Fourth Circuit Hears Oral Argument in CPSC Database Case


On Thursday, October 31, 2013, the United States Court of Appeals for the Fourth Circuit heard oral arguments in Company Doe v. Public Citizen, No. 12-2209 (4th Cir.), which is the appeal of Company Doe v. Tenenbaum, Civil Action No. 8:11 cv 02958 AW (D. Md.) (See our October 25, 2012, January 14, 2013 and January 17, 2013 blog posts for full background on the case).  Briefly, in October 2012 the United States District Court for the District of Maryland enjoined the CPSC from publishing what it...
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CPSC Down to Three Commissioners; New Commissioner Nominated


With the retirement of Commissioner Nord last month at the end of her term...
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What is a "Serious Injury?"


The Product Safety Blog not only publishes commentary on current issues...
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Proposed Voluntary Recall Notice Guidance


The CPSC staff recently proposed to the Commissioners at an open hearing on September 25 that the CPSC adopt formal guidance on the content of voluntary recall notices.  The proposal is significant for several reasons, not the least of which is “Why?” There is no legal mandate for the new guidance, although the staff noted supporting language in the House Committee report for the CPSIA in 2008.  New Commissioner (and former congressional member) Buerkle pointed out that there are usually ...
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Save That "No Further Action" Letter


After a recall has run its course, or after a manufacturer has convinced CPSC...
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What About All Those Fires?


The CPSC recently released its 2009-2011 Residential Fire Loss Estimates in which it “presents estimate of consumer product-related fire losses that occurred in residential structure fires.”  Based on statistical databases maintained by the U.S. Fire Administration and the National Fire Protection Association, the report estimates that there were over 350,000 unintentional structure fires, over 2,210 deaths, over 12,000 injuries and more than $6 billion damages for each year from 2009 throu...
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"Likely" to Occur: Do Numbers Matter in Sec. 15 Reports?


At times, finding the true meaning in the CPSC guidelines is like parsing the Dead Sea Scrolls.
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Comments on Proposed Compliance Certificate Rulemaking


In a previous post, we discussed some of the problems with the CPSC‘s proposed changes to its existing rules on Certificates of Compliance.  Formal comments have now been filed, including materials that we led the effort in preparing for the National Association of Manufacturers (“NAM”).  As we explained to the Commission in NAM‘s comments, the proposed rules are excessively complex and in some cases conflict with the requirements in the Consumer Product Safety Act.  The proposed rule...
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Depreciated Value Refunds


The announcement of a recall by Sears of dehumidifiers raised a few eyebrows among CPSC-watchers due to its unusual remedy.
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Warnings: How Much is Too Much?


A recent article in the New York Times described the warning provided on some football helmets...
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