As we wrote last year when the U.S. House of Representatives was debating a series of bills on narrow issues related to the U.S. Consumer Product Safety Commission (CPSC), a broader push to reform the agency was likely to come in late 2019 or early 2020. Now, at least one shoe of that overhaul has dropped.
Continue Reading Taking the Safety Off: Legislation Would Eliminate Failsafe Against Inaccurate CPSC Disclosures

In an uncommon move, the U.S. Consumer Product Safety Commission (CPSC) on Wednesday issued a unilateral press release warning consumers of the need to anchor a particular brand and model of dressers. In its release, the CPSC wrote that it “intends to continue pressing the case for a recall with” the manufacturer.
Continue Reading Going Old School: CPSC Issues Rare Safety Warning on Dressers

A U.S. Supreme Court ruling from last summer may have changed the trajectory of a high-profile pending commercial speech case. In National Institute of Family and Life Advocates v. Becerra, the Court modified the traditional commercial speech tests, perhaps placing a greater burden on the government when it seeks to regulate commercial speech. Becerra could influence the D.C. Circuit Court’s decision in Cigar Association of America v. U.S. Food and Drug Administration as to whether FDA-mandated cigar health warnings violate the First Amendment. If cigar regulations are found to violate the First Amendment, it could lead to a new wave of litigation.
Continue Reading You Can’t Make Me Say It: Does Becerra Make it Harder for the Government to Require Product Health Warnings?

As 2020 dawns – and with it jokes about perfect vision – the U.S. Consumer Product Safety Commission (CPSC) is feeling its way through a foggy vision of its future, but there are a few signs in view for CPSC-regulated companies.

The CPSC’s future, of course, hinges on what its leadership will look like, and that is an open question. The five-member CPSC is down one commissioner and without a permanent chairman. Democrat Bob Adler is the acting chair, but he may find his ability to drive official agency actions limited by a 2-2 party split: Adler is joined by fellow Democrat and former chair Elliot Kaye opposite Republicans Peter Feldman and Dana Baiocco.
Continue Reading 2020 CPSC Outlook: A Busy Year Is Unlikely

Entities regulated by the U.S. Consumer Product Safety Commission (CPSC) should have greater confidence in sharing confidential business information with the agency following a U.S. Supreme Court decision earlier this year that addressed the U.S. Department of Agriculture’s duty to disclose information in response to a Freedom of Information Act (FOIA) request.

Continue Reading Private Eyes: When is Company Information Shared with the CPSC Confidential?

Have you eaten “America’s Favorite Pasta”[1] or received a “record-breaking” [2] footbag with your fast-food meal? While these products may seem to have little in common, they have a shared experience – each was the target of a false advertising claim. The statements raise the always-burning question for manufacturers: what is mere puffery and what constitutes false advertising?
Continue Reading Not Another Puff Piece: The Difference Between Puffery and False Advertising

Imagine you try to flush a wipe that is branded flushable and discover it won’t flush. You are angry enough to sue the manufacturer for damages for “consumer fraud,” but should you also be able to force the manufacturer to change the label, even though your experience means you now know the “truth” about the product?
Continue Reading Flush with Uncertainty: Do Plaintiffs Have Standing to Seek Injunctive Relief for “Consumer Fraud” When They Are No Longer “Defrauded”?

Of the various debates and documents that can presage the interests and activities of the U.S. Consumer Product Safety Commission (CPSC), the agency’s operating plan is generally the most illustrative. The CPSC adopts a new plan around the beginning of each fiscal year, laying out that year’s objectives. Last Tuesday, the Commission received a briefing from agency staff on the FY20 Op Plan. The five commissioners will now review the draft and discuss potential changes, and they will likely hold another public meeting to vote any amendments and a final plan. Presumably, that vote will occur before Commissioner Ann Marie Buerkle’s departure on October 27; once she’s gone, the body will be evenly split on party lines, and the odds of failing to reach consensus will go up.
Continue Reading First Glimpse at the CPSC’s FY2020 Plan

With uses ranging from transporting troops to increasing mobility for people with disabilities, off-road vehicles (ORVs) are being used by more people now than when the all-terrain vehicle (ATV) emerged in the 1960s. With increased demand comes increased discussion about how ORVs are regulated. And the answer is, it depends on where you live.
Continue Reading Motor Vehicles or High-Powered Toys: The Diverse Landscape of Off-Road Vehicle Regulation and Where it Might be Going

As Congress returns from its August recess, the House has plenty of work on its plate regarding the U.S. Consumer Product Safety Commission (CPSC). As we wrote previously, six bills addressing specific CPSC-regulated products are on the House floor awaiting votes. Another bill still under subcommittee consideration could help companies regulated by the CPSC, the agency itself, and consumers.

The Focusing Attention on Safety Transparency and Effective Recalls (FASTER) Act (H.R. 3169) would formalize and improve the CPSC’s Fast Track voluntary recall program. In 1995, Fast Track was a welcome and successful innovation, but recently companies have been frustrated by growing delays.
Continue Reading Will CPSC Recalls Soon Get FASTER?