Consumer Product Safety

No CPSC Enforcement Can be Admissible Evidence in a Products Liability Case

August 24, 2013 | Blog | By Daniel Herling

he role of the Consumer Product Safety Commission (CPSC) in product liability cases is often a two-sided coin. Evidence of a recall is sometimes allowed to establish notice of a defect though the standard to invoke a recall of a product is not the same as proving a design, manufacturing or failure to warn claim in a court of law.

FTC & Green Advertising: Mattress Companies Settle FTC Allegations of Unsubstantiated “VOC” Marketing Claims

August 22, 2013 | Blog | By Matthew Howsare

The FTC’s recent settlements with three mattress companies send a message to all companies making “VOC Free” (volatile organic compounds) and similar environmental or “green” claims.

Admissibility of Plaintiffs' Conduct in a Products Liability Case

August 20, 2013 | Blog | By Howie Miller

It would no doubt be helpful to present a jury with information of how plaintiff was driving too fast in choppy water before being thrown from a boat or how the plaintiff allowed lint to collect in the exhaust duct before a fire in the dryer caused property damage.

CPSC and CBP Stop 4.8 Million Units of Noncompliant Products at the Ports

August 16, 2013 | Blog | By Matthew Howsare

The U.S. Consumer Product Safety Commission (CPSC) announced recently that it stopped 4.8 million units of products at multiple ports of entry that violated product safety rules or were deemed to be hazardous.

California Prop 65 Reform?

August 12, 2013 | Blog | By Daniel Herling

California has a reputation for many things: 8th largest economy in the World; land of fruits and nuts and a state not being overly business friendly.

FDA Defines “Gluten-Free:” Consumers and Manufacturers Both Win

August 8, 2013 | Blog | By Howie Miller

On August 5, 2013 the FDA issued its final rule on the voluntary labeling of food gluten-free. This is good news for both consumers and manufacturers.

Six Flags Rollercoaster Tragedy Highlights Sometimes Confusing Nature of CPSC’s Jurisdiction

August 6, 2013 | Blog | By Matthew Howsare

When you board a ride at an amusement park, the question of who regulates the ride vs. the toy you just won is probably the last thing on your mind.

The Weakest Link -- Why Those Boilerplate Contract Clauses Matter

August 2, 2013 | Blog | By Daniel Herling

Contract clauses impacting risk assumption and risk transfer which are integral to the capturing of recall costs are often relegated to the “boiler plate” section of many Supply Agreements or are preprinted on the reverse side of POs that are often not sent by PDF or fax.

A Unique Approach to Youth Football Helmet Safety

August 1, 2013 | Blog

Starting in 2012, the U.S. Consumer Product Safety Commission (CPSC) teamed up with football helmet manufacturers, the National Football League (NFL), and others to eliminate the use of outdated football helmets and teach safer game play among youth football players.

"Natural” Labeling on the Decline?

July 29, 2013 | Blog | By Michelle Gillette

Manufacturers are removing “natural” statements from their labels, both as part of lawsuit settlements and as an alternate marketing strategy. PepsiCo has agreed to remove the phrase from its Naked juices after a lawsuit was filed against it in California, stating that it will wait for more detailed regulatory guidance on the term.

The Food Court Kicks the Proper Use Of The Term “Natural” To FDA

July 13, 2013 | Blog | By Michelle Gillette

In what may be an indication of things to come, the Food Court (US District Court Northern District of California) has decided to ask FDA for guidance on what it wants on food labels.

NIST Issues Guidelines on Mobile Security

July 10, 2013 | Blog | By Matthew Howsare

The National Institute of Standards and Technology (NIST) has issued guidelines to help federal agencies manage and secure mobile devices used by their employees for government business.

The GMO Controversy Continues to Swirl

July 5, 2013 | Blog | By Michelle Gillette

Some are concerned that the potential health consequence of the use of genetically modified organisms in food is unknown because of the lack of long-term testing proving that it is safe.

Senate Confirms Two New CPSC Commissioners—What it Means for Them, You, and CPSC

July 3, 2013 | Blog | By Matthew Howsare

On June 27th, the U.S. Senate confirmed Marietta Robinson and Ann Marie Buerkle as new CPSC Commissioners. Robinson was first nominated in 2012 and participated in a hearing before the Senate Committee on Commerce, Science, and Transportation on May 10, 2012. Buerkle was nominated in late May of this year and confirmed by the Senate one month later without having a Senate hearing.

Use of the Primary Jurisdiction Doctrine in a “Natural” cosmetics case

June 28, 2013 | Blog | By Michelle Gillette

When should a court decide a case that has issues involving an area that Congress has already weighed in on?

CPSC Approves $3.9 Million Penalty and Imposition of Compliance Program for National Retail Chain

June 26, 2013 | Blog | By Charles Samuels

A unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that Ross Stores Inc. (“Ross”), a national discount retailer, agreed to pay a $3.9 million civil penalty to settle allegations that it failed to report its continued sale of banned children’s upper outerwear containing drawstrings.

Use of The Term “Natural” In Genetically Modified Organism (GMO) Legislation

June 20, 2013 | Blog | By Michelle Gillette

Are you for or against GMOs? Do you think the government should get involved? Whether for or against legislation requiring labeling showing any Genetically Modified Organism contained in your food, the fact that the two sides are diametrically opposed on interpretation of critical aspects will ensure litigation.

What Does The Word “Natural” Mean, Anyway?

June 12, 2013 | Blog | By Michelle Gillette

It’s 2 o’clock in the afternoon, you need a snack – maybe a granola bar, but which one? Does the package that boasts it is “100% Natural” win out over the one that is only “All Natural”?

CPSC Proposes Significant Amendments to Certificates of Conformity Rule

June 3, 2013 | Blog

The U.S. Consumer Product Safety Commission (“CPSC”) recently proposed to substantially alter its 2008 regulation governing the form and contents of certificates of compliance for consumer products.

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