Recalls in Review: A monthly spotlight on the trending regulatory enforcement issues at the CPSC.

As children head back to the classroom this Fall, the CPSC issued a news release reminding parents to “Think Safety First” as kids return to schools.  Recognizing that many back-to-school shopping carts also include new clothes and pajamas, we look back at CPSC regulatory actions involving Children’s Sleepwear in this month’s installment of “Recalls in Review.”

The Consumer Product Safety Commission has regulated the flammability of children’s sleepwear since at least the 1970s.  In addition to other safety standards imposed on children’s products, children’s sleepwear is governed by Federal Safety Standards for the Flammability of Children’s Sleepwear based on sizing of the garments (16 CFR Part 1615 and 16 CFR Part 1616).  The regulations apply to any product of wearing apparel, such as nightgowns, pajamas, or similar or related items, such as robes, that is intended to be worn primarily for sleeping or activities related to sleeping.  Specific items—including diapers, underwear, and certain infant tight-fitting garments—are exempted from the definition of children’s sleepwear.

The CPSC began monitoring the safety of children’s sleepwear more closely in 2011.  At least 82 recalls of children’s sleepwear have been conducted since 2001, with 77 of those recalls occurring after 2010.  Only a handful of related recalls were conducted prior to 2001.  However, at least 11 civil penalties relating to children’s sleepwear were issued between 1980 and 2001, with somewhat dated fines ranging from $3,500 to $850,000.


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Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

As we launch into the third quarter of 2021, we have taken a look back to identify and highlight trends from the CPSC’s recalls through the first half of the year.  The Commission has conducted 134 total recalls so far this year—about ten fewer recalls than in the first half of 2020.  The types of products recalled vary widely, including ATVs and UTVs, bicycles, kitchen appliances and cooking utensils, exercise equipment, toys, essential oils, portable generators, charging cords, and heavy machinery, among many others.

Some product categories have appeared on a repeat basis this year, including: furniture, recreational vehicles, such as ATVs, UTVs, and motor bikes, and children’s clothing.  The Commission has recalled furniture and recreational vehicles at a fairly consistent rate since January. The rate of recalls for recreational vehicles, which have historically been highly regulated, is on par with 2020 and past years as well.  However, the recalls of children’s clothing began much later in the year.  That upswing is largely attributable to recalls of children’s jackets and sleepwear.


Continue Reading Recalls in Review: Recall Trends in 2021

Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

Although members of the House and Senate don’t agree on everything lately, they have come together in efforts to ensure safety of products intended for use by infants and small children.  In today’s installment of “Recalls in Review,” we look back at CPSC regulatory actions involving Pacifiers and Pacifier Accessories.

A pacifier rule was first proposed by the Food and Drug Administration in 1972 before the Federal Hazardous Substances Act was transferred to the CPSC.  The CPSC has regulated pacifiers and pacifier accessories regularly since 1976, when the Commission proposed a substantially revised regulation after investigations by CPSC staff revealed at least eight infant deaths associated with pacifiers.  Pacifiers must now comply with the Federal Safety Standard for Pacifiers, 16 CFR Part 1511, and the U.S. Toy Standard, ASTM F963-17.  And although pacifier clips do not fall under the definition of “pacifiers” in the safety standard, they must still meet separate children’s product safety requirements, such as the Small Parts regulation (16 CFR Part 1501).  Additionally, pacifiers may not be sold with any ribbon, string, cord, or similar attachment.

At least sixty-six pacifier-related products have occurred to date, with thirty-two of the recalls occurring since 2001.  Enforcement has been roughly consistent over the years; the largest number of recalls in any single year totaled six recalls in 2009.


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Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

As more communities lift pandemic-based restrictions on travel and social gathering sizes, Americans will increasingly begin moving homes and renovating furnished rental and guest rooms—which often includes replacing older mattresses.  Historically, mattresses were highly flammable and contributed significantly to house fires, leading Congress to address the safety concern through its enactment of the Flammable Fabrics Act (FFA) in the 1970s.

Through the FFA, the Consumer Product Safety Commission has authority to regulate mattresses and mattress pads, including setting a federal flammability standard (16 C.F.R. § 1632), which was promulgated in 1973 to require ignition resistance of mattresses and mattress pads to smoldering cigarettes.  The standard applies to mattresses—including traditional mattresses of all sizes, crib mattresses, futons, mattresses in sleeper sofas and campers, and water bed and air mattresses containing upholstery materials—and mattress pads and covers.  The federal Standard for the Flammability (Open-Flame) of Mattress Sets (16 C.F.R. § 1633), which became effective in 2007, was designed to increase the time that consumers have to discover and escape bed fires by limiting the size of the fire generated by a mattress set.  Mattresses must meet the performance, labeling, and record keeping requirements of both standards as applicable before the products can be entered into commerce in the United States.


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Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

As people increasingly turn to online shopping over traditional brick-and-mortar stores, consumers, safety advocacy groups, and regulators alike have begun to pay more attention to the authenticity and safety of products.  One particular concern is the presence of lead in consumer

Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

The demand for consumer exercise equipment soared over the past year as Americans sought out ways to stay in shape while spending more time at home.  As more Americans create their own “home gyms” and purchase exercise equipment such as stationary

Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

Extended time spent at home over the past year has encouraged many Americans to update, redecorate, and renovate their living spaces.  As more people choose to “DIY” their home renovations in lieu of hiring professional services, we turn our attention in

Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

As winter temperatures continue to drop and we’re all looking for a way to feel cozy, many Americans reach for candles as a way to bring some light into their homes during these dark months.  We don’t need to detail why

Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

“Smart” homes and personal electronic devices are no longer a futuristic ideal.  Millions of internet-connected phones, TVs, wearable fitness trackers, home security devices, home appliances, and digital assistants are in use in the United States today.  The internet of things (“IoT”) is the use of network sensors in physical devices to allow for remote monitoring and control.  These devices have made great strides in making our lives more convenient.  But interconnectivity and data collection can also have serious security and privacy implications.

Despite the dramatic increase in the number of IoT products purchased by American consumers over the past few years, the law is slower in addressing any potential hazards posed by IoT technologies.  However, we expect to see more IoT product-related regulations enacted at the federal level over the next few years. We recently wrote about the new Internet of Things Cybersecurity Improvement Act, which was signed into law on December 4, 2020. The legislation charges the National Institute of Standards & Technology (NIST) with drafting and finalizing security requirements for IoT devices.


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Recalls in Review: A monthly spotlight on trending regulatory enforcement issues at the CPSC.

If you have ever owned a laptop or hoverboard self-balancing scooter, you’ve likely seen numerous headlines about the lithium-ion batteries overheating, melting, or igniting.  We recently wrote about ways in which companies can mitigate risks and execute recalls related to lithium ion batteries.  In today’s installment of “Recall’s in Review,” we look back at CPSC regulatory actions involving lithium-ion batteries.

The batteries have become a highly regulated product over the last several years.  The Commission has conducted at least 64 recalls involving lithium-ion batteries since 2006.  The number of recalls rose substantially in 2016 and 2017, many of which were related to the rechargeable lithium-ion batteries inside hoverboards and laptop computers.  The Commission took a more active role in warning consumers about the hazards posed by the batteries after two incidents of overheating lead to serious house fires in March and October of 2017.

Only one civil penalty relating to lithium-ion batteries has been issued by the Commission, in early 2012. The manufacturer was fined $425,000 for failure to timely report that certain lithium-ion battery packs could overheat.
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