Companies should have robust procedures in place so they can quickly respond to the receipt of information concerning the safety of their product(s). Last month, we posted an article about best practices for collecting safety complaint data, which focused on how to gather and save data when a consumer safety complaint comes through the
New Technology is the New Wave in Consumer Protection: Is Your Company Ready?
As more organizations incorporate technology in newfound ways to increase efficiency and effectiveness, government agencies have done the same. Take, for instance, the CPSC’s new recall app, which makes recall information more accessible to consumers on their mobile devices. Now government agencies are looking towards companies to apply the latest technologies to protecting consumer
The Peril of the Unreported Coffee Pot: Why a Failure to Report Is a Continuing Violation
“The hallmark of the continuing offense is that it perdures beyond the initial illegal act, and that ‘each day brings a renewed threat of the evil Congress sought to prevent’…” Toussie v. United States, 90 S. Ct. 858, 864 (1970). In a ruling issued May 9, the Seventh Circuit determined that a failure
DOJ Indicts Two Executives for Failing to Report under Consumer Product Safety Act (CPSA)
On Friday, a federal grand jury in California returned an indictment against two business executives, Simon Chu and Charley Loh, for their alleged roles in distributing defective dehumidifiers and, critically, failing to report required information to the U.S. Consumer Product Safety Commission (CPSC). In announcing the indictment, the U.S. Department of Justice proclaimed that this
Straightening Your CAP After a Recall – Tips for Following a Corrective Action Plan
Our clients often ask us what happens after a recall has been completed and what to expect from a visit from a regional CPSC inspector. We advise to be prepared to demonstrate what actions were taken regarding the Corrective Action Plan (CAP). The main purpose of the inspection appears to be to provide confirmation that
Crowell & Moring’s Newly Released 2019 Litigation Forecast Provides Forward Looking Insights On Technology’s Impact On The Practice Of Law
Crowell & Moring has issued its seventh-annual “Litigation Forecast 2019: What Corporate Counsel Need to Know for the Coming Year.”
The Forecast provides concise, forward-looking perspectives on technological developments that can help corporate counsel identify the many opportunities and challenges ahead as they harness the power of technology. The Forecast further explores the
Government Shutdown Does Not Postpone CPSC Product Safety Reporting Obligations
Do not assume a government shutdown means that reporting obligations at the CPSC are on hold. While the Commission’s staff designated as essential personnel are dedicated to protecting against substantial, immediate or “imminent threats to human safety” under the Commission’s shutdown directive[1], they will be reviewing reports to make that determination. The obligation
Senate Confirms Peter Feldman to CPSC; Republicans Gain 3-2 Majority
Earlier this summer, President Trump nominated Republican Peter Feldman to serve as the fifth commissioner on the U.S. Consumer Product Safety Commission (CPSC). The Senate has now confirmed Mr. Feldman to both (1) serve out the remainder of former Commissioner Joe Mohorovic’s term, which expires in October 2019; and (2)
Check Your Spam Filters!: CPSC Has Automated FOIA Communications
You may have received an e-mail notice this week from the CPSC about the FOIA office’s new “Electronic Manufacturer Notification Collaboration Portal.” The main purpose of the Portal is to reduce costs by using e-mail instead of snail mail for Section 6(b) and other FOIA-related notifications.
Generally, automation of this process shouldn’t result in any meaningful changes in the FOIA notification and objection process. The Commission’s regulations allow firms to submit information with a request for confidential treatment. If the Commission receives a FOIA request for information previously designated confidential, the person who previously submitted the request for confidentiality is notified of the FOIA request and the need for quick response to protect that information from disclosure.
Given the quick turnaround time on requesting exemption from disclosure under FOIA, it is imperative for all industry players to make sure that the right contact is assigned – including someone in the Legal Department – to receive Portal notifications so your team can make quick decisions and take action if filing an objection with the CPSC is necessary. The same contact person used for the Clearinghouse or Saferproducts.gov is a good bet. But requesting an exemption under FOIA takes some analysis of the regulations. Was the information submitted under section 15? Is it a trade secret? And so, companies would be well advised to make sure they have a process in place and conduct a training program to protect confidential data from disclosure.
If you haven’t yet received any notifications about the new automated Portal, you should check in with the CPSC at cpsc-foia@cpsc.gov and provide contact information for the proper registration person. The full text of the notification recently sent by the CPSC is below:
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Soda Stays Safe in San Francisco
Ninth Circuit Blocks Sweet Drink Warning Labels Pending Free Speech Lawsuit
The Ninth Circuit dealt a blow to the war on sugar last month, calling the warning labels a San Francisco ordinance would require on sweet drinks “deceptive” and blocking the mandate on free speech grounds. As we have discussed before, cities and counties across the nation have been launching an offensive against sugar for years. Favorite methods of attack include bans on large sugary drinks, taxes on sugar in drinks by volume, and now, warning labels.
While the USDA, FDA, and American Heart Association all have backed policies aimed at limiting sugar consumption, these policies have received mixed reviews from consumers and courts. A state judge knocked down the New York City ban on large sodas in 2013, calling it “arbitrary and capricious.” More recently, sugar taxes have been protested by unions in Philadelphia, sparked class-action litigation in Illinois, and were outright repealed in Cook County after only three months of implementation because residents began crossing state and county lines to avoid them.