Consumer Product Safety

There have been recent calls for Congress to re-visit H.R. 2211, the “Stop Tip-overs of Un-stable, Risky Dressers on Youth Act” also known as the “STURDY Act.” Sponsored by Janice Schakowsky (Dem-IL 9th District), the bill was introduced in Congress last session and passed by the House on September 17, 2019 but never passed by the Senate. It would require the U.S. Consumer Product Safety Commission (“CPSC”) to promulgate a consumer product safety rule for free-standing clothing storage units to protect children from tip-over related death or injury.

As we indicated in our May 2020 analysis of dresser tip-overs, tip-overs have been a main focus for the CPSC and consumer advocacy groups in recent years. A CPSC report indicates that 571 people died from furniture tip-overs between 2000 and 2019, and 82% of those were children (ages ranged from 1 month to 14 years). A survey conducted by the CPSC showed that 41% of respondents did not anchor furniture in their homes.

Currently, there is no mandatory standard requiring manufacturers to test furniture to specific stability and safety standards. The current voluntary standard, ASTM F2057 – 19, is recognized by industry and the CPSC as required best practice in order to prevent tip-overs from dressers and other clothing storage units.
Continue Reading New Proposed Legislation to Prevent Furniture Tip-Over

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

Certain products, like toilet paper and disinfectant, flew off of store shelves when the country began responding to the current COVID-19 pandemic. In recent months, new and used bicycles have become one of the next “must have” items as people look for socially distant activities and alternative modes of transportation.

The CPSC has regulated bicycles and their component parts since the 1970s. Just last month, the Commission published a Safety Alert regarding bicycle handle bars– warning consumers to inspect their bicycle handlebars for sharp, exposed metal ends, which can pose a serious impalement hazard. At least six impalement deaths and 2,000 emergency room visits between 2000 and 2019 are linked to bicycle handlebars, according to the alert. Plastic or rubber grips on the ends of bicycle handlebars can prevent those injuries and CPSC’s regulation requires handlebar ends to be capped or otherwise covered.

The CPSC has conducted 253 recalls of bicycles and bicycle parts since 2001.[1]


Continue Reading Recalls in Review: Bicycle and Bicycle Part Recalls

Join Us For A Complimentary Webinar – Thursday, October 25, 2018 – 12:00 – 1:00 PM ET

Two years into the Trump Administration and:

  • The Consumer Product Safety Commission finally has a Republican majority,
  • the Department of Transportation has released its 3.0 guidance on autonomous vehicles,
  • NIST has published a 375 page recommendation on medical

Crowell & Moring is pleased to invite you to join us on October 19, 2011 for a dynamic conference entitled Product Risk Management: A Product Lifecycle Approach to Identifying, Mitigating and Managing Legal Risks. This one-day event will provide updates and guidance on the myriad legal issues related to product development, manufacturing and distribution and will be of particular value to In-house Counsel, Executive Officers and Compliance Officers.

Speakers scheduled to participate include representatives from the Federal Trade Commission, National Highway Traffic Safety Administration, U.S. Environmental Protection Agency, Crowell & Moring, the American Cleaning Institute, and companies such as Avaya, Inc., Graco Children’s Products, Inc., Dell, FMC Corporation, Oneida and Tesla Motors.


Continue Reading Join Us at Our Product Risk Management Conference in DC

Retailers will soon be in violation of a new consumer product safety rule if they are found to be selling children’s upper outerwear containing drawstrings. On July 1, the Consumer Product Safety Commission (“CPSC”) voted to approve a new consumer product safety rule listing children’s upper outerwear containing drawstrings to be a substantial product hazard pursuant to Section 15(j) of the Consumer Product Safety Act (“CPSA”). The new rule will go into effect 30 days after it is published in the Federal Register.
Continue Reading CPSC Votes to Ban Children’s Upper Outerwear with Drawstrings

On June 20, 2011, the Canadian Consumer Product Safety Act (CCPSA) took effect, and retailers who sell or distribute products in Canada will now need to include the CCPSA in their regulatory compliance considerations. This post offers some basic highlights of the new CCPSA for retailers facing product issues in Canada.


Continue Reading Canadian Consumer Product Safety Act Takes Effect

As of March 11, 2011, the Consumer Product Safety Commission (“CPSC”) will begin publishing “reports of harm” it receives on consumer products under its jurisdiction. Obviously, this will have wide-ranging impact on manufacturers and private labelers of consumer products. Now is the time to get procedures in place to handle the new database. We’ll be tracking developments on the CPSC’s implementation of its publicly available database.
Continue Reading CPSC Issues Draft Final Rule Establishing a Publicly-Available Product Safety Information Database