Court Finds No Private Right of Action Under Consumer Product Safety Act for Alleged Violation of Voluntary Standard

The Eastern District of Tennessee recently ruled that there is no private right of action under the Consumer Product Safety Act (CPSA) for an alleged violation of a voluntary product safety standard.[1] The ruling narrows the claims in a pending lawsuit about hoverboards and …›

CPSC Recall Remedies in the Time of COVID-19

The Consumer Product Safety Commission (CPSC) recognizes that companies everywhere are in the midst of responding to the impact of COVID-19 on business operations, including government stay-at-home orders that could see some operations temporarily close. Given these “extraordinary circumstances,” the CPSC issued a notice …›

March 5, 2020 - CPSC

Is This Seat Open? Nancy Beck Tapped to Chair CPSC

This week, President Trump announced that he intends to nominate Nancy Beck as Chair and Commissioner of the Consumer Product Safety Commission (CPSC). The five-person CPSC has been short a member since the end of September 2019, when former Acting Chair Ann Marie Buerkle stepped …›

April 9, 2019 - CPSC, Consumer Products

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 …›

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 …›

June 7, 2018 - CPSC, Consumer Products

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 …›

May 25, 2018 - CPSC, Consumer Products

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 …›

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 …›