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
As we approach the holiday season, the FTC reports the launch of the public comment portal for its proposed rule on junk fees, a request for information on cloud computing, and a public challenge seeking innovative ideas for addressing voice cloning. The Bureau of Consumer Protection announced that it issued warning letters to health influencers for failing to disclose material connections, and that it proposed a settlement order with a communications company for failing to protect sensitive consumer data. All this and more, after the jump.Continue Reading FTC Updates (November 13 – November 17, 2023)
As we enter November and turn our clocks back, the FTC has not slowed its enforcement efforts. The Bureau of Consumer Protection announced multiple settlements resulting in millions in consumer refunds with an apparent focus on the credit, loan, and debt collection industries. Further, the FTC released multiple annual reports including its Do Not Call Registry Data Book. This and more, after the jump.Continue Reading FTC Updates (October 30 – November 3, 2023)
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
Last Thursday, April 6, the Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) sued SunSetter Products LP (SunSetter) in a Massachusetts federal court in a rare civil penalty lawsuit. SunSetter manufactures motorized retractable awnings for outdoor use. The Government alleges in its complaint that SunSetter knowingly failed to timely report under Section 15(b) of the Consumer Product Safety Act (CPSA) a hazardous defect related to vinyl covers for its retractable awnings. The complaint seeks permanent injunctive relief, including a third-party monitorship over the company, and civil penalties.Continue Reading CPSC Seeks Civil Penalty Against SunSetter in Rare Federal Court Action
Since the start of the year, voluntary recalls have led to early dismissals in several putative class action cases. Courts issuing these rulings have based their decision on one of two grounds: (1) the prudential mootness doctrine, and (2) lack of Article III standing.Continue Reading Recall Litigation Report: Voluntary Recalls Continue To Lead To Early Dismissal