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 | 3 min read | 05.28.26
Earlier this month, the U.S. Environmental Protection Agency (EPA) withdrew a February 2024 Biden administration proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units,” under the Resource Conservation and Recovery Act (RCRA).[1] The withdrawn proposal would have revised RCRA corrective action regulations to expressly apply the broader statutory definition of “hazardous waste,” rather than only the narrower regulatory definition. Now, EPA is maintaining the status quo for corrective action under RCRA. However, EPA’s withdrawal of its proposed RCRA hazardous waste definition makes no mention of its corresponding proposal from 2024 to list nine per- and polyfluoroalkyl substances (PFAS) as RCRA hazardous constituents.[2] This disjointed withdrawal, while providing some certainty for regulated entities, does not resolve how EPA plans to address PFAS under the RCRA program.
Client Alert | 8 min read | 05.28.26
Texas Targets Big Tech With Wave of Suits and Investigations, Part of Nationwide Trend
Client Alert | 7 min read | 05.27.26
Colorado Hits Reset on AI Regulation: SB 26-189 Repeals and Reenacts the Colorado AI Act
Client Alert | 3 min read | 05.27.26
Don’t Get Left in the Doghouse: The Federal Circuit’s Global K9 Case and the Duty to Intervene
