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CPSC Reform Legislation Before President for Signing into Law

Client Alert | 1 min read | 08.08.08

On Wednesday, July 30, H.R. 4040, the conference report to the "Consumer Product Safety Improvement Act of 2008" passed in the House of Representatives by a vote of 424 - 1. Late Thursday, July 31, the conference report passed in the Senate by a vote of 89 - 3. The President is expected to sign the bill into law in the next several weeks. Among other reform measures, the Act calls for broad changes in children's products safety and CPSC enforcement authority. Some notable provisions include:

  • Defining children's products as those intended for use by children 12 years old and younger
  • Enacting a progressive ban on lead in children's products
  • Permanently banning three types of phthalates (DEHP, DBP, BBP) concentrations above 0.1 percent while temporarily banning three others (DINP, DIDP, DnOP) in children's products
  • Additional requirements on certain children's products and toys including tracking labels, third party testing and advertising and labeling rules
  • Requiring manufacturers of durable infant and toddler products to provide consumers with a postage-paid consumer registration form with each such product
  • Establishing a publicly available, searchable, accessible database of consumer reports of harm
  • Broadening CPSC authority to recall products and modify corrective action plans
  • Enhancing CPSC authority to identify complete supply chains
  • Significantly increasing civil penalties to $100,000 per violation or up to $15 million for a related series of violations as well as increasing criminal penalties from a maximum of one year to a maximum of five years

Insights

Client Alert | 6 min read | 03.26.24

California Office of Health Care Affordability Notice Requirement for Material Change Transactions Closing on or After April 1, 2024

Starting next week, on April 1st, health care entities in California closing “material change transactions” will be required to notify California’s new Office of Health Care Affordability (“OHCA”) and potentially undergo an extensive review process prior to closing. The new review process will impact a broad range of providers, payers, delivery systems, and pharmacy benefit managers with either a current California footprint or a plan to expand into the California market. While health care service plans in California are already subject to an extensive transaction approval process by the Department of Managed Health Care, other health care entities in California have not been required to file notices of transactions historically, and so the notice requirement will have a significant impact on how health care entities need to structure and close deals in California, and the timing on which closing is permitted to occur....