When California enacted SB 327 last year, it became the first state to regulate Internet of Things (IoT) devices, which refer to physical devices that are connected to the internet. Beginning next January, the new law will require manufacturers of IoT devices sold in California to implement reasonable security features that protect the software, data, and information contained within them. While the law regulates only the minimum security standards for IoT devices, its definition of a “connected device” (i.e., an IoT device) may impact product liability claims because “connected devices” are physical objects and not technology. SB 327’s definition suggests that manufacturers of the software in IoT devices may not be held strictly liable for software defects, because the law aligns with and reinforces the view of most courts that software is not a product, but a service.
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The Consumer Product Safety Commission (CPSC) will hold a public hearing next month to solicit ways to improve www.saferproducts.gov, the agency’s public consumer product information database. Mandated by Congress and not meaningfully altered since its launch nearly eight years ago, the database provides a centralized location for consumers and stakeholders to report potential product-safety incidents and conduct searches for product-safety reports or recalls. Its current form was approved on a party-line commission vote after heated debate.
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The U.S. Consumer Product Safety Commission (CPSC) has been reopened for a week – possibly a third of the window between government shutdowns – and things seem to be quickly returning to normal. The agency has released messaging campaigns on both generator safety and TV anchoring, taking advantage of bitterly cold weather and what football fans hope will be a bitterly contested Super Bowl. But behind this appearance of normalcy, a key remaining question is how the agency will approach what must be a significant backlog of product reports.
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As the partial federal government shutdown enters its second week, businesses both large and small should be aware of the shutdown’s implications for the U.S. Consumer Product Safety Commission (CPSC) and for product safety. Companies should be aware that their obligations under CPSC continue, despite that their partner in product safety is absent until its funding is restored.

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Riding a scooter up and down the block was a common and enjoyable pastime for many when they were kids. Now, the child’s kick scooter has been reimagined as an environmentally friendly and nostalgia-filled commute option: the electric scooter. Electric scooters have cropped up in major cities across the country, including Austin, Nashville, Los Angeles, San Francisco, Scottsdale, Washington, D.C., and Atlanta. The scooters are affordable ($1.00 for the first minute and less after that) and easy to access. They are dockless and so bring mobility to people who otherwise don’t own a car or live near public transit, remove congestion from the roads, and help cities go green.
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Long-anticipated changes to California’s Proposition 65 warning requirements took effect on August 30, 2018, through amendments and new rules issued by the California Office of Environmental Health Hazard Assessment. Among other changes, the new rules now (1) require businesses to provide California consumers with product warnings at the time of purchase, including at the time of online purchases; and (2) change the text of the warnings that businesses may use to qualify for “safe harbor” protections. The new warning requirements apply only to products manufactured after August 30, 2018.
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Manufacturers start with good intentions. They endeavor to create and develop safe products, advertise them accurately, and equip consumers with sufficient warnings and instructions to enable safe and proper use of their products. But despite these efforts, consumers will occasionally find ways to misuse or abuse products in ways that the manufacturer neither intended nor, in some cases, even contemplated.

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“Smart luggage” is truly smart. Companies have created sleek, stylish bags that also contain practical, convenient accessories. Although smart luggage solves all sorts of problems, it has grabbed the attention of airlines and authorities due to the use of lithium batteries.

When companies develop new products, they can often turn to existing regulations to inform the plan and design, ensuring that it complies with the regulations when it is released. But sometimes innovation can make things a bit more complicated. Incorporating new features like an internal scale, GPS tracking, TSA-approved locks, and USB ports to charge electronics, smart luggage perfectly illustrates this tricky situation.
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