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As a member of the firm’s Technology, Manufacturing & Transportation team, Brandan represents clients in the defense and prosecution of cases involving product liability, transportation matters, complex commercial litigation, construction law, insurance law and personal injury. He has focused extensively on product liability cases involving fires and explosions as well as on toxic tort matters.

The United States Consumer Product Safety Commission (“CPSC”) continues to seek significant civil penalties from companies that fail to “immediately” report potential product safety problems in a timely fashion. The newest installment in this trend occurred when CPSC announced a $4.5 million civil penalty against PetSmart. CPSC stated that, between 2011 and 2014, “PetSmart received at least 19 reports of fish bowls cracking, breaking, or shattering during normal use, resulting in serious injuries to consumers in at least 12 cases.” However, CPSC went on to say that the company failed to “immediately notify CPSC of the defect or risk posed by the fish bowls.”  Moreover, CPSC claims that the company “failed to identify the correct amount and distribution dates of the fish bowls” during the initial recall of the product.

Under Federal law, once a reporting requirement arises under the Consumer Product Safety Act, it must be reported to CPSC “immediately” or within 24 hours of discovery.

The product originally sold in stores for approximately $20.

The United States Consumer Product Safety Commission announced  nine (9) recalls during the week of February 15, 2016. The announcements include two different recalls on the basis of the potential for exposure to mold.  The following is a list of those recalls with links to the respective announcements from CPSC.

  1. Paper boxes recalled due to presence of mold

The United States Consumer Product Safety Commission announced six (6) recalls during the week of February 8, 2016. The announcements include a recall of propane gas which lacked sufficient odorant to warn consumers of a leak.  The following is a list of those recalls with links to the respective announcements from CPSC.

  1. Snowmobile recalled due to brake

As previously discussed here, the U.S. House of Representatives Energy & Commerce Committee will hold a hearing entitled “Industry Perspectives on the Consumer Product Safety Commission” on Wednesday, March 10, 2016.  It is clear from a Background Memo published yesterday that the Committee intends to delve into some of the highest profile issues in the CPSC regulated community from recent years.  The Committee also announced the witnesses testifying at the hearing as well as the topics that may be explored.

The United States Consumer Product Safety Commission announced ten recalls during the week of February 1, 2016. The recalls include a diverse set of products ranging from a computer used for SCUBA diving to decorative baby rattles.  The following is a list of those recalls with links to the respective announcements from CPSC.

    1. Dive computers recalled

The House Energy & Commerce Committee will hold a hearing entitled “Industry Perspectives on the Consumer Product Safety Commission.”  The hearing will take place on Wednesday, March 10, 2016, at 10:15 a.m. (ET).  The Energy & Commerce Committee has oversight over the U.S. Consumer Product Safety Commission (CPSC) and the hearing will focus on “evaluating

Update to the TMT Industry Insider article, “New Federal Safety Standard Proposed for Phthalates in Children’s Toys and Certain Child Care Articles,” which was posted on February 12, 2015. The deadline to submit comments on the proposed CPSC rule on phthalates has been extended to April 15, 2015.

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A new and more stringent federal safety standard for phthalates in children’s toys and certain child care articles was proposed by the U.S. