Category Archives: Consumer Products

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Second Circuit Says Multi-State Consumer Class Actions Might Not Be All-Natural

Consumer class actions predicated on state laws alleging deceptive claims are one of the scourges of modern marketing. In a recent decision, the Second Circuit laid out some important guidance on whether and how putative class actions based on laws of different states can move forward. In Langan v. Johnson & Johnson Consumer Companies, Inc., … Continue Reading

#SaferProductsForAll – Global Developments in Product Safety

On June 25, 2018, four major online retailers, Alibaba (for AliExpress), Amazon, eBay, Rakuten-France, and the European Commission signed a Product Safety Pledge to remove dangerous products in which they committed to the following for the benefit of European consumer safety: “React within two working days to authorities’ notices made to the companies’ contact points … Continue Reading

FTC and House Start Working Together to Address CPSC-related Connected Technology Issues – Stakeholders Should Prepare for Future Government-Wide Cooperation

Robust conversations about IoT, smart technology, and product safety continue across the federal government. On May 16, 2018, the Consumer Product Safety Commission (CPSC) held a public hearing on the Internet of Things (IoT) and consumer product hazards. (See previous related blog posts here and here about the hearing.) On June 13, the House Energy … Continue Reading

The Internet of Things, Product Safety, and Product Liability: A Risky Combination

On May 16, 2018, the Consumer Product Safety Commission held a public hearing to receive testimony on the Internet of Things (IoT) and issues related to product safety (IoT Hearing). Thirteen diverse stakeholders presented at the IoT Hearing. Of the thirteen presenters, there were three representatives of consumer organizations, one academic, one security expert and … Continue Reading

North American Product Safety Summit: The real deal? That’s up to stakeholders.

In February 2018, at the International Consumer Product Health and Safety Organization’s (ICPHSO) Annual Meeting, the U.S. Consumer Product Safety Commission (CPSC), the Department of Health of Canada (Health Canada), and the Consumer Protection Federal Agency of the United Mexican States (PROFECO) signed a trilateral Memorandum of Understanding (MOU) committing to increasing cross-border cooperation. The … Continue Reading

CPSC’s Revision of Age Determination Guidelines: Updates, New Technology, Enforcement, and Possible International Consequences

Last week the International Consumer Product Health and Safety Organization (ICPHSO) and ASTM International held a workshop to discuss the recently-updated age determination guidelines from the Consumer Product Safety Commission (CPSC). The age determination guidelines are a resource provided by the Commission to help manufacturers and consumers understand the age ratings on children’s products and … Continue Reading

New Jersey Truth in Consumer Contract Warranty and Notice Act: New Jersey Supreme Court Holds That Injury Is Required

Over the past few years, class action plaintiffs have filed a slew of lawsuits against online retailers under the New Jersey Truth in Consumer Contract, Warranty and Notice Act (TCCWNA), which prohibits a seller from offering or entering into consumer contracts that contain any term that violates a “clearly established” New Jersey or federal law. … Continue Reading

Is Product Safety a Partisan Issue? CPSC Announces $27.25M Penalty Settlement with Polaris and an Additional Polaris Recall of More than 100,000 ROVs

On April 2, 2018, the Consumer Product Safety Commission (CPSC) announced a $27.25 million civil monetary penalty (CMP) settlement agreement with Polaris for failure to report to CPSC immediately when it became aware of defects in certain models of RZR and Ranger Recreational Off-highway Vehicles (ROVs). At the same time, CPSC and Polaris jointly announced … Continue Reading

IoT and Smart Technology: CPSC Wants to Connect with Stakeholders about Connected Products

On May 16, 2018, the Consumer Product Safety Commission (CPSC) will hold a public hearing on the Internet of Things (IoT) and consumer product hazards. The CPSC has previously voiced concern about (or, at least the need to evaluate) the harms IoT technology and smart products may cause to consumers. In 2016, former Chairman Kaye … Continue Reading
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