrictions in Toys and Child Care Articles

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This week, the U.S. Consumer Product Safety Commission (CPSC) voted to expand existing phthalate restrictions in children’s toys and child care articles. ...more

Miles & Stockbridge P.C.

Third-Party Testing of Children's Products for Phthalates No Longer Required for Certain Plastics

The U.S. Consumer Product Safety Commission (“CPSC”), by unanimous vote, has approved a final rule providing that seven plastics in children’s toys and child care articles will no longer require third-party testing because...more

Morrison & Foerster LLP - Class Dismissed

New CPSC Safety Standard on Baby Slings

In early January, the U.S. Consumer Product Safety Commission (CPSC) adopted a new federal safety standard for infant sling carriers. 82 Fed. Reg. 2326-1 (Jan. 9, 2017). CPSC’s new rule follows its 2010 warning that baby...more

Stinson LLP

The Road to Recall: Evaluating Defects for Substantial Product Hazard

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The U.S. Consumer Product Safety Commission (CPSC or the Commission) is the regulatory agency responsible for protecting the public from unreasonable risks of injury and death associated with consumer products. Pursuant to...more

Stinson LLP

Rubber Ducks, Teethers and More: A Guide to Current and Proposed Regulations of Phthalates in Children's Products

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Phthalates are chemicals that provide flexibility and durability to a variety of products. They have historically been used in children's toys, particularly those made of flexible plastics. Phthalates soften plastics,...more

Stinson LLP

Co-sleeping Safely: A Guide to the Current Regulations of Infant Bedside Sleepers

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The bedside sleeper, also called a "co-sleeper" or "co-sleeping bassinet," provides a baby and parent their own sleeping experiences while still enabling the parent to be in close proximity to the baby. This product is most...more

Stinson LLP

The First Baby Bed: A Guide to Current and Proposed Regulations of Bassinets

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Have you ever wondered which type of children's product has the longest history? As far as children's sleeping products are concerned, the bassinet is probably the most time-honored staple. Iron baby beds were developed in...more

Stinson LLP

The Modern Play Pen: A Guide to the Current and Proposed Regulations of Play Yards

Stinson LLP on

On May 12, 1998, 16-month-old Danny Keysar died after his portable crib, also known as a play yard, collapsed while he was napping at his licensed childcare facility in Chicago. When the play yard collapsed, Danny's neck had...more

Stinson LLP

Complying with Children's Products Safety Rules and Regulations

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As we head into the busiest time of the year for consumer purchases of children's toys and games, it is important to be mindful of the rules and regulations governing children's products' safety. Below are just a few of the...more

Stinson LLP

Federal Preemption of State and Local Laws Governing Children's Products

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In January 2015, Albany County became the first of several municipalities in New York to enact a version of the “Toxic Free Toys Act” ("the Act") prohibiting any amount of six heavy metals and benzene in children’s products...more

Stinson LLP

Children's Products: Safety Regulations Governing Rattles and Magnet Sets

Stinson LLP on

Through the Consumer Product Safety Improvement Act (CPSIA) and other federal statutes, the Consumer Product Safety Commission (CPSC) has promulgated regulations governing the manufacture and sale of children's products in...more

Bryan Cave Leighton Paisner

CPSC Makes the Right Move: Eliminates Need to Certify Compliance with Flammability Standards for “Inherently Safe” Adult Clothing

The Consumer Product Safety Commission (CPSC) is giving some manufacturers and importers of adult clothing a break: eliminating the requirement that they issue certificates of compliance for fabrics that have already been...more

Mintz - Consumer Product Safety Viewpoints

CPSC Public Database: A 2011 Change to the Procedure for Filing Materially Inaccurate Information Claims that Can Easily be...

President Obama signed Public Law 112-28 (“PL 112-28”) into law on August 12, 2011. PL 112-28 amended numerous provisions of the Consumer Product Safety Improvement Act (“CPSIA”). One such amendment made a notable change to...more

Stinson LLP

2016 Emerging Issues in the Children's Products Industry

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Many emerging issues impacting children's products and the juvenile products industry are anticipated this year. We may see new regulations promulgated by the Consumer Product Safety Commission (CPSC or Commission), the...more

Stinson LLP

Children's Products: Branding and Trademark Considerations

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The Consumer Product Safety Improvement Act (CPSIA) and the Child Safety Protection Act (CSPA) were enacted to establish regulations and testing requirements for children’s products. While there are no express restrictions...more

Stinson LLP

Children's Products: A Discussion of the Regulations Governing Lead Content

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Lead poisoning in children has been found to cause adverse health effects ranging from hyperactivity to developmental delays, blindness and even death. See 16 C.F.R. § 1303.5. Even minimally elevated blood lead levels in...more

Stinson LLP

Children's Products: An Analysis of Small Parts Regulation and Choking Hazards

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The Consumer Product Safety Commission (CPSC), through the Consumer Product Safety Improvement Act (CPSIA) and other federal regulations, has established specific requirements for the manufacture and sale of all children's...more

Stinson LLP

What is a Children's Product?

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Children's products are regulated by the Consumer Product Safety Commission ("CPSC" or the "Commission") through the Consumer Product Safety Improvement Act ("CPSIA") and other federal statutes. But what is a "children's...more

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