Consumer Products

Subscribe to Consumer Products via RSS
colorful leather handbags for sale

Last month, Senators Christopher Coons (D-Del.) and Chuck Grassley (R-Iowa), introduced a resolution designating July as “National Anti-Counterfeiting and Consumer Education and Awareness Month” (S. Res. 736). As counterfeits flood the market, totaling almost $3 billion in estimated retail value in 2023 alone, the resolution aims to increase anti-counterfeiting awareness for consumers and businesses alike.

In 2023, the United States seized over 23 million counterfeit goods, with an estimated retail value of $2.76 billion—nearly double the reported amount and value from 2020. Many things have contributed to this increase, including the continued expansion of e-commerce and a lack of consumer awareness.Continue Reading Keepin’ it Real: It’s National Anti-Counterfeiting Month

CPSC Logo

For the first time since the summer of 2019, the U.S. Congress is holding an oversight hearing for the United States Consumer Product Safety Commission (CPSC). On July 23, 2024 at 2:00 PM ET, the U.S. House of Representatives Energy and Commerce Innovation, Data, and Commerce Subcommittee is holding an oversight hearing titled “The Fiscal…

mocra white paper blog

Talc is a mineral ingredient used in many cosmetic and personal care products, including baby powder, root touch-up products, and blush. Because both talc and asbestos are naturally occurring minerals that may be found in close proximity in underground deposits, there is risk for contamination of asbestos in talc-based products.Continue Reading Talc About Toxic-Free Cosmetics

mocra white paper blog

As we have previously discussed, in recent years, consumers have increasingly demanded “cleaner” beauty products and more transparency in product labeling. In addition to the FDA’s increased authority to regulate cosmetics under MoCRA, a number of states have now taken steps to regulate ingredients in cosmetics by limiting, and in some instances even banning, the use of certain ingredients that may be potentially harmful or toxic.Continue Reading Is it Allowed? Companies Face New Challenges with an Ever-Evolving List of “Off Limits” Ingredients in Cosmetic Products

CPSC Logo

On April 30, 2024, the U.S. Consumer Product Safety Commission (“CPSC”) published a direct final rule related to pre-filled portable fuel containers and the Portable Fuel Container Safety Act (“PFCSA”), 15 U.S.C. 2056d. The Act directed the CPSC to require flammable, liquid fuel containers of fewer than five gallons and intended for transport to include devices that impede flames from entering the container. Congress gave the CPSC the authority to either promulgate a rule or adopt an existing standard. Additionally, the Act requires the CPSC to educate consumers about dangers associated with using or storing such containers near an open flame or a source of ignition.Continue Reading Changes to CPSC’s Portable Fuel Container Safety Act Regulation Could Come as Soon as This Summer

Household Kitchen Home Appliances

Introduction

The DOE in 2023 significantly increased its enforcement activity against manufactures and importers alleged to have violated EPCA’s energy and water conservation standards and related certification requirements, based on available public information. As we previously flagged, the substantial rise in enforcement activity comes as the Biden Administration increasingly focuses on EPCA as a means of achieving environmental policy objectives, including reducing carbon emissions. The Department has continued its enforcement efforts in 2024 and early data from this year sheds light on the Department’s enforcement priorities.Continue Reading Appliance Standards: Steep Increase in Department of Energy Enforcement Cases Puts Appliance Manufacturers and Importers at Financial Risk

CPSC Logo

Greetings from Orlando, FL! The Crowell product safety team is currently attending the annual meeting and training symposium of the International Consumer Product Health and Safety Organization (ICPHSO). We just heard keynote remarks from the Chair of the U.S. Consumer Product Safety Commission (CPSC), Alexander Hoehn-Saric, and wish to share some highlights. As he did in October 2023 at the ICPHSO International Conference in Sweden, Chair Hoehn-Saric focused his remarks on addressing products sold on or through online marketplaces.

Chair Hoehn-Saric first set the stage by sharing some important data points. In 2023, the CPSC announced more than 300 product recalls; levied more than $52 million in civil penalties; engaged in 14 new mandatory safety standard rulemakings; screened more than 60,000 harmful products at the ports; and participated in numerous safety education campaigns. He also noted the budget uncertainty at the CPSC and the need to “do more with less” and stated that the CPSC will always “put consumers first” as they prioritize their work should the CPSC budget decrease.Continue Reading CPSC Chair Hoehn-Saric Addresses Annual Product Safety Conference  

Label of a hazardous flammable chemical in a scientific laboratory

On January 31, 2024, EPA Administrator Michael Regan signed two proposed rules related to per- and polyfluoroalkyl substances (PFAS) and corrective action authority under the Resource Conservation and Recovery Act (RCRA). These rulemakings follow from a 2021 announcement covered in a prior Crowell client alert, adding to the growing number of pending PFAS-related proposals submitted by EPA.Continue Reading EPA Continues to Push Toward Regulation of PFAS By Proposing Two More New Rules Under RCRA

webimage-A3D60782-78F0-4713-90709CC6D47843E2

On January 25, 2024, Rep. Jan Schakowsky (D-Ill.) and Sen. Peter Welch (D-Vt.), introduced the Consumer Advocacy and Protection (CAP) Act in the U.S. House of Representatives (HR 7096) and U.S. Senate (S 3667). The CAP Act aims to deter companies from committing safety violations by increasing CPSC’s penalty authority.

Under current law, manufacturers, importers, and distributors of consumer products are required to report immediately to the CPSC information that reasonably supports the conclusion that a product contains a defect that could create a substantial product hazard or an unreasonable risk of serious injury or death. If violations occur, the applicable civil penalty is a maximum of $100,000 per individual violation and $15,000,000 for a series of related violations. These amounts were adjusted for inflation in 2021, reaching $120,000 per violation and $17,150,000 for a series of related violations.Continue Reading New Bill Could Mean Higher Penalties for Failure to Report Safety Concerns

On February 27, Meshach Rhoades will speak at the Consumer Brands CPG Legal Forum on the panel, “State Action: Complying with a New Environment of Packaging and Chemical Laws.” This discussion will explore packaging proposals centered on recyclability and chemical bans that have created new compliance requirements for CPG companies. Panelists will offer a bicoastal…