$5 Million Penalty: CPSC enforcement of Poison Prevention Packaging standards: the first of many?
April 26, 2018, JDSupra (DLA Piper)
A recent investigation and lawsuit show that the Consumer Protection Safety Commission (CPSC) is taking seriously violations of Poison Prevention Packaging Act (PPPA) standards – even without an injury. This year, the US District Court for the District of New Jersey entered a consent decree imposing a $5 million civil penalty against a multinational pharmaceutical company for knowingly violating the PPPA and the Consumer Product Safety Act (CPSA).
Legal risks for consumer products companies
April 24, 2018, Morrison and Foerster
Developing and maintaining consumer trust is central to operating a successful consumer products company. Product recalls, contaminations, product defects, privacy violations, and data breaches can all undermine consumer trust in a company and its products. These risks, and the risks of related litigation, only increase when products are connected to the internet, contain sensitive consumer information, or operate autonomously.
CPSC’s Expanded Prohibition on Phthalates in Children’s Products Set to Take Effect
April 23, 2018, Lexology (Bryan Cave)
The Consumer Product Safety Commission’s (CPSC) final rule expanding phthalate restrictions in children’s toys and child care articles takes effect this week, on April 25, 2018. The rule renews the ban on DEHP, DBP and BBP, makes the interim ban on DINP permanent, and adds four new phthalates to the list of banned phthalates in children’s products.
Authorities urge child safety around blinds after infant death
April 26, 2018, tmj4.com
The recent death of a Sheboygan County one-year-old strangled by window blind cords is an unfortunate reminder about the hazards window blind and shade cords pose to young children. According to the United States Consumer Product Safety Commission nearly one child a month dies from cord entanglement.
Internet of Things update: CPSC to consider safety of IoT products
April 26, 2018, National Law Review (Covington)
Recently, the U.S. Consumer Product Safety Commission (“CPSC”) issued a Public Notice announcing that it will be conducting a hearing on May 16, 2018 to receive information from all interested parties about potential safety issues and hazards associated with Internet-connected consumer products.This hearing reflects the CPSC’s recognition that although IoT products hold the promise of many benefits for consumers, such products raise safety concerns where none existed in the past and pose a challenge for regulators, standards organizations, industry actors, and consumer advocates alike to address.
Judge says glyphosate can be listed under Prop 65
April 24, 2018, kmjnow.com
A California Appeals Court sided with the Center for Food Safety and the state of California in affirming that Monsanto’s glyphosate can be listed under Prop 65. The listing says glyphosate is a known carcinogen. Monsanto filed a lawsuit challenging a California announcement that it would be listing glyphosate, the active ingredient in Monsanto’s Roundup herbicide, under California’s Prop 65.
Advocates’ letter urges CPSC action on toothpick crossbows and the risk to children
April 25, 2018, Letter
In a letter addressed to each CPSC Commissioner, safety advocates voice concern about the potential risk to children from miniature toy crossbows that can shoot toothpicks, needles, nails and other sharp projectiles. They say that products have already injured children in China, and are now available in the United States. They ask that the Consumer Product Safety Commission look into these products and act to keep the products out of the U.S. marketplace.
European Commission proposes new directive to protect EU whistleblowers
April 26, 2018, National Law Review (Katten)
On April 23, the European Commission (EC) adopted a package of measures, including a draft Directive and an Impact Assessment, to protect whistleblowers who report breaches of EU law.The definition of a “whistleblower” under the proposed new Directive would encompass any person who has “privileged access to information about breaches that can cause serious harm to the public interest and who may suffer retaliation if they report” (i.e., not just employees, but also self-employed people, contractors, unpaid trainees and even job applicants).
Toys R Us Canada Finds Safety Net Amid U.S. Chain’s Demise
April 24, 2018, Huffington Post
Toys “R” Us’s Canadian operations have found a safety net months after the retailer’s demise in the U.S. and overseas. Documents filed in a Richmond, Va. bankruptcy court on Monday revealed the retailer will be cancelling an auction for its 82 Canadian stores and seeking approval on Tuesday to sell them to Toronto-based Fairfax Financial Holdings Ltd., which is involved in property and casualty insurance and reinsurance and investment management.
How technology is helping firms manage logistics and compliance risk
April 25, 2018, Journal of Commerce
The transportation and logistics industry is heavily regulated, with myriad federal, state, local, and international laws on the books whose terms are directly reflected in the contracts that exist between companies in this space and their suppliers, employees, contractors, and customers. This poses a considerable compliance burden, as well as a legal, financial, and public relations risk that is associated with being out of compliance — or in material breach — of any of the commitments within any of those contracts. But technology can help manage these risks.
