Retail & Consumer Products Law Observer

Retail & Consumer Products Law Observer

Legal Insight for the Retail and Consumer Products Industry

Tag Archives: CPSC

CPSC Withdraws Material Misrepresentation Claim against Michaels Stores in Shattered Vases Case

Posted in Advertising & Product Risk Management
Earlier this month, the Consumer Product Safety Commission in tandem with the Department of Justice withdrew its “material misrepresentation” claim in its ongoing lawsuit against arts and crafts retailer Michaels Stores. The Government had alleged, inter alia, that Michaels made a material misrepresentation to the agency in its Section 15(b) Report for certain glass vases… Continue Reading

Webinar Recap: Safety Agencies in Transition

Posted in Events
On March 30, 2017, Crowell & Moring’s Advertising & Product Risk Management Group hosted a webinar in which we discussed likely changes on the horizon at the Food & Drug Administration, Consumer Product Safety Commission, and the National Highway Traffic Safety Administration. We also discussed the relationship between these agencies and the Department of Justice, particularly… Continue Reading

What Does The Future Hold For NHTSA?

Posted in Advertising & Product Risk Management, Events
More than two months after President Donald Trump’s inauguration, the automotive industry continues to face substantial uncertainty regarding the direction and priorities of the National Highway Traffic Safety Administration (NHTSA) over the next few years. For now, we can only guess.  The new Transportation Secretary, Elaine Chao, was confirmed January 31.  She takes over a… Continue Reading

Join us for a webinar… The Safety Agencies in Transition – What to Expect at FDA, CPSC and NHTSA in the First 100 Days

Posted in Events
Thursday, March 30, 2017 1:00 – 2:00 p.m. Eastern Aggressive enforcement, massive recalls and proactive safety agendas left an indelible impression on the product safety world under the Obama administration. Product safety is no longer a bipartisan affair. But what will the Trump administration mean for your regulatory compliance programs? What changes will we see… Continue Reading

Safety Agencies after Trump’s “2 for 1” Executive Order: What it May Mean for Regulating the Safety of IoT and other Emerging Technologies

Posted in Advertising & Product Risk Management
Historically, as administrations change at the safety agencies, new priorities and shifting judgments on risk-based hazard assessment drive regulatory burdens up or down. The effect of President Trump’s executive order requiring the repeal of two rules for every one promulgated is yet to be seen when it comes to rulemaking at consumer facing safety agencies… Continue Reading

Webinar: The Safety Agencies in Transition – What to Expect at FDA, CPSC and NHTSA in the First 100 Days

Posted in Events
Join Us for a Webinar – Thursday, March 30, 2017 1:00 – 2:00 p.m. Eastern Aggressive enforcement, massive recalls and proactive safety agendas left an indelible impression on the product safety world under the Obama administration. Product safety is no longer a bipartisan affair. But what will the Trump administration mean for your regulatory compliance… Continue Reading

CPSC Acting Chair Buerkle Announces Top Priorities at Product Safety Conference

Posted in Advertising & Product Risk Management, Product Liability & Torts
This past Wednesday, in her first public remarks as Acting Chair of the U.S. Consumer Product Safety Commission (CPSC), Ann Marie Buerkle announced her top three priorities. As our readers know from our previous post, on February 9, then Commissioner Buerkle became Acting Chair of the CPSC after Commissioner Elliot Kaye stepped down as Chairman.… Continue Reading

Commissioner Ann Marie Buerkle Becomes Acting Chair at CPSC

Posted in Advertising & Product Risk Management
The U.S. Consumer Product Safety Commission (CPSC) has a new Acting Chairwoman: Commissioner (and former Congresswoman) Ann Marie Buerkle.  Although no formal announcement has been made, those within the agency have acknowledged that current Chairman Elliot Kaye relinquished the chairmanship yesterday.  Commissioner Buerkle, one of the two Republican members of the Commission and Vice-Chair of… Continue Reading

ICPHSO 2017 Annual Meeting & Training Symposium

Posted in Advertising & Product Risk Management, Events
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) and partner in the Advertising & Product Risk Management Group,… Continue Reading

Turf Wars: The Attack On Crumb Rubber Synthetic Turf

Posted in Advertising & Product Risk Management, Environment & Natural Resources, Product Liability & Torts
Many universities and local governments have installed synthetic turf made with “crumb rubber” – ground up tires – on playing fields and playgrounds in recent years to obtain the advantages of all-season use and lower maintenance costs. In recent months, however, the media and a growing group of critics contend that the crumb rubber used… Continue Reading

CPSC Brings Action in Federal Court Against Michaels Stores

Posted in Advertising & Product Risk Management, International Trade
Last week, the Department of Justice filed an action against Michaels Stores on behalf of the Consumer Product Safety Commission (“CPSC”).  According to the complaint, between 2006 and 2010 Michaels sold glass vases which were prone to shattering in consumers’ hands and caused multiple injuries. The complaint alleges that (1) despite receiving injury reports from… Continue Reading

To Connect with Consumers on the Internet of Things, Build Security Into Products from the Start

Posted in Advertising & Product Risk Management, Privacy & Data Protection
To tackle the challenges of launching products on the Internet of Things, the FTC recommends designing security into interconnected products from the outset as well as monitoring products post sale to quickly identify security risks. Most consumer product companies already have similar programs in place to ensure the safety of the products and meet CPSC… Continue Reading

CPSC Approves Publication of Proposed Voluntary Product Recall Rule

Posted in Advertising & Product Risk Management
On November 13, 2013, the U.S. Consumer Product Safety Commission (CPSC) voted 3-1 to publish notice of a proposed interpretive rule that would establish standards for voluntary product recalls, revising 16 CFR part 1115. As approved, the proposed rule, which originally focused on the form and content of recall notice, incorporates several substantive amendments introduced… Continue Reading

Observations from CPSC’s Settlement of In re Baby Matters Administrative Action

Posted in Advertising & Product Risk Management
On June 14, 2013, the U.S. Consumer Product Safety Commission (CPSC) announced that it settled its administrative action against Baby Matters, LLC, manufacturer of Nap Nanny and Chill infant recliner products, in which it sought a mandatory recall. In July 2010, Baby Matters agreed to a voluntary corrective action with the CPSC, providing in part… Continue Reading

Focus On Retailers At ICPHSO 2013

Posted in Advertising & Product Risk Management
The responsibilities of retailers for safety and health issues that arise in the supply chain became a recurring topic of discussion at the 20th annual International Consumer Product Health and Safety Organization (ICPHSO) meeting and training symposium held on February 26-March 1, 2013, just outside Washington, D.C. Representatives from the U.S. Consumer Product Safety Commission (CPSC… Continue Reading