The Consumer Product Safety Commission (CPSC) has been in the media this month following the reinstatement of the three democratic CPSC commissioners (i.e., Mary Boyle, Richard Trumka Jr., and Alexander Hoehn-Saric) by the U.S. District Court for the District of Maryland. As discussed below, the democratic CPSC commissioners have advanced their majority agenda while their status and reinstatement winds its way through the court system. CPSC action remains strong on recall execution and the agency is soliciting information on several topics including their August priorities hearing, rulemaking and reducing regulatory burdens. Recall announcements for this month include those for: infant sleep products and highchairs, electric blankets, battery-powered tools and small appliances, pool covers and other equipment, and more. Continue Reading CPSC Regulatory Updates (June 2025)

On June 16, 2025, the first-ever sentences were handed down in a criminal prosecution for failure to report under the Consumer Product Safety Act (CPSA). Judge Dale S. Fischer of the U.S. District Court for the Central District of California sentenced two former Gree USA, Inc. (Gree USA) executives to 38 and 40 months in prison, respectively, for conspiracy to defraud the U.S. Consumer Product Safety Commission (CPSC) and for failure to report information related to defective dehumidifiers under Section 15 of the CPSA.Continue Reading Corporate Executives Are Sentenced in First-Ever Criminal Prosecution for Failure to Report Under the CPSA

On June 6th, Crowell hosted Former CPSC Chair Ann Brown and Former Congresswoman Gabby Giffords as they headlined a roundtable on the importance and impact of gun locks. This joint appearance spotlighted child safety and firearms as part of Gun Violence Awareness Month. Eighty percent of unintentional shootings in the United States are the result

On June 4, 2025, Crowell hosted its summer Crowell Atelier, a networking breakfast for luxury clients. Crowell’s Preetha Chakrabarti and Emily Kappers organized the event, which featured a presentation by Crowell partner Joanna Forster, a former e-commerce General Counsel and California state prosecutor. Joanna discussed potential reforms to Section 230 of the Communications Decency Act and possible state government activity that will follow from related federal actions, all of which may impact the retail industry.Continue Reading Crowell Atelier June 2025: What Luxury Retailers Need to Know About Possible Section 230 Reform

Register now to join Crowell & Moring and Allens partners Matthew Welling, Emma Wright, Rafi Azim-Khan, Evan Wolff, and Valeska Bloch on June 5, 2025 from 9:00 am EDT – 10:00 am EDT as they discuss the increasing number of cyberattacks targeting retailers in the U.S. and UK which have led to some high profile breaches. Known as “Scattered Spider,” this latest wave mirrors prior attacks in the U.S., UK, and Australia. Continue Reading Register Now! Scattered Spider Cybersecurity Attacks Webinar

Register now to join Joanna Rosen Forster, Joachim B. Steinberg, Preetha Chakrabarti, David Ervin, and Warrington Parker on June 11, 2025 from 12:00 pm EDT – 1:00 pm EDT as they discuss Section 230 and the implications for digital platforms, online businesses and e-commerce. Section 230 was enacted as part of the United States Communications Decency Act (CDA), providing immunity to interactive computer service providers for third-party content. Known as “the 26 words that created the internet,” this statute is responsible for the development of the modern internet as we know it. 

Recent calls by the DOJ, FTC, FCC, State AGs and even Congressional Leaders to reform, edit or take Section 230 enforcement in new directions signal a potential inflection point. The challenge for policy reform lies in balancing Section 230’s role in protecting online speech and fostering innovation with evolving concerns about platform accountability, consumer protection, and market efficiency in a data-driven economy.Continue Reading Register Now! Section 230: Implications for Digital Platforms, Online Businesses and E-Commerce Webinar

Two bills currently making their way through the California Legislature could, if passed, have far-reaching implications for how companies doing business in California price their goods and services. California Assembly Bill 325 (Aguiar-Curry) and Senate Bill 384 (Wahab), as drafted, seek broad prohibitions against the use, distribution of, and inputs into algorithmic pricing and supply software, even where there is no coordination among competitors on the use of such software or the setting of prices. Their enactment would reach every business that uses software applications to develop pricing, supply levels and other commercial terms in California. Crowell & Moring represents the California Chamber of Commerce (“CalChamber”) in monitoring, analyzing and responding to the proposed bills.Continue Reading California Considering Broad Bans on Pricing Software

On April 14, 2025, ClassPass, a web-based company offering subscription services to third-party fitness classes, petitioned for rehearing en banc of the Ninth Circuit’s Chabolla v. ClassPass decision, which held that ClassPass’ users were not bound by the terms of ClassPass’ “sign-in wrap” agreement. The ruling has significant consequences for online companies using sign-in wrap

On April 2, 2025, the U.S. Supreme Court extended the reach of Section 1964(c) of the Racketeer Influenced and Corrupt Organizations (RICO) Act by holding that a plaintiff may seek treble damages for a business or property loss resulting from a personal injury.[1] The 5-4 decision has resolved a 3-2 circuit split over whether