The U.S. House Consumer Protection & Commerce Subcommittee will hold a legislative markup session on Thursday for several bills related to the U.S. Consumer Product Safety Commission (CPSC). This session follows the subcommittee’s April CPSC oversight hearing, which focused on the big picture, asking whether or not the CPSC is fulfilling its mission.
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We have recently written about the U.S. Consumer Product Safety Commission’s (CPSC) mistaken disclosure of sensitive information and the CPSC’s current data-protection processes and their limits. In the weeks and months ahead, we anticipate a determined challenge to those limited but vital protections. Here, we make the case for why CPSC stakeholders who appreciate their value should prepare to defend them.
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Many manufacturers were affected by the CPSC’s improper disclosure of a mountain of sensitive information, including both company data and consumers’ personally identifying information. While the full repercussions are not yet clear, the disclosure creates the risk that third parties will misunderstand and mischaracterize the information.

This incident also presents an opportunity for companies and CPSC observers to reexamine the processes that are intended to prevent unfair disclosures. The CPSC is often asked to disclose sensitive information, and typically companies can weigh in when the CPSC responds to these requests. But are companies really afforded meaningful opportunity to comment?
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Reportedly, the U.S. Consumer Product Safety Commission (CPSC) is notifying companies of what could be considered a data breach, an unauthorized release of confidential information that did not go through the procedures of 15 U.S.C. § 2055” – known colloquially as “6(b),” because they are found in Section 6(b) of the Consumer Product Safety Act (CPSA).
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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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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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The Consumer Product Safety Commission (CPSC) issued a final rule in October prohibiting the manufacture for sale, offer for sale, distribution in commerce, or importation of toys and child care products containing more than 0.1 percent of five phthalate chemicals. Phthalates make plastics soft and pliable, and are contained in many toys and other products intended for young children. The rule will take effect on April 25, 2018.

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Calls for a government-led investigation of the potential negative health effects of crumb rubber turf are getting louder, and the Consumer Product Safety Commission is listening. Crumb rubber turf infill consists of black pellets of ground-up rubber, and it’s become increasingly popular in the construction of sports fields. Some are concerned, however, that crumb rubber turf may expose athletes to cancer-causing chemicals.

On Wednesday, January 27, CPSC chairman Elliot F. Kaye, in statements to a Florida television station, indicated that CPSC will investigate the potential risks of rubber turf.


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