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Fifth Circuit Finds Flaws in CPSC Rulemaking on Phthalate Limits Highlighting Another Rulemaking Misstep for the Agency

The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal agency, the Consumer Product Safety Commission (the “CPSC”) must follow these...more

Consumer Product Safety Advocates Pen Memorandum to Biden Transition Team Foreshadowing Push for More Active and Aggressive CPSC

For years consumer product safety advocate groups have bemoaned the seeming lack of aggressiveness from the Consumer Product Safety Commission (“CPSC”). As an example, they complain that the CPSC levied no civil penalties on...more

CPSC Sued Over Lack of Access to Consensus Standard Incorporated Into CPSC Regulation

An interesting and potentially very important case not only in CPSC world but for thousands of statutes and regulations is pending in a federal court of appeals. On May 18th, a civil rights group filed its opening brief...more

CPSC Commissioner Elliot Kaye Issues Statement Providing a Framework of Safety for the Internet of Things

In recent years, the U.S. Consumer Product Safety Commission (CPSC) has begun to grapple with the effects of the Internet of Things (IoT) on consumer product safety. In May 2018, the CPSC held its first public hearing...more

The Future of Hoverboards: Federal Safety Standards or Voluntary Safety Standards?

Over recent weeks, national media outlets have reported extensively on multiple claims from consumers that hoverboards—self-balancing scooters growing immensely in popularity, particularly over the holiday period—have caught...more

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