Recently, the Supreme Court in a case involving President Trump’s without cause firing of the Democratic Commissioners on the Consumer Products Safety Commission stayed an order that had been issued by the U.S. District Court...more
The Trump administration has taken two actions that will dramatically increase White House control over federal commissions, boards, and officials that were previously considered independent. These actions are likely to...more
President Trump’s February 18th Executive Order entitled, “Ensuring Accountability for All Agencies,” represents a sweeping effort to consolidate federal executive branch lawmaking power with the President. The Order’s...more
On October 21, 2024, the Supreme Court declined to hear a challenge to the structure of the Consumer Product Safety Commission (CPSC). As we explained in a previous blog post, under CPSC’s current structure, the president of...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
The U.S. Consumer Product Safety Commission (“CPSC”) is an independent federal agency that regulates consumer products, including a variety of products made and sold by stakeholders in the Apparel industry, by providing...more
On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more
We are pleased to announce that Husch Blackwell has published its inaugural “Legal Insights for Manufacturing” report, which provides a look ahead to 2023 and explores the key trends and issues that will shape the coming year...more
In late spring, the Consumer Product Safety Commission (CPSC) held a roundtable for interested stakeholders to discuss the Equity Action Plan it issued on January 20, 2022. In hosting the public forum, the CPSC sought to...more
In May 2021, the Federal Trade Commission (FTC) released a report that examines consumer protection and antitrust issues relating to repair restrictions and finds that repair restrictions on electronic devices hurt consumers...more
There’s a new class action trend consumer product companies need to be aware of that is not only causing additional stress when faced with a recall but also increased expense and adverse publicity. There are a number of...more
Navigating the U.S. Healthcare Regulatory Landscape for Wearable Devices - Complex Environment Includes Key Federal Agencies FDA, FTC, OCR, CPSC, CMS, and OIG - The wearable device market is emerging as a key player...more
While many today returned to work after the Holiday season, things remained quieter than usual here in the nation’s capital – with many federal workers furloughed until further notice as the federal government continues to be...more
If you follow our blog, you know that we often write about issues involving the FTC and the CPSC, but we usually do not write about both in the same post. Now those worlds have collided. The staff of the FTC’s Bureau of...more
Class Actions - Finkly & Sons Co. Faces Illinois Biometric Information Privacy Act Class Action - A former employee of steelmaker A. Finkly & Sons Co. filed a putative class action against the company in Cook County,...more
In This Issue: - ERSP Sends Vitalizer Claims up to the FTC - NAD Says Cardio Miracle Creator Dodged the Question - CPSC Takes Smart Tech Safety to the Streets - ESRB Floats Changes to Its COPPA Safe Harbor Program -...more
Food and beverage, drug, medical device, cosmetics, and consumer products companies must navigate a maze of legal and regulatory challenges in order to get and keep their products on the market — from concept, to development,...more
Last Friday, ten consumer and privacy advocacy groups, including the Electronic Privacy Information Center, Center for Digital Democracy, and Consumer Watchdog, sent a letter to Acting Chairman Ann Marie Buerkle, requesting...more
What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more
We blog frequently about new regulatory developments coming from CPSC or FDA and about enforcement actions brought by those federal agencies as well as state counterparts and private plaintiffs. But we don’t very often...more
As someone who has litigated extensively against federal regulators on advertising issues, I have first-hand knowledge of how difficult it is to prevail in a case brought by the feds. For example, the FTC’s “win percentage”...more