Dwight W. Stone II

The Trump administration continues to bring with it changes in both the staff and politically appointed positions within the U.S. Consumer Product Safety Commission (CPSC). On Thursday and Friday, the three Democratic commissioners of the CPSC were fired, effective immediately. The fired commissioners – Mary Boyle, Richard Trumka Jr. and former CPSC Chair Alex Hoehn-Saric –  have already stated their intent to challenge their dismissals in court. Click here to read a statement from former CPSC Chair Alex Hoehn-Saric that summarizes

As shutdown orders expire and businesses reopen, questions arise on the possible liabilities created and the ability to mitigate them. Standards are emerging; some will be second-guessed. Previous modes of operation may continue or be rapidly changed. Trust and loyalty of customers and employees will soon be tested. Rules and recommendations will vary widely based on the nature of the business, its workspace footprints, exposure to the public and availability of necessary resources. What can be offered are not stringent

On March 28, 2019, a federal grand jury indicted two executives for failing to timely report that the dehumidifiers their companies imported and distributed were known to catch fire. According to the U.S. Department of Justice, this is the “first-ever criminal prosecution for failure to report under the Consumer Product Safety Act.” Click here to read the full Law360 article written by Holly Drumheller Butler and Dwight Stone about a recent DOJ indictment for violating the CPSA through late reporting and misrepresentations - plus, how companies can avoid

On June 4, President Trump nominated Peter Feldman as Commissioner of the U.S. Consumer Product Safety Commission. As we previously reported, the recent Senate confirmation of Commissioner Dana Baiocco created a 2-2 split between Democrats and Republicans. If, as expected, Mr. Feldman is confirmed, the Commission will have a Republican majority for the first time in almost 12 years. This will presumably enable Acting Chairman Ann Marie Buerkle to steer the Commission toward policies and practices that reflect her regulatory philosophy.    

President Trump wasted no time in re-nominating CPSC Acting Chairman Ann Marie Buerkle for permanent Chairman and for a second term as Commissioner of the agency. Dana Baiocco was also re-nominated for Commissioner. As we recently reported, the Senate returned these nominations to the White House on January 3, 2018, along with those of almost 100 others who had been nominated for various agencies, departments and judgeships. A mere five days later, the White House announced the re-nomination of most of these candidates. Although

As previously reported here, Acting Chairman Ann Marie Buerkle has been awaiting U.S. Senate confirmation as permanent Chairman of the CPSC, and Jones Day litigator Dana Baiocco has been awaiting confirmation as the replacement for Commissioner Marietta Robinson. However, a degree of uncertainty has now arisen because last week the Senate returned these nominations to President Trump.   While ordinarily the Senate will hold over a pending nomination to the new Congress, such a nomination will be returned if a senator objects,

The U.S. Consumer Product Safety Commission (“CPSC”), by unanimous vote, has approved a final rule providing that seven plastics in children’s toys and child care articles will no longer require third-party testing because they do not exceed limits on phthalates. The Consumer Product Safety Improvement Act of 2008 (CPSIA) bans children’s toys or child care articles containing concentrations above 0.1% of certain specified phthalates, and requires third-party testing to ensure subject products are in compliance before they can enter the stream of commerce

The U.S. Consumer Product Safety Commission (“CPSC”) announced on August 29 it has provisionally agreed with Home Depot U.S.A., Inc. to a $5.7 million settlement of allegations that the retailer unlawfully sold recalled products over a four year period.  The settlement will almost certainly become final once The Commission considers public comments as required by its rules. The CPSC staff alleges in the settlement agreement  that Home Depot “knowingly” sold or distributed approximately 2,816 units of 33 different recalled products from 2012 to 2016,

The CPSC has announced it is seeking “suggestions for ways the Commission could potentially reduce burdens and costs of its existing rules, regulations, or practices without harming consumers.” The CPSC requests that suggestions be submitted by September 30, 2017, and that “information and data be submitted in support” of suggestions.   CPSC Acting Chairman Ann Marie Buerkle stated that the request “is not limited to existing rules. CPSC is interested in hearing any and all ideas, big or small, that might help ease regulatory