Topic: Consumer Product Safety Commission

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What to expect from CPSC (at least for a little while)

Today at the International Consumer Product Health & Safety Organization annual meeting, U.S. Consumer Product Safety Commission Acting Chairman Bob Adler delivered the keynote address. Adler provided some insight into his priorities for the Commission for the foreseeable future, recognizing that he is currently the Acting Chairman and a Democrat—with the presidential election coming in … Continue reading

Furniture tip-over remains in flux

A brief internet search shows that unambiguously, industry, regulators, and NGOs all agree that furniture tip-over is a priority in the consumer markets sector. However, there is little agreement on the best approach. Over the last year alone, we have seen the U.S. Consumer Product Commission announce that the Commission deems “clothing storage units” that do not meet ASTM F2057-17 … Continue reading

CPSC targets furniture tip over hazard with substantial product hazard designation

At last week’s ICPHSO Annual Meeting, the US Consumer Product Safety Commission’s Acting Chairman Ann Marie Buerkle broke news to attendees, announcing that CPSC would deem “clothing storage units” that do not meet ASTM F2057-17 as posing a “substantial product hazard.” In concert with Buerkle’s announcement, CPSC’s Deputy Executive Director issued a letter to “Manufacturers, Importers, and … Continue reading

CPSC finalizes phthalate rule that may cause headaches for imports

The U.S. Consumer Product Safety Commission has finally published its Final Rule on phthalates. CPSC first proposed the rule nearly three years ago, and its publication brings to eight the number of phthalates included in CPSC’s consumer product safety standard for children’s toys and child care articles. The rule is effective April 25, 2018 – but in … Continue reading

CPSC removes seven plastic types from CPSIA third party testing for phthalates

In an effort to reduce the burdens of compliance with the U.S. Consumer Product Safety Improvement Act, the U.S. Consumer Product Safety Commission has voted to remove seven types of plastics (containing specified additives) from the CPSIA’s mandatory third party testing requirement for phthalates in children’s toys and child care articles.  The Commission determined that the … Continue reading

What makes for a $15 million CPSC penalty?

CPSC just announced a record $15.4 million civil penalty settlement with Gree, manufacturers of dehumidifiers widely sold throughout the United States. While the magnitude of this blockbuster settlement makes it newsworthy, what it tells us about CPSC’s perspective on enforcement actions is the real story. CPSC’s allegations The limited allegations in the published settlement agreement allege … Continue reading

ICPHSO 2016: Chairman Kaye’s Keynote Address

CPSC Chairman Kaye gave the keynote address at ICPHSO CPSC Day, providing announcements on some CPSC policy changes and focusing on his priorities for the upcoming year. These include: Reporting of products sold in the US, Canada, and Mexico Chairman Kaye announced that CPSC is collaborating regularly with Health Canada and Profeco in Mexico. As part … Continue reading

ICPHSO 2016: Corded Blinds

CPSC Chairman Elliot Kaye and Health Canada’s Acting Director General, Consumer Product Safety Directorate James Van Loon addressed ICPHSO and the media jointly, to announce that CPSC and Health Canada are united in their commitment to eliminate corded blinds due to the risk of injury to children from cords. Chairman Kaye stated that he believes this is … Continue reading

ICPHSO 2016: Breakout #2 – Challenges to Recalls

  This panel, fully titled “Challenges to Recalls, How to Get Consumers to Respond to Recalls, and New Effective Ways to Reach Consumers,” featured Carolyn Carlin, Christoper Nguyen, and Tanya Topka from CPSC. Here are key points from the session. Social Media: CPSC Compliance Officer Carolyn Carlin stated that she not only expects recalling companies to … Continue reading

CPSC targets hoverboards

Late last week, the CPSC Office of Compliance and Field Operations issued a letter on the CPSC website to “Manufacturers, Importers, and Retailers of Self-Balancing Scooters” that ultimately makes a new voluntary safety standard for self-balancing scooters, typically called “hoverboards,” mandatory. The “voluntary” standard On February 2, 2016, UL issued its standard, UL 2272 – Outline … Continue reading

CPSC continues to show it means business with Section 15(b) reporting

CPSC continues to show its intention to use Section 15(b) reporting claims as a tool to punish companies and deter the consumer products industry from taking its reporting obligations lightly. Earlier this year, CPSC Chairman Kaye stated that he is directing CPSC staff to push for significantly higher civil penalties for reporting violations settlements to … Continue reading

CPSC taking measured approach to laminate flooring

In the wake of the 60 Minutes report on laminate flooring and subsequent fallout for Lumber Liquidators, Chairman of the US Consumer Product Safety Commission, Elliot Kaye, stated in a recent media call that the Commission is taking a measured approach to evaluating laminate flooring and formaldehyde exposure. While it may be easy to get caught up … Continue reading

Highlights from CPSC Day at ICPHSO 2015, part 2

CPSC Chairman Elliot Kaye was the keynote speaker for CPSC Day, and he did not disappoint. Chairman Kaye’s speech focused on providing the consumer products industry with a sense of his priorities for the coming years, which I have listed below. Pressure to increase civil penalty amounts Chairman Kaye’s most notable comment was that he is directing … Continue reading

Highlights from CPSC Day at ICPHSO 2015

We are here at the ICPHSO conference in Orlando for CPSC day. Key speakers from CPSC include Chairman Elliot Kaye, the Team Lead for Fast Track Recalls, the Director of Regulatory Enforcement, and the Director of Field Investigations. Here are highlights from the morning sessions on CPSC recalls and reporting, enforcement, and import issues. Recalls … Continue reading

CPSC proposes rule to ban additional phthalates

The US Consumer Product Safety Commission has issued a notice of proposed rulemaking to expand the ban on phthalates in Section 108 of the Consumer Product Safety Improvement Act. The CPSIA Section 108 ban on certain phthalates Currently, Section 108 prohibits the phthalates DEHP, DBP, and BBP in concentrations above 0.1 percent (1,000 parts per … Continue reading

Timeliness of Section 15(b) reporting continues role as CPSC enforcement tool

As 2014 draws to a close, we see that Section 15(b)’s reporting requirement continues to be a powerful tool for CPSC to punish companies who manufacture, distribute, or sell products that are ultimately recalled. In 2014, CPSC entered into six settlements resolving Section 15(b) allegations that included civil penalties ranging from US$600,000 to US$4.3 million, … Continue reading

Senate creates confusion with recall reporting bill

Senator Richard Blumenthal has introduced legislation, S.2615, known as the “Hide No Harm Bill,” that adds criminal liability to existing penalties for a company’s failure to immediately report to the applicable federal agency a known danger caused by a product.  While the language of S.2615 does not single out any particular product, if passed, its … Continue reading

CPSC defers controversial proposed rule on consumer product certification

In May 2013, the US Consumer Product Safety Commission proposed to modify the regulations that govern how manufacturers and importers certify that consumer products comply with consumer product safety requirements implemented by CPSC.  Retailers, manufacturers, suppliers, and logistics providers across a variety of industries expressed significant concern over the burdens created by CPSC’s proposal, especially … Continue reading