In an open letter published on September 3, 2024, Consumer Product Safety Commission (CPSC) Commissioners Peter Feldman and Douglas Dziak called for an investigation into foreign-owned e-commerce platforms Shein and Temu to...more
12/4/2024
/ Baby Products ,
China ,
Consumer Product Safety Commission (CPSC) ,
De Minimus Doctrine ,
Digital Services ,
E-Commerce ,
Enforcement ,
Enforcement Actions ,
Federal Bans ,
Foreign Corporations ,
Importers ,
Popular ,
Retailers ,
Singapore ,
Third-Party
Courts around the country are grappling with Section 230 of the Communications Decency Act. Section 230 generally shields online platforms from liability for content posted by third-party users, but courts are now deciding if...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
Finally addressing costly mass arbitration concerns, the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS) announced major changes to their arbitration rules. The updates aim to...more
The Consumer Product Safety Commission (CPSC) recently released a detailed proposal and is seeking comments for new regulations governing button cell and coin batteries in toys intended for children under 14 years of age....more
Immersive technologies are at the forefront of innovation in the consumer technology and life sciences industries, but regulators are struggling to fit these devices, which blend clinical software with commercial headsets,...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
The House Subcommittee on Innovation, Data, and Commerce (the “Subcommittee”) recently held a hearing on the Consumer Product Safety Commission’s (CPSC) budget, which was cut by $1.525 million from Fiscal Year (FY) 2023 to...more
In January of 2023, Commissioner Richard Trumka Jr. of the Consumer Product Safety Commissioner (CPSC) ignited a political debate over an unlikely subject: gas stoves. During an interview with Bloomberg on January 9, 2023,...more
On July 18, 2024, the New Civil Liberties Alliance (NCLA), a nonprofit civil-rights organization, filed an amicus curiae brief, encouraging the Supreme Court to grant certiorari to Consumers’ Research v. Consumer Product...more
On July 25, 2024, Representative Roger Williams, Chairman of the House Committee on Small Business (the “Committee”), informed Consumer Product Safety Commission (CPSC) Chairman Alexander Hoehn-Saric that the Committee has...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
The Consumer Product Safety Commission (CPSC) launched a new online Business Product Safety Complaint portal through which a business can anonymously alert CPSC of competitor products in the marketplace that businesses...more
In early May 2024, the New Civil Liberties Alliance (NCLA) notified the U.S. Consumer Product Safety Commission (CPSC) that it intended to file suit against CPSC and CPSC Commissioner Richard Trumka for allegedly violating...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
On May 8, 2024, the California Attorney General’s Office issued highly anticipated guidance on Senate Bill 478 (SB 478), also known as the “Hidden Fees Statute.” This law, set to go into effect on July 1, 2024, seeks to put...more
On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The...more
The U.S. Consumer Product Safety Commission (CPSC or the “Commission”) has scheduled a public hearing on May 8, 2024, to hear stakeholders’ views on the Commission’s priorities for fiscal years 2025 and 2026. This annual...more
In this final installment of our series (see part 1, part 2, and part 3) discussing CPSC’s presence at the 2024 International Consumer Product Health and Safety Organization’s annual symposium, we present two smaller, but...more
On January 25, 2024, Representative Jan Schakowsky (D-IL) introduced the Consumer Advocacy and Protection (CAP) Act, which would amend the Consumer Product Safety Act (CPSA) to increase the maximum civil penalty for a single...more
The use of electric vehicles (EVs) and micromobility devices (EMDs), e.g., electric scooters, electric bikes, and hoverboards, is on the rise and the accompanying potential risks of EVs and EMDs have become a new area of...more
3/22/2024
/ Artificial Intelligence ,
Connected Cars ,
Consumer Product Safety Commission (CPSC) ,
Cybersecurity ,
Department of Justice (DOJ) ,
E-Scooters ,
Electric Vehicles ,
Fires ,
Green Transportation ,
Greenhouse Gas Emissions ,
Incentives ,
Lithium Batteries ,
Public Safety ,
Safety Standards