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
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
The Consumer Product Safety Commission launched its eFiling Beta Pilot a little over a year ago. Non-pilot participants were invited to participate in voluntary eFiling last summer, and the CPSC extended this stage to October...more
In this installment of ML Strategies’ Pre-Election Analysis series, we discuss the potential impact the 119th congress and presidential election on consumer product safety. Like other spheres of federal public policy,...more
The gas stove wars continue to heat up. On April 17, 2023, the United States Court of Appeals for the Ninth Circuit took a stand and ruled that the City of Berkeley does not have the authority to prohibit connecting natural...more
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
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
On Monday, June 11, 2018, a Colorado District Court Judge tossed a U.S. Consumer Product Safety Commission’s recall order on due process grounds. The Court found that Commissioner Robert Adler’s previous statements showed...more
The consumer product safety community is rarely provided guidance by federal court decisions. On Tuesday, however, Judge R. Brooke Jackson of the Federal District Court for the District of Colorado issued an opinion in the...more
In 2015, a group of consumer groups filed a petition with the U.S. Consumer Product Safety Commission (“CPSC”) seeking to ban under the Federal Hazardous Substances Act the use of non-polymeric organohalogen flame retardants...more
The last weeks of March brought us two interesting and seemingly contradictory opinions that show the many tools that the Consumer Product Safety Commission (CPSC) has at its disposal to enforce its own regulations. These...more
The $1.1 trillion 2016 omnibus spending bill passed by Congress and signed into law by President Obama last week includes many legislative provisions, often called policy “riders,” that will affect a wide array of issues...more
The U.S. Consumer Product Safety Commission (CPSC) has published a notice of proposed rulemaking in the Federal Register proposing to make more stringent a federal prohibition on phthalates in many children’s products....more
Although the final rule currently under consideration by the CPSC sets a performance standard for magnet sets, the practical effect of the new safety standard will be a ban on the future sale or distribution of powerful rare...more
Federal regulatory activity is at an all-time high, with more than 3,700 regulations in just the past year. This has caused the Code of Federal Regulations to grow to 238 volumes with nearly 175,000 pages – 4,000 of which...more