Senate Confirms Commissioner Adler for Second Term

Posted: December 4th, 2014 by Timothy L. Mullin, Jr. in CPSC Issues

On December 2, 2014, the United States Senate confirmed sitting Consumer Product Safety Commission (CPSC) Commissioner Robert Adler for a second term.  The largely party line vote was 53 to 44, reflecting the controversy over his time as acting chairman.  His first term expired in October, and he was in the one year holdover period.  Commissioner Adler was nominated for a second term in May and reported out of committee in July, but his nomination was not submitted for a floor vote when the S... Read more...

Meijer Pays Large Civil Penalty for alleged Distribution of Recalled Products by Third Party

Posted: September 23rd, 2014 by Timothy L. Mullin, Jr. in CPSC Issues, Recalls

On September 17, 2014, the U.S. Consumer Product Safety Commission (“CPSC”) announced a $2 million penalty settlement reached with Meijer over CPSC allegations that Meijer failed to police a third-party vendor retained to dispose of products in Meijer‘s inventory that were recalled by the product manufacturers.  Meijer denied the allegations, arguing that it reasonably relied upon the third-party to deal properly with the products. For several years, the CPSC has taken very ... Read more...

Kaye and Mohorovic Confirmed as CPSC Commissioners

Posted: July 29th, 2014 by Timothy L. Mullin, Jr. in CPSC Issues

On July 28, 2014, the Senate confirmed Elliot F. Kaye (see our blog post here on the nomination) as the new Chairman of the CPSC.  He will be sworn in this week and replace Robert S. Adler, who has been Acting Chairman.  The Senate also confirmed Joseph P. Mohorovic, whose nomination had been pending since November of last year (see our blog post here). These confirmations bring the Commission up to its full strength of five commissioners.  Commissioner Adler‘s term expires in October... Read more...

CPSC "Adopts" New Monthly Progress Report Form

Posted: June 23rd, 2014 by Timothy L. Mullin, Jr. in CPSC Issues, Recalls

The CPSC recently adopted a new monthly progress report form.  Monthly progress reports are filed by companies for about a year after recalls are announced to allow CPSC staff to assess the effectiveness of the recall. The new form has some benefits.  The old form was hardly intuitive, and the new form is easier to understand.  It also reduces the amount of data requested. Interestingly, although the form clearly intends to modernize the data collection, it does not have a place to record c... Read more...

Buckyballs® Administrative Complaint is Settled

Posted: May 13th, 2014 by Timothy L. Mullin, Jr. in CPSC Issues

  The CPSC‘s administrative complaint against the manufacturer of Buckyballs® should be well known to our readers (see our previous coverage here and here).  We are co-counsel to Mr. Zucker, the former managing member of Maxfield and Oberton who was sued by the CPSC under the responsible corporate officer doctrine, and we have been engaged with the CPSC in discovery in the administrative proceeding for several months. On May 9, 2014, the Commission approved a settlement that resu... Read more...