Philips Respironics has seen an onslaught of litigation related to its CPAP and BiPAP breathing machines, which it recalled in June 2021. For months following the recall, Philips was inundated with hundreds of consumer class action lawsuits, which were consolidated in a CPAP MDL last fall in the U.S. District Court for the Western District of Pennsylvania.

Now, Philips faces off against a different kind of class action plaintiff—medical device suppliers. Earlier this month, Baird Respiratory Therapy, Inc., filed a putative class action lawsuit against Philips in the U.S. District Court for the Eastern District of Pennsylvania, seeking to represent a nationwide class of durable medical equipment suppliers who purchased Philips’ recalled breathing machines.
Continue Reading Recall Litigation Report: Philips Faces Supplier Class Action Following CPAP/BiPAP Recall

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

With the winter holiday season approaching, many families are looking forward to hard-earned vacations and fun activities with their loved ones. And many will be looking to ride, rent, or purchase recreational vehicles for some fun—from all-terrain vehicles (“ATVs”) and golf cars to off-road motorcycles and snowmobiles. Thus, as we head into the winter season, we turn our attention to Consumer Product Safety Commission (“CPSC”) regulatory actions involving recreational and utility vehicles for this month’s installment of “Recalls in Review.”
Continue Reading Recalls in Review: Recreational and Utility Vehicles

Here’s a brief review of key developments concerning the U.S. Consumer Product Safety Commission (“CPSC”) from the past month or so to help you stay aware of important product safety legislative and regulatory happenings.

Commissioner Elliot Kaye Departs the Commission.  In late August, Commissioner (and former Chairman) Elliot Kaye announced his departure from the agency to assume a senior position at Jose Andres’ World Central Kitchen.  Kaye, whose term had expired in October 2020, was serving in his “hold-over” year pending the confirmation of a new commissioner.  As a result of Kaye’s departure, there are currently two Republicans on the Commission (Dana Baiocco and Peter Feldman) and one Democrat—Acting Chairman Robert Adler.  This political dynamic, similar to when the Democrats held a majority of commissioner seats during the Trump Administration, has already caused some partisan maneuvering and angst at the agency (see Vote on FY22 Operations Plan story below).  However, this 2-1 split in favor of the Republicans will not last for long.  Read on!
Continue Reading CPSC Insights – September 2021

Last month, U.S. Representative Grace Meng (D-NY) announced that she has reintroduced legislation—the Total Recall Act—to change the way that businesses notify the public about recalls.  The text of the legislation can be found here.

H.R. 3724, entitled the “Total Recall Act,” requires firms engaged in a product recall to post recall notices on their websites and all social media accounts, and also spend a defined amount of money on publicizing the recall depending upon whether it is mandatory or voluntary.  For a mandatory recall, which is an incredibly rare event, businesses would be required to expend a sum of money that equals at least 25% of what the firm spent on marketing the product prior to its recall.  On the other hand, for common voluntary recalls, firms would be required to use at least 25% of the product’s original marketing budget as well as 100% of the product’s social media marketing budget on publicizing the recall.  The bill would also mandate that the U.S. Consumer Product Safety Commission provide an annual report to Congress on participation rates for each recall.
Continue Reading Product Recall Notification Legislation Reintroduced in Congress

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

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

As we launch into the third quarter of 2020, we are taking a look at the trends from the CPSC’s recalls through the first half of the year.  The Commission has conducted 145 total recalls so far this year.  As is usually the case, the types of products recalled have varied widely, including ceiling fans, cleaning products, furniture, inclined sleepers, portable generators, pajamas, and strollers.  But some product categories have appeared multiple times, including: Dressers and Drawer Chests, Essential Oils, and Recreational Vehicles such as ATVs, UTVs, and Golf Carts.

In 2020 so far, Dressers, Drawer Chests, and Essential Oils have seen an increase in number of recalls as compared to recent years. Recreational Vehicles have historically been highly regulated, however, and the rate of recalls conducted in 2020 is comparatively similar to past years.

Continue Reading Recalls in Review: Recall Trends in 2020

As more organizations incorporate technology in newfound ways to increase efficiency and effectiveness, government agencies have done the same. Take, for instance, the CPSC’s new recall app, which makes recall information more accessible to consumers on their mobile devices. Now government agencies are looking towards companies to apply the latest technologies to protecting consumer

Last week, the U.S. Food and Drug Administration (FDA) released draft guidance on its mandatory recall authority; in doing so, FDA elaborated on its authority to issue user fees. Food retailers and manufacturers should take note that in the event FDA determines that there is: (1) a reasonable probability that a food product is misbranded

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