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CPSC Sends Another Shot Across the Bow of Retailers with $3.8 Million Civil Penalty Against Best Buy for the Sale of Recalled Products
October 6, 2016 | Blog
On Tuesday, the U.S. Consumer Product Safety Commission (CPSC) announced that Best Buy Co., Inc. entered into a settlement agreement with the CPSC to pay a $3.8 million civil penalty to resolve allegations that it “knowingly sold, offered for sale, and distributed in commerce recalled consumer products.”
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Administration’s Biotechnology Working Group Updates Coordinated Framework & Unveils National Strategy
September 21, 2016 | Blog | By Sam Rothbloom
After launching with an ambitious agenda fourteen months ago (as we wrote about here), last Friday the Obama Administration announced that its Biotechnology Working Group had completed its two main tasks.
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Hot CPSC Jurisdictional Issues: Does the CPSC Have Regulatory Authority Over Amusement Park Rides and Guns?
August 11, 2016 | Blog
In the wake of two tragic amusement park ride accidents in Kansas and Tennessee, and the ongoing political debate in America over gun safety issues, we felt it timely to help answer a question that continues to be asked in the media: does the U.S. Consumer Product Safety Commission (CPSC) have the authority to address the safety of amusement park rides and guns?
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E-Cigarette Makers Contending with New CPSC and FDA Regulations
August 1, 2016 | Blog | By Joanne Hawana
Products like e-cigarettes and other electronic nicotine delivery systems (ENDS) have been under intense scrutiny in recent years from public health officials, legislators at all levels of government, and many other interested parties, including dozens of plaintiffs in lawsuits stemming from battery explosions and other injuries.
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CPSC Chairman Kaye and Commissioner Adler: Current Civil Penalties Approach Works
July 21, 2016 | Blog
Yesterday, CPSC Chairman Elliot Kaye and Commissioner Robert Adler issued a lengthy joint statement vigorously defending the Commission’s current approach to civil penalties against various criticisms voiced by Commissioners Joe Mohorovic and Ann Marie Buerkle as well as stakeholders in the business community.
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House Passes GE Labeling Bill; Obama Expected to Sign
July 18, 2016 | Blog | By Sam Rothbloom
As a parting act before its seven-week recess, the House last Thursday passed by a vote of 306-117 Senator Pat Roberts’s (R-KS) legislation (S.764) requiring the labeling of genetically engineered foods. Already approved by the Senate last week, the bill is now expected to be signed into law by President Obama, according to a White House spokeswoman.
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House Passes GE Labeling Bill; Obama Expected to Sign
July 18, 2016 | Blog | By Sam Rothbloom
As a parting act before its seven-week recess, the House last Thursday passed by a vote of 306-117 Senator Pat Roberts’s (R-KS) legislation (S.764) requiring the labeling of genetically engineered foods. Already approved by the Senate last week, the bill is now expected to be signed into law by President Obama, according to a White House spokeswoman.
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Eighth Circuit Issues Decision Significant for All Executives of FDA-Regulated Businesses
July 12, 2016 | Blog | By Russell Kott
On July 6, 2016, the Eighth Circuit Court of Appeals issued its ruling in United States v. DeCoster, in which it upheld prison sentences for two executives under the “responsible corporate officer” (RCO) doctrine of liability, also called the Park doctrine, for their role in introducing into interstate commerce eggs that had been adulterated with Salmonella.
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Senate Passes Bill Requiring Labeling for Genetically Engineered Foods
July 11, 2016 | Blog | By Sam Rothbloom
Four months after the Senate defeated a GE labeling bill (S.2609) introduced by Agriculture Committee Chairman Pat Roberts (R-KS), the upper chamber Thursday night passed, 63-30, a compromise measure (S. 764) that Roberts co-wrote with Senator Debbie Stabenow (D-MI), the Ag Committee’s Ranking Member.
