As noted in our recent client alert, the U.S. Consumer Product Safety Commission (CPSC) continues to aggressively pursue enforcement actions for violations of the Consumer Product Safety Act (CPSA) against foreign...more
7/1/2025
/ China ,
Consumer Product Safety Commission (CPSC) ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Government Agencies ,
Hazardous Substances ,
Manufacturers ,
Product Recalls ,
Regulatory Agencies ,
Regulatory Authority ,
Regulatory Requirements ,
Reporting Requirements
Consumer product companies are facing unprecedented scrutiny as the Consumer Product Safety Commission (CPSC) intensifies its regulatory oversight. With heightened civil penalties, increased monitoring of e-commerce...more
The Tenth Circuit Court of Appeals denied a petition challenging a rule promulgated by the U.S. Consumer Product Safety Commission (CPSC) banning small, high-powered, separable magnets. Upholding CPSC’s rule, the Tenth...more
In April 2025, the House Committee on Energy and Commerce unanimously approved the Setting Consumer Standards for Lithium-Ion Batteries Act. The Act, if it is enacted, would convert current voluntary standards ANSI/CAN/UL...more
California has changed its definition of electric bicycles to clarify ambiguities about the use of throttles. Since their first introduction in the 1990s, electric bicycles, or e-bikes, have grown tremendously in popularity...more
5/7/2025
/ Bicycles ,
California ,
Consumer Protection Laws ,
Electric Vehicles ,
Manufacturers ,
New Legislation ,
New Regulations ,
Regulatory Reform ,
Regulatory Requirements ,
Safety Standards ,
State and Local Government
This third installment in our series highlights the focus on children’s product safety at the 2025 International Consumer Product Health and Safety Organization (ICPHSO) symposium. This year’s symposium featured a range of...more
The Trump administration may eliminate the Consumer Product Safety Commission (CPSC), according to a recently leaked draft fiscal year 2026 budget for the Department of Health and Human Services (HHS). This “pre-decisional”...more
On December 19, 2024, the Consumer Product Safety Commission (CPSC) unilaterally issued a warning to consumers to stop using Sport Nets 4’ x 8’ portable soccer goals. According to CPSC, an exposed metal tip at the top of the...more
2/19/2025
/ Consumer Product Companies ,
Consumer Product Safety Commission (CPSC) ,
Consumer Protection Laws ,
Enforcement Actions ,
Hazardous Substances ,
Manufacturers ,
Product Defects ,
Product Recalls ,
Regulatory Agencies ,
Regulatory Authority ,
Regulatory Requirements ,
Safety Standards
At the end of last year, the Consumer Product Safety Commission (CPSC) approved an Operating Plan for Fiscal Year 2025, which includes CPSC’s strategic priorities and resource allocations for the coming year. Stated...more
2/19/2025
/ Baby Products ,
Batteries ,
Children's Toys ,
Compliance ,
Consumer Product Safety Commission (CPSC) ,
Digital Platforms ,
E-Commerce ,
Enforcement ,
Enforcement Actions ,
Manufacturers ,
Online Marketplace ,
Popular ,
Safety Standards ,
State Attorneys General
Interest in the “right-to-repair” movement continues to grow, as a number of states propose new legislation in this realm for consumer electronics, with five states successfully enacting such laws. But these laws are not...more
The Supreme Court of California is gearing up to decide an important question for the future of product liability law: Do drug manufacturers have a duty to innovate? In other words, does a manufacturer of a non-defective drug...more
During September 2024’s “Baby Safety Month,” the Consumer Product Safety Commission (CPSC) published its annual report detailing injuries and deaths associated with nursery products among children under the age of five. CPSC...more
In a disappointing, yet somewhat unsurprising, turn of events, the Consumer Product Safety Commission (CPSC) has refused to retract Commissioner Richard Trumka’s unilateral statements earlier this year encouraging retailers...more
The Consumer Product Safety Commission (CPSC) is seeking to mandate voluntary safety standards for infant/toddler rockers. In October 2023, CPSC published a notice of proposed rulemaking (NPR) to address associated risks....more
On May 16, 2024, the United States Consumer Product Safety Commission (CPSC) took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon...more
In Himes v. Somatics, LLC, No. S273887, 2024 WL 3059637 (Cal. June 20, 2024), the Supreme Court of California delivered a win to the defense, upholding the learned intermediary doctrine in cases involving prescription drugs...more
Lithium-ion batteries are rechargeable batteries, commonly found in devices used every day, including cell phones, e-cigarettes, and laptops. Lithium-ion batteries are also found in electric vehicles, e-scooters, and other...more
The California Supreme Court granted review in Gilead Life Sciences v. Superior Court—a hopeful turn of events after lower courts issued decisions that resulted in an unprecedented expansion of negligence liability for...more
6/14/2024
/ CA Supreme Court ,
Gilead Sciences ,
Healthcare ,
HIV ,
Liability ,
Life Sciences ,
Manufacturers ,
Negligence ,
Pharmaceutical Industry ,
Product Defects ,
Summary Judgment
This second installment of our series highlights CPSC’s Office of Compliance Activity and continued aggressive enforcement efforts. Multiple presenters emphasized CPSC’s continued aggressive enforcement. Commenters...more
The Consumer Product Safety Commission (CPSC) was well represented at the International Consumer Product Health and Safety Organization’s annual symposium in Orlando, which took place in February. Agency representatives...more
More aggressive enforcement actions and increased regulatory activities under the Biden Administration are here. In President Biden’s first weeks, he is making good on his promise to reverse course from the previous...more
The Consumer Product Safety Commission (CPSC) recognizes that companies everywhere are in the midst of responding to the impact of COVID-19 on business operations, including government stay-at-home orders that could see some...more
As the number of COVID-19 cases in the U.S. grows, the potential shortage of ventilators has become an increasing concern. This week, the U.S. Food and Drug Administration (FDA) took two important steps to keep medical...more
Last week, the U.S. Food and Drug Administration (FDA) took yet another step to encourage production of basic medical supplies in the battle against COVID-19. On Friday, March 20, FDA published two new guidance documents...more
The United States Supreme Court finally clarified its 11-year-old “clear evidence” standard for pharmaceutical preemption. In its much-anticipated opinion delivered by Justice Breyer, the Court unanimously reversed the Third...more
6/6/2019
/ Agency Disapproval ,
Clear Evidence Standard ,
Failure To Warn ,
FDA Approval ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Judicial Authority ,
Jury Trial ,
Manufacturers ,
Merck Sharp & Dohme Corp. v. Albrecht ,
Preemption ,
Prescription Drugs ,
Question of Fact ,
Question of Law ,
Remand ,
SCOTUS ,
State Law Claims ,
Vacated ,
Warning Labels