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Commissioner Bob Adler Elected Vice-Chairman of the CPSC, Making Him Acting Chairman of the Agency

September 13, 2019 | Blog | By Charles Samuels, Matthew Howsare, Shawn Skolky, Evelyn French

Viewpoint General
In a press release this afternoon, Acting Chairman Ann Marie Buerkle announced that she would be withdrawing her nomination to be the permanent Chairman of the CPSC, as well as her nomination for an additional 7 year term, which would have expired in October 2025
Viewpoint General
As most folks with any interest in the burgeoning cannabidiol (CBD) industry likely know, on May 31, 2019, the Food and Drug Administration held a public hearing “to obtain scientific data and information about the safety, manufacturing, product quality, marketing, labeling, and sale of products containing cannabis or cannabis-derived compounds.” Stakeholders who attended the hearing presented many diverse viewpoints and the FDA panelists – who were in listening mode – received extensive information from across that spectrum of perspective.
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FDA Ratchets Up Pressure on Homeopathic Drug Manufacturers

May 23, 2019 | Blog | By Benjamin Zegarelli

On May 14, FDA announced that it issued five Warning Letters to companies that manufacture and market homeopathic drugs for human use. The letters all cite cGMP deficiencies relating to inspectional observations and conclude that the products are misbranded prescription drugs under the Federal Food, Drug, and Cosmetic Act because “in light of their toxicity or other potentiality for harmful effect, or the method of their use, or the collateral measures necessary to their use, they are not safe for use except under the supervision of a practitioner licensed by law to administer such drugs” and they are not labeled for prescription use only.

In 2019 so far, FDA has issued Warning Letters to eleven separate homeopathic drug manufacturers, including the five letters referenced above. All of the Warning Letters, except one, cite observations from inspections and focus on cGMP and quality violations at the manufacturing facilities, including contamination and varying amounts of active ingredients, that could lead to consumer harm.
Case Study Hero Manufacturer Obtains Reversal CPSC Enforcement Action Mintz

Breaking: CPSC Notifies Numerous Companies of Unprecedented, Unauthorized Disclosure of Information

April 11, 2019 | Blog | By Matthew Howsare, Charles Samuels, Shawn Skolky, Evelyn French

Recently, the U.S. Consumer Product Safety Commission (CPSC) informed what could turn out to be a very large number of consumer product companies that it discovered what appears to be a mass inadvertent disclosure of nonpublic manufacturer and product specific information.

CPSC Commissioner Elliot Kaye Issues Statement Providing a Framework of Safety for the Internet of Things

February 11, 2019 | Blog | By Charles Samuels, Matthew Howsare, Evelyn French

Commissioner Elliot Kaye recently released a framework, which he co-authored with his Senior Science and Policy Advisor, Dr. Jonathan Midgett, that provides an “overview of technology-neutral best practices to ensure consumer product safety in the design and deployment of devices, software and systems used with the Internet-connected consumer products.” This framework should prove useful to consumer product companies as they navigate the burgeoning world of IoT devices.
Viewpoint General

Unilateral Recalls: Companies Should Consider Launching Recalls Without the CPSC During the Government Shutdown

January 24, 2019 | Blog | By Matthew Howsare, Charles Samuels, Evelyn French, Shawn Skolky

Now in its fifth week, the partial government shutdown has left many companies wondering what to do about recalls for consumer products. Generally, consumer product companies work in coordination with the U.S. Consumer Product Safety Commission (“CPSC”) when conducting recalls. But like other affected agencies, the CPSC is currently operating with only its essential staff members, which is about 20 or fewer employees.
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Costco Agrees to $3.85 Million Civil Penalty for Failure to Report, Accepted by Unanimous CPSC Vote

October 8, 2018 | Blog | By Charles Samuels, Shawn Skolky, Evelyn French

On Friday, October 5, 2018, the U.S. Consumer Product Safety Commission (“CPSC”) announced that Costco Wholesale, Corp. (Costco) entered into a settlement agreement with the CPSC to pay a $3.85 million civil penalty for its alleged failure to report defective trash cans. The penalty agreement was accepted 4-0 by the Commission. Notably, this is the first multi-million dollar civil penalty in the post-CPSIA era where there was not a Democratic majority at the CPSC, indicating that penalty actions are far from moribund under the current leadership.
Viewpoint General

Peter Feldman Confirmed as Fifth Commissioner at CPSC, Ushering in a Republican Majority for First Time Since 2006

September 25, 2018 | Blog | By Shawn Skolky, Matthew Howsare, Charles Samuels

CA Prop 65 Coffee Issues Still Brewing

September 4, 2018 | Blog | By Daniel Herling

As has been widely reported, in May 2018, a Los Angeles Superior Court judge ruled that Prop 65 warning labels are required to be placed on “ready-to-drink” coffee products. Acrylamide, a Prop 65 listed chemical that allegedly is a carcinogen, forms during the coffee roasting process. 
One week after a San Francisco jury decided against Monsanto and awarded a plaintiff $289 million due to the alleged exposure that caused his cancer, the California Supreme Court refused to hear any further challenges by Monsanto.
On July 1, 2018, California’s revised Automatic Renewal Law (ARL), Cal. Bus. & Prof. Code § 17600 et seq., goes into effect.

First Amendment Still Trumps Prop 65

June 17, 2018 | Blog | By Daniel Herling

Recently, a federal judge sitting in the Eastern District of California (Sacramento), for the first time, refused to require a manufacturer to place a Prop 65 warning on its product based on a finding that the requirement would violate the company’s First Amendment rights. We have been following this developing issue for some time.
The consumer product safety community is rarely provided guidance by federal court decisions. On Tuesday, however, Judge R. Brooke Jackson of the Federal District Court for the District of Colorado issued an opinion in the never-ending saga of Zen Magnets, LLC v. CPSC.

California AG Leads Attack on Lead in Infant Formula

June 10, 2018 | Blog | By Daniel Herling

Fresh off a victory in the CA primary, California Attorney General Xavier Bacerra filed suit on June 7, 2018 against Nutraceutical Corporation of Park City, Utah and Graceleigh, Inc. dba Sammy’s Milk of Newport Beach, CA, alleging violations of California’s Proposition 65 and California’s consumer protection laws.
As this space has addressed before (see here and here), the California Transparency in Supply Chain Act (Civ. Code section 1714.43), enacted in 2010, requires large retailers and manufacturers (those with worldwide sales in excess of $100 million) doing business in California to disclose on their websites.
Yesterday, President Donald Trump nominated Peter Feldman to fill the fifth and final spot as Commissioner of the U.S. Consumer Product Safety Commission.

Prop 65: GET THE LEAD OUT!

May 29, 2018 | Blog | By Daniel Herling

As this space has discussed on several occasions, there are many issues with California's Prop 65.

Baiocco Confirmation Signals the Beginning of a New Paradigm at CPSC

May 23, 2018 | Blog | By Matthew Howsare, Charles Samuels

Yesterday the U.S. Senate confirmed Dana Baiocco (pronounced “Bee Awe Co”) as a Commissioner for the U.S. Consumer Product Safety Commission with a term that runs through October of 2024.

Prop 65 Preliminary Injunction and "Fake News"

March 5, 2018 | Blog | By Daniel Herling

A recent Federal Court decision on the issue of whether to grant a preliminary injunction in the ongoing saga of the appropriateness of adding the pesticide Glyphosate to the CA Prop 65 list has become the grist for the "Fake News" phenomenon.

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