The FDA will begin to enforce the Modernization of Cosmetics Regulation Act (MoCRA)’s facility and product registration requirements on July 1, 2024. MoCRA has a significant impact on U.S. cosmetic manufacturers and marketers (and suppliers of ingredients). Companies should initiate steps to implement compliant systems now. Is your company prepared? To help make sure you
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
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
Click here to listen to Rachel Raphael share her insights on the Modernization of Cosmetics Regulation Act (MoCRA) with Allison Stevenson, co-chair of the National Association of Women Lawyer’s (NAWL) Advocacy committee, on Episode 67 of the NAWL Podcast.
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
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
What if there was a way to easily see the raw materials and production process, environmental and social impact, and expected product performance of a consumer product by simply scanning a QR code? Would easy access to that information during the lifecycle of a consumer product, incentivize sustainable production and consumption, promote repair, refurbish, reuse and recycling, and reduce waste? This is the future contemplated by the European Commission’s Circular Economy Action Plan. A future that may be obtainable through the implementation of digital product passports.Continue Reading Digital Product Passports
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
Products are commonly recalled due to a hazard (i.e., a risk of harm), even where large swaths of consumers have never had a problem with the products they purchased. When those consumers then file suit, they often seek to recover economic harm based on the “benefit of the bargain” theory—because the recalled products that they previously purchased are now worth less than what they paid for them. Where a consumer does experience the hazard (i.e., suffers personal injury or property damage) and subsequently files suit, that suit often seeks to recover not just economic harm but also for personal injury or property damage. Regardless of the nature of the harm, the alleged injury naturally precedes any recall of the product.Continue Reading Recall Litigation Report: Consumer Lawsuit Alleges Electrolux Dehumidifier Caused Church Fire Years After Recall
On May 5, 2023, the U.S. Consumer Product Safety Commission (“CPSC”) announced that it agreed to a civil penalty settlement with Generac Power Systems, Inc., (“Generac”) to resolve charges that Generac failed to report immediately to the CPSC under Section 15(b) of the Consumer Product Safety Act (“CPSA”). Specifically, the CPSC alleged that certain models of Generac’s portable generators contained a defect that could create a substantial product hazard and unreasonable risk of serious injury to consumers. This settlement includes a $15,800,000 civil penalty, and requirements that Generac (1) implement and maintain a compliance program and system of internal controls and procedures designed to ensure compliance with the CPSA; and (2) file annual reports with the agency for the next three years regarding the Company’s compliance program, internal controls and procedures, internal audits of the effectiveness of the new compliance program and internal controls.Continue Reading CPSC and Company Reach Agreement on $15.8 Million Civil Penalty for Failure to Report