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Chuck Samuels, Mintz’s Product Safety Regulatory Co-Chair, Provides Testimony to CPSC at Annual Priorities Hearing
July 6, 2016 | Blog
On June 15, Chuck Samuels, Co-Chair of Mintz Levin’s Consumer Product Safety Regulatory Practice Group, provided testimony to the U.S. Consumer Product Safety Commission (CPSC) at the Commission’s Meeting on its Agenda and Priorities for FY 2017 and 2018.
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Massive CPSC Recall Leaked to the Press by "CPSC Source" Prior to Official Agency Announcement
June 28, 2016 | Blog
Today the U.S. Consumer Product Safety Commission (“CPSC”) and Health Canada announced a massive joint recall with IKEA involving over 35 million pieces of furniture that can pose a tip over hazard to small children.
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The Last Set of Major FSMA Regulations Are Done!
June 17, 2016 | Blog | By Joanne Hawana
The last of FDA's seven "foundational" rules mandated under the Food Safety Modernization Act of 2011 (FSMA) was published at the end of last month, just a few days before the May 31, 2016 deadline agreed to by the Agency when it settled a lawsuit related to its implementation of FSMA (our posts on the previous six FSMA rules are here, here, and here).
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CPSC Civil Penalties: A Divide Along Party Lines
June 15, 2016 | Blog
This past March, while speaking at a Consumer Federation of America luncheon, U.S. Consumer Product Safety Commission Chairman Elliot Kaye stated that he “was pleased to announce” that the agency had secured a $15.45 million civil penalty.
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OTC Drug Regulatory Paradigm Open to Stakeholder Feedback Until July 10
June 14, 2016 | Blog | By Joanne Hawana
Continuing a discussion that began in 2014, on June 10, 2016 FDA hosted a public meeting on the potential development of a user fee program for OTC (over-the-counter, or nonprescription) drug products marketed pursuant to the Agency's monograph system.
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Senate Appropriations Bill Targets FDA Rulemaking Agenda
June 8, 2016 | Blog | By Sam Rothbloom
The Senate Appropriations Committee is looking to tinker with the Food and Drug Administration’s rulemaking agenda through its fiscal year 2017 funding bill for the Department of Agriculture and FDA (S. 2956).
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CPSC Reaches Second Civil Penalty Agreement in As Many Weeks; Sunbeam Products to Pay $4.5 Million to Resolve Late Reporting Allegations
June 6, 2016 | Blog
The U.S. Consumer Product Safety Commission (CPSC) is set to announce yet another civil penalty settlement. Sunbeam Products d/b/a Jarden Consumer Solutions (Sunbeam or the Company) has agreed to pay a $4.5 million civil penalty to resolve charges that it knowingly failed to immediately report certain defects and an unreasonably risk of serious injury involving some of the company’s coffeemakers.
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FDA Finally Decides that "Evaporated Cane Juice" Is Misleading Consumers
June 2, 2016 | Blog | By Richard Maidman
Evaporated cane juice, a term usually used to inform about sweeteners derived from the fluid extract of sugar cane, is present on the ingredient lists of many products we see on grocery store shelves.However, newly finalized FDA guidance on use of the term “evaporated cane juice” (“ECJ”) as an ingredient in food labels may change things.
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CPSC Announces Civil Penalty against Teavana; Commissioners Remain Divided on Civil Penalty Enforcement, Calculations, and Transparency
May 31, 2016 | Blog
On May 26, 2016 the U.S. Consumer Product Safety Commission (“CPSC”) announced through a Record of Commission Action (“RCA”) that Teavana Corporation (“Teavana”) has agreed to pay a $3.75 million civil penalty to resolve charges that it knowingly failed to immediately report that certain glass tea tumblers could “explode, shatter or break during normal use.”
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California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products
May 27, 2016 | Blog
According to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s purchasing decision is “heavily dependent” on the size of the package.
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USDA Increases Cane Sugar Imports to Meet Demand for Non-GE Products
May 23, 2016 | Blog | By Russell Kott
On May 17, 2016, the U.S. Department of Agriculture (“USDA”) announced that it is allowing an additional 200,000 short tons of cane sugar imports to meet food manufacturers’ increasing demand for non-genetically modified sugar products.
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