Microplastics pollution has emerged as a significant issue as the public learns more about the presence of microplastics in the environment and how they may enter the human body. In recent years, Congress has considered measures to address microplastics pollution, including a bill requiring the Food and Drug Administration to study the health effects of
On August 5, 2025, the CPSC and the DOJ announced a defunct New Jersey importer of consumer appliances pled guilty to one count of willfully violating the Consumer Product Safety Act for its failure to report dangerous defects in portable air conditioners that had been linked to multiple fires and one death.Continue Reading When Silence Speaks: How Saying Nothing Led to a Defunct New Jersey Importer Pleading Guilty to Criminal Charges for Failing to Report to the CPSC
More than 200 businesses across California have been served with Notices of Violation (NOVs) of California’s Proposition 65 (“Prop 65”) for issuing thermal receipts at the register and using thermal labels and stickers in their stores. The targeted businesses include large and small retailers, restaurants, banks, gas stations, and grocers. This sudden influx of NOVs
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
On October 1, 2021, the California Department of Toxic Substances Control (“DTSC”) published a proposed regulation that would list Nail Products Containing Toluene as a Priority Pollutant under its Safer Consumer Products (“SCP”) program.
Comments will be accepted by the DTSC respecting the proposed regulation until November 18, 2021.
The proposed regulation is aimed specifically at nail salon workers as well as pregnant women and their fetuses, infants, children and adolescents.
The rationale behind DTSC taking this action at this time, in part, is that these populations, within the specific context of nail salons currently under consideration, are deemed “sensitive subpopulations” pursuant to 22 Cal. Code Regs. § 69501.1(a)(64), as well as comprising a significant percentage of persons of color and/or persons of lower socioeconomic status, as set forth in Cal. Gov’t Code 65040.12(e) (“Environmental Justice”).
The proposed regulation covers nail coatings and nail polish thinners, including an array of specific types of coatings, including solvent or UV base coating, top coating, lacquer, gel nail polish, hard gel, shellac, nail art paint, and nail polish thinner, and thus is quite comprehensive in scope.
Continue Reading DTSC Proposes Adding Toluene-Containing Nail Products To SCP Priority Pollutants
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 International Consumer Product Health and Safety Organization’s 2017 Annual Meeting & Training Symposium is being held February 20-23, 2017 in Orlando, Florida. The theme for this year’s meeting is “Evaluating & Managing Risk.”
Cheryl Falvey, former general counsel of the Consumer Product Safety Commission (CPSC)
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