Recently, we wrote about how the impending presidential election might affect the U.S. Consumer Product Safety Commission (CPSC), and specifically what might happen with the Commission’s current vacancy and the two more (at least[1]) that will arise during the next presidential term. Now we’ll take a look at how the upcoming congressional elections may also affect the CPSC and the companies it regulates.
Continue Reading Safety on the Hill: Prospects for CPSC Overhaul in the 117th Congress

In this two-part series, we take a close look at the uncertainties facing the U.S Consumer Product Safety Commission (CPSC). This post examines how the ongoing difficulties in confirming CPSC nominees creates an existential threat for the agency, and we look at the game plans a President Biden or re-elected President Trump could use to overcome those difficulties and keep the lights on at the CPSC. Our first post analyzed the difficulties facing nominees.

Continue Reading Lingering Uncertainties Facing the CPSC: Election Contingency Plans

In this two-part series, we take a close look at the uncertainties facing the U.S Consumer Product Safety Commission (CPSC). This post analyzes the difficulties surrounding President Trump’s current CPSC nominee and discusses how the agency would be effective if confirmations remain elusive. In post 2, we will examine how the November election might affect the odds of a confirmation next year – and the risks to the agency if the post remains unfilled.
Continue Reading Lingering Uncertainties Facing the CPSC: If Not Beck, Then Who?

With the disruptions wrought by COVID-19, companies are working hard just to keep pace with daily activities. But, as we wrote previously, companies still must meet their regulatory obligations – including obligations to report potential product hazards to the U.S. Consumer Product Safety Commission (CPSC). That may require additional effort in the current environment.

Continue Reading COVID-19 or Not, CPSC Keeps Chugging Along

Current thinking from public health experts is that COVID-19 will affect the American economy for several months. But during this period businesses still have responsibilities to their brands and obligations under law. And unlike during last year’s government shutdown, the pandemic has forced government agencies like the U.S. Consumer Product Safety Commission (CPSC) to operate differently, but it hasn’t closed its doors. For that reason, businesses will still have legal obligations and face the possibility of CPSC enforcement efforts.

Here are three steps companies can take to protect their brands and reduce the risk of CPSC enforcement.
Continue Reading COVID-19: Three Steps Companies Can Take to Reduce Risk of Regulatory Side Effects

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

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

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?