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
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
Yesterday, the U.S. Senate confirmed Doug Dziak by a voice vote to serve as a commissioner of the Consumer Product Safety Commission (“CPSC”). Mr. Dziak will be the second Republican to serve on the Commission presently joining his former boss Commissioner Peter Feldman. Notably, the Commission will once again have a full complement of five commissioners—Hoehn-Saric, Trumka, Boyle, Feldman, and Dziak. However, Commissioner Dziak’s ascendancy to the Commission will not change the balance of power as the Democratic commissioners will hold their 3-2 voting majority over the Republican commissioners.Continue Reading Senate Confirms Dziak to CPSC; Agency Back to Five Commissioners
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
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
Enacted in 2022, Reese’s Law (P.L. 117-171) mandates federal safety requirements for button cell or coin batteries. This law mandates various requirements for button cell or coin batteries as well as consumer products that have or can use such batteries. The requirements range from performance to labeling and certification. Our team’s previous blog posts on Reese’s Law can be found here and here.Continue Reading CPSC to Hold January 2024 Webinar on Reese’s Law and Button Cell and Coin Battery Requirements
On Friday, CPSC Chairman Alexander Hoehn-Saric gave a keynote address to the International Symposium of the International Consumer Product Health and Safety Organization (ICPHSO) in Almhult, Sweden. Hoehn-Saric focused his remarks on his stated goal for the third year of his term as chairman of the agency—addressing recalled or otherwise violative products sold on or through online marketplaces. In Hoehn-Saric’s view, consumers expect to purchase safe products on online marketplaces, and they should not need to know or discern whether a product is purchased directly from an online retailer or from an entity that has been provided access to consumers through the online platform. He complemented collaborative improvements by Amazon, eBay and Target but issued a call to action including adoption of “safety by design“ and legislative and regulatory protections.Continue Reading CPSC Chair Hoehn-Saric Focuses on Online Marketplaces at ICPHSO International Conference
On Thursday July 27, the CPSC will host a hybrid forum on lithium-ion battery safety, specifically focusing on fires in e-bikes and other micromobility products as well as the fire risks that may arise with the growing consumer market for other products containing such batteries.Continue Reading CPSC to Hold Forum on Lithium-Ion Battery Safety and Micromobility Products
On Wednesday afternoon, CPSC Chairman Alexander Hoehn-Saric addressed the annual conference of the International Consumer Product Health and Safety Organization (ICPHSO) for the second time as chairman. In his remarks, Hoehn-Saric looked back on his first year as chairman, including the recent controversy over gas stoves, and shared some of the agency’s priorities moving forward. But the central theme of Hoehn-Saric’s remarks could not have been clearer— consumers are first in everything the agency does. Continue Reading CPSC Chairman Addresses Gas Stoves and Other Issues at ICPHSO Conference
Here’s a brief review of key developments concerning the U.S. Consumer Product Safety Commission (“CPSC”) from last month. We look forward to seeing many friends at the Annual Meeting and Training Symposium of ICPHSO in two weeks. For those who are unable to make the conference, our team plans to share daily insights so stay tuned for more important product safety updates!
Decisional Meeting on Clothing Storage Units Addresses “Tip-Over” Issue. On January 19, the CPSC adopted, by a 4-0 vote, staff’s recommendation to issue a Notice of Proposed Rulemaking for Clothing Storage Units (CSUs) to address the “tip-over” issue. Notably, the Commission adopted two amendments to the proposed rule, both offered by Commissioner Richard Trumka Jr.
The first amendment pertained to the rule’s stockpiling provision. The rule presented by staff “prohibited manufacturers and importers of CSUs from manufacturing or importing CSUs that do not comply with the requirements of the proposed rule in any 12-month period between the date a rule is promulgated and the effective date of the rule at a rate that is greater than 120 percent of the rate at which they manufactured or imported CSUs during the base period for the manufacturer.” Trumka’s amendment defines the “base period” as one month out of the last 13 months with the median import or manufacture volume, and changes the percentage increase that is allowed under that base period from 120% to 105% in each month between the final rule and the effective date. It is intended to reduce the risk of stockpiling products. The Commission adopted the amendment by a vote of 4-0.
Continue Reading CPSC Insights – January 2022