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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Quality and Safety


I recently had the opportunity to assist the government of Abu Dhabi in planning and moderating several sessions of an international meeting on the importance of high quality standards in manufacturing to the advancement of economic development.  The Abu Dhabi Quality Forum was significant not only because an oil-rich Middle Eastern country is aggressively improving its manufacturing capability, but is also anticipating the need for a sustainable post-oil economy.  Abu Dhabi is not interested ...
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Ontario's Electrical Safety Authority Relinquishes Overlapping Jurisdiction with Health Canada


As we previously reported, the adoption by Canada of a nationwide product safety scheme in 2011...
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Senate Confirms Two CPSC Commissioners


On June 27, 2013, the Senate confirmed by unanimous consent two new Commissioners...
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Commission Proposes Changes to Certificate Rule


On June 13, 2013, the CPSC announced proposed changes to its previously-released proposed rule on certificates of compliance.  As has become their practice, the Commissioners released a series of statements explaining their decisions to approve or oppose various aspects of the proposed rule.  As you will recall, one of the significant provisions in the 2008 amendments to the Consumer Product Safety Act was the requirement that manufacturers (later interpreted to be only  importers for importe...
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Leadership Changes at the CPSC


The blank spaces in the CPSC organizational charts are starting to be filled, although they do not give practitioners much to work with in predicting the future course of the Commission. The CPSC is authorized to have five commissioners, each appointed by the President and confirmed by the Senate.  Commissioners Moore (D) and Northup (R) saw their terms expire in 2011 and 2012, respectively.  Given the political nature of the Commission (and Washington), these vacancies can only be filled tog...
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Do You Have a Written CPSC Compliance Program?


In both of CPSC‘s most recent civil penalty settlements (Kolcraft Enterprises, Inc. and Williams-Sonoma, Inc.) the settlement agreements included provisions requiring the companies to implement and maintain a CPSC compliance program. In the agreements, the compliance programs contained the following elements: Written standards and policies A “whistle-blower” provision Compliance training for all employees Senior manager responsibility for compliance ...
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Administrative Law Judge Finds Magnet Manufacturer's CEO Proper Respondent in Administrative Complaint


We have been closely following the administrative complaints filed by the CPSC against rare earth magnet manufacturers seeking to have those products declared substantial product hazards.  (See prior posts here and here.)  We recently reported about the CPSC‘s efforts to hold the CEO of one of the companies personally liable for conducting a recall, by seeking to name him as a respondent in the proceeding.  The CEO appeared in the proceeding and vigorously contested the CPSC‘s attempt.  ...
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