Topic Archives: CPSC

April 9, 2019Consumer Products, CPSC

Ready, Set, Report! Seventh Circuit Considers When a Claim First Accrues for Failing to Report a Product Hazard

Consumer products companies are familiar with the reporting requirement under Section 15(b) of the Consumer Product Safety Act (the Act), but when does that obligation kick in for statute of limitations purposes?  The Seventh Circuit considered this question when it heard arguments on when a claim first accrues for reporting violations under the Act in ...›

CPSC Acting Chair Buerkle’s Priorities Include IoT and Furniture Safety

At a recent product safety conference, Ann Marie Buerkle, Acting Chair of the U.S. Consumer Product Safety Commission (CPSC), announced CPSC’s priorities for 2019. These include technology—both for consumers and within the agency—as well as window coverings and furniture tipover. Buerkle surprised the audience with a stern warning that any clothing storage not complying with ...›

June 7, 2018Consumer Products, CPSC

New Nomination Could Mean Partisan Tiebreaker for CPSC

On June 4th, President Trump nominated Peter Feldman to fill the fifth seat on the U.S. Consumer Product Safety Commission (CPSC) and serve out the remainder of prior Commissioner Joe Mohorovic’s vacated seven-year term ending in October 2019. If confirmed, Mr. Feldman’s nomination may be the lynchpin for a new era of CPSC regulatory strategy. ...›

May 25, 2018Consumer Products, CPSC

Baiocco Confirmed as CPSC Commissioner

After months of anticipation, the U.S. Senate finally confirmed Dana Baiocco as a Commissioner of the U.S. Consumer Product Safety Commission (CPSC) on May 22, 2018. President Trump first nominated Commissioner Baiocco on September 21, 2017. As a former Jones Day partner in the firm’s Business & Tort Litigation Practice, Commissioner Baiocco joins CPSC with ...›

CPSC Will Sharpen Its Focus on IoT in Upcoming Public Hearing About Internet-Connected Devices

The Consumer Product Safety Commission (CPSC) announced today that on May 16, 2018, it will hold a public hearing on “potential safety issues and hazards associated with internet-connected consumer products.”[1]  The Commission will hear testimony from interested stakeholders on potential safety hazards created by network-connected devices, the types of hazards arising from their use or ...›

January 25, 2018Consumer Products, CPSC

Nomination of a New Chairman at the CPSC

With the start of the new year, President Trump again nominated Republican Ann Marie Buerkle to chair the U.S. Consumer Product Safety Commission (CPSC). Her expected confirmation will continue to push the CPSC in a more corporate-friendly direction that focuses on consensus building rather than additional regulation. At the same time, another Republican, Dana Baiocco, ...›

Connected Devices Bring New Product Liability Challenges

“My Google Home Mini was inadvertently spying on me 24/7 due to a hardware flaw,” wrote a tech blogger who purchased Google Inc.’s latest internet of things (IoT) device. Following the incident, a pact of consumer advocacy groups insisted the U.S. Consumer Product Safety Commission recall the Google smart speaker due to privacy concerns arising ...›

December 11, 2017Consumer Products, CPSC, Product Liability

CPSC Issues Final Rule Expanding Phthalate Ban

Nearly ten years after the first three phthalates were banned from children’s toys by Congress, the U.S. Consumer Product Safety Commission (CPSC) issued a final rule on October 27 prohibiting five more.  The rule bans the manufacture for sale, offer for sale, distribution in commerce, or importation of children’s toys and products containing more than 0.1% of ...›

Fortune Favors the Quick (to Report): Judge Slaps Spectrum Brands with $1.9 Million Penalty in DOJ/CPSC Tag-Team Enforcement Action

A federal district court in Wisconsin recently hit Spectrum Brands Inc. (Spectrum) with civil penalties of $1.9 million for violations of the Consumer Products Safety Act (CPSA).[1]  The court’s 23-page opinion is a strong reminder of how devastating the impact can be for waiting to report violations and also shows the consequences of failing to ...›