In the News: April 7, 2025

Federal Court Orders Sunsetter To Pay $9.25 Million For Alleged Failure To Timely Report
April 2, 2025, U.S. Attorney’s Office, District of Massachusetts
A federal court in Massachusetts entered a consent decree requiring SunSetter Products LP (SunSetter) to pay $9.25 million in civil penalties and implement and maintain a robust compliance program to prevent future illegal conduct. In a complaint filed April 6, 2023, the government alleged that SunSetter failed to timely report to the Consumer Product Safety Commission (CPSC) a defect affecting approximately 270,000 protective covers used with SunSetter retractable awnings. “This consent decree is an important reminder of the affirmative obligation to report product hazards in a timely manner,” said Acting Chairman Peter A. Feldman of the CPSC. “I appreciate the work of CPSC staff and our partners at DOJ in resolving this matter and keeping American consumers safe,” Feldman said.

Trump’s De Minimis Order Poised To Upend E-Commerce
April 4, 2025, New York Times
President Trump ordered the closure of a loophole that allows retailers to send clothes and other goods from China directly to American shoppers without paying tariffs. But the order could raise prices for consumers and create delays as delivery companies and the United States Postal Service are forced to verify the value of many more packages than they do now, trade and logistics experts said. The loophole, known as the de minimis exemption, currently applies to goods worth less than $800. The order, which takes effect on May 2, removes the exemption from packages from China and Hong Kong. By ending the exemption, Customs and Border Protection will now collect tariff revenue on shipments worth less than $800.

 How To Prepare For A Meeting Where Emotions Will Run High
April 2, 2025, Harvard Business Review
Managing sticky, emotionally loaded situations comes with leadership. You sometimes must deliver bad news to your team, address a client’s frustration, provide tough-to-hear performance feedback or communicate a mistake or delay that affects the business. These moments can be tense, and even experienced leaders can feel stressed and unsure, worried about escalation or unintended fallout. By visualizing success, focusing on the positives, deliberately modifying the situation and building in buffer zones, you will navigate fraught meetings more confidently and successfully.

PFAS In Consumer Products: State-By-State Regulations – Updated March 2025
April 1, 2025, BCPL (JD Supra)
Manufacturers, distributors and retailers of consumer products across a broad spectrum of industries are being impacted by state laws regulating the presence PFAS in their products. This area is rapidly developing as states create new laws or amend existing ones, and the penalties and litigation risks for non-compliance can be significant. Here is an overview of enacted and proposed state laws and regulations as of March 27, 2025, to assist in investigating whether products may be impacted.

CPSC International Programs: To Ensure The Safety Of Imported Consumer Products Used In The U. S.
April 2025, cpsc.gov
Most consumer products under CPSC’s jurisdiction are imported. The goal of all of CPSC’s international activities is to ensure the safety of imported consumer products used in the United States. International Program pursues this goal by working with international partners to improve manufacturing and regulatory coordination and to encourage the use of best practices that will protect consumers. International programs works with: Industry associations; Foreign government agencies that focus on safer products; Organizations such as the Organization for Economic Co-operation and Development, the Organization of American States and the United Nations; and Other foreign organizations engaged in consumer product safety work.

UK: The Cost Of Product Recall Isn’t Just Rising – It’s Rocketing
April 1, 2025, Insurance-edge.net
So far in 2025, the UK has seen a spike in consumer product recalls. According to the Office for Product Safety and Standards (OPSS), over 380 recalls have already been issued in Q1 alone – a 22% increase from the same period in 2024. For insurers underwriting these liabilities, the economics is unsettling. Experience shows that the average cost of a product recall claim in the UK now ranges between £2.5m and £5m, but larger cases can easily exceed £10m. Add in class actions or cross-border implications, and it becomes clear: this isn’t a niche risk. It’s a structural threat.

Product Risks Today: How The New Product Liability Directive Facilitates Private Enforcement
April 1, 2025, Freshfields
The EU’s new Product Liability Directive (PLD), effective as of December 8, 2024, brings significant updates to the 1985 product liability regime. Member States must implement it into national law by 9 December 2026. Among its key changes are two claimant-friendly procedural mechanisms: enhanced disclosure obligations and presumptions for defect and causation, making it easier for claimants to prove their case. These changes aim to address challenges claimants face in proving liability, tilting the scales significantly in their favor and increasing the liability risks for manufacturers.

Attorney Says Retailers Should Settle More Claims Before They Turn Into Lawsuits
April 1, 2025, National Retailer Federation
 Whether it’s worker compensation, customer slip-and-falls or allegations of harm from “forever chemicals,” a top claims consultant says retailers need to settle more claims before they escalate into litigation with the risk of “nuclear” verdicts. “A lot of our retail clients are a little bit afraid of providing a little bit higher settlement,” said Luke Harrison, managing director and U.S. national practice leader for claims consulting at Marsh McLennan. “It’s something that feels non-traditional to them, but when you look at what the cost differential is between a litigated and non-litigation claim, it really makes a lot of sense.”

Analysis: More Than 1.3M New Yorkers At Risk If EPA Weakens PFAS Standards
April 3, 2025, ewg.org/news-insights
 More than 1.3 million New Yorkers could lose critical protection from the toxic as PFAS in their tap water if the Environmental Protection Agency rolls back its historic, science-based PFAS drinking water standards. That’s the conclusion of a new analysis released by the Environmental Working Group with Citizens Campaign for the Environment. The analysis shows that at least 189 New York water systems, primarily serving residents on Long Island, have detected these chemicals above levels set in the landmark drinking water limits for six PFAS. The analysis is based on recent state and federal tests of PFAS in water. 

 CPSC: Sixth STURDY Recall This Year
April 1, 2025, furnituretoday.com
The Consumer Product Safety Commission has recalled a series of dressers sold on Wayfair for tip-over risk and instability. This is the sixth STURDY-related recall so far this year. The recall involves the George Oliver-branded dresser, a six-drawer, wooden-double dresser measuring 31 inches tall, 47 inches wide and 15.5 inches deep and sold in a cream color. CPSC says the dressers pose “serious tip-over and entrapment hazards,” as well as tripping hazards from two metal support legs. It said the dressers violate performance and warning label requirements of the STURDY Act.

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