Leachco Wins Round One: Administrative Law Judge Hands CPSC Complaint Counsel Loss In Rare Litigated Recall Matter
July 9, 2024, Arnold & Porter
In a rare litigated recall case initiated by the Consumer Product Safety Commission, only the third case in the last two decades to reach a merits decision by an administrative law judge (ALJ), the presiding ALJ has ruled that CPSC Complaint Counsel did not prove by a preponderance of the evidence that the product at issue presents a substantial product hazard as defined by the Consumer Product Safety Act and that a recall is therefore warranted. While Complaint Counsel may appeal this initial win for the litigating company, Leachco, Inc., the result may nevertheless prompt some companies to consider more seriously the option of rejecting recall requests from the agency when warranted by the facts and a careful analysis of the costs, benefits and risks in either path.
New York Gov. Hochul Signs Bills Aimed At Preventing E-Bike Battery Fires
July 11, 2024, Spectrum 1 News
Gov. Kathy Hochul signed a package of bills aimed at reducing the risk of e-bike battery fires. The legislation focuses on e-bike, e-scooter and moped safety standards, as well as the sale, storage and charging of lithium-ion batteries. “Today, we’re taking the first steps to extinguish the scourge of lithium-ion battery fires here in New York City,” Hochul said at a news conference in Manhattan. “Today is a win for consumer safety, it’s a win for public safety, and no one should ever, ever, worry that an e-bike they use to make a living is also putting themselves, their families and their neighbors in harm’s way.”
Research: New Hires’ Psychological Safety Erodes Quickly
July 11, 2024, Harvard Business Review
Across industries, from manufacturing to health care, the luxury of waiting years to benefit from new talent is long gone. Thriving in today’s dynamic economy means bringing new hires up the learning curve faster than ever. Yet, the authors’ latest research suggests one catalyst for learning is often lacking when it’s needed most: psychological safety. They show why newcomers are vulnerable to this loss and present strategies to help preserve their early willingness to speak up.
Who’s Behind The CPSC Commissioners: Understanding The Organization Chart At CPSC
July 2024, cpsc.gov
Every year consumer products are involved in thousands of deaths and millions of injuries. In recent years, there were nearly 51,000 deaths (2019) and 28.5 million medically treated injuries (2020) associated with consumer products. The Consumer Product Safety Commission (CPSC) is charged with protection of consumers from injuries and deaths due to consumer products that present unreasonable risks. In this regard, the organization chart of the agency is useful to all CPSC staff. It’s also important to regulated companies, its employees, and its consultants, all of whom are responsible for the safety of products that consumers purchase. The more effective they are in understanding the CPSC, its mission and its structure, the more likely they are to have more favorable outcomes. This organizational chart is a good place to start.
A Proposed Class Action Makes Clear That No Product Is Exempt From PFAS Litigation
July 10, 2024, National Law Review
Two consumer companies were hit with a class action regarding fragrance-free baby wipes. Plaintiffs alleged that the products contain 3.7 parts per billion of per- and polyfluorinated substances (PFAS), otherwise known as “forever chemicals.” The plaintiffs allege that although the baby wipes are advertised as “made with Naturally Derived Ingredients,” testing conducted by the plaintiffs’ counsel at an independent laboratory revealed the wipes contain 3.7 parts billion of the “forever chemicals.” This proposed class action, which involves Costco and Nice-Pak Products, Inc., is yet another example of the uptick in lawsuits against manufacturers and retailers involving allegations that products contain unsafe (or any) amounts of PFAS.
More Than 68,000 Temu Pajama Sets Recalled For Violating Federal Flammability Standards
July 11, 2024, WRAL News
Several different kids’ pajamas sold on Temu are being recalled because they violate federal flammability standards. A total of more than 68,000 pajama sets, made by three manufacturers, are covered under the recall from the Consumer Product Safety Commission. The manufacturers include Fashion Online Juvenno Kids and Lovely Angel all of China.
Commissioner Peter A. Feldman On New Addition To Senior Staff
July 8, 2024, cpsc.gov
Peter A. Feldman, Commissioner of the Consumer Product Safety Commission announced a new addition to his senior staff. Nicole Brightbill joined Commissioner Feldman’s office on July 1 as Chief Counsel. Ms. Brightbill most recently served as Principal Deputy Special Counsel in the U.S. Office of Special Counsel. “Nicole brings a strong record of public service and legal expertise to CPSC,” said Feldman. “The agency will greatly benefit from her experience, and I am excited to have her join my office.” he continued.
Ladder Of Learning: Simplifying Product Safety Management Education
June 30, 2024, EIN PressWire
‘Forever Chemicals’ Ban Could Impact Millions Of Americans
July 10, 2024, Newsweek
Pennsylvania has proposed a ban on the use of “forever chemicals” in a variety of products. The proposed House Bill 2238, which has not yet been passed, hopes to outlaw the use of PFAS chemicals in cleaning products, carpets, cookware, cosmetics, dental floss, food packaging, infant and children’s products, menstrual products, and textiles, among others, by 2027. “Because of the ubiquitous presence of PFAS in our environment, including water, soil and food, almost the entire population is exposed on a daily basis and it is thus difficult to completely avoid exposure,” Maaike van Gerwen, director of research for the Department of Otolaryngology at the Icahn School of Medicine at Mount Sinai, told Newsweek.
Rhode Island Joins The Fray, Banning PFAS In Numerous Consumer Goods
July 11, 2024, JD Supra
Joining the ranks of California, Maine, New York, Colorado, Minnesota, and Washington, Rhode Island has officially finalized a ban on the manufacture, sale and distribution of numerous products (as well as Class B firefighting foam) containing per- and polyfluoroalkyl substances (“PFAS”). H7356 (a/k/a “Consumer PFAS Ban Act of 2024” or “the Act”) was introduced in the Rhode Island House in late-January. Effective January 1, 2027, no person will legally be able to manufacture, sell, offer for sale or distribute in Rhode Island any “covered product” that contains “intentionally added” PFAS. “Covered products” include carpets or rugs, cookware, cosmetics, fabric treatments, juvenile products, menstrual products, ski wax, and textile articles. The same goes for artificial turf and outdoor apparel for severe wet conditions, unless accompanied by a “legible, easily discernable disclosure” including the following statement: “Made with PFAS chemicals.”
Analysis: The Supreme Court’s Latest Rulings On Administrative Agencies: Implications For Consumer Product Companies
July 11, 2024, JD Supra
In the final week of this year’s Supreme Court term, the Court issued several decisions that alter the role of federal agencies in the way laws are interpreted and enforced, and thus the way that business will be done in the U.S. These include: Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce,Securities and Exchange Commission v. Jarkesy and Corner Post v. Board of Governors of the Federal Reserve System.
