Consumer Products Law Blog

European Commission Adopts Revised Competition Rules

The European Commission has adopted revised competition rules that “block exempt” distribution and supply agreements at different levels of the production and distribution chain. The Regulation and accompanying Guidelines take into account the development, in the last 10 years, of the Internet as a force...

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Consumer Product Safety Enhancement Act of 2010

Proposed legislation titled the Consumer Product Safety Enhancement Act of 2010 (CPSEA), which is sponsored by Energy and Commerce Chairman Henry Waxman (D-CA), is currently being debated in the House of Representatives. The CPSEA, if passed, would amend the Consumer Product Safety Improvement Act and...

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Chinese Drywall Prompts CPSC Guidance

The Consumer Product Safety Commission has received over 3,000 reports from homeowners in 37 states who believe they have problem drywall in their homes. The drywall, which has all come from Chinese manufacturers, has been linked to health problems and corrosion of certain metal components,...

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CPSC Issues Proposed Rule for Bassinets and Cradles

On March 10, 2010, the Consumer Product Safety Commission (CPSC) released a briefing package for itsNotice of Proposed Rulemaking for Bassinets and Cradles under Section 104(b) of the Consumer Product Safety Improvement Act (CPSIA). The draft proposed rule makes the applicable voluntary standard—ASTM F2194-07a Standard...

CPSC Issues Proposed Rule Defining “Children’s Product”

The Consumer Product Safety Commission has issued a proposed interpretive rule that would interpret the term “children’s product” as it is used in the Consumer Product Safety Improvement Act of 2008 (CPSIA). The proposed rule would further clarify what must be considered when evaluating whether...

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California Considers Listing BPA Under Proposition 65

On July 15, 2009, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) received a petition from the Natural Resources Defense Council, asking OEHHA to initiate the process for listing bisphenol-A (BPA) as a reproductive toxicant under the Safe Drinking Water and...

CPSC Prepares to Issue Final Rule on Civil Penalties

The Consumer Products Safety Commission (“Commission”) has drafted its final rule interpreting factors to be considered when seeking civil penalties under the Consumer Product Safety Act (“CPSA”), the Federal Hazardous Substances Act (“FHSA”), and the Flammable Fabrics Act (“FFA”). Background. Section 217 of the Consumer...

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Toyota Faces Class Action Lawsuits

There has been a great deal of attention about Toyota’s recent recalls. Toyota’s sales fell 16% in January alone and Toyota’s executives have apologized and appeared before Congress. Toyota has recalled 8.5 million vehicles for ill-fitting floor mats, sticking gas pedals and braking flaws. Toyota...

Gray Market Goods – Limiting Warranties

Can a manufacturer limit the product warranty it provides for gray market products and/or refuse to warrant gray market products sold by unauthorized resellers? If so, how should this be communicated to customers and are any best practices that businesses use to minimize the impact...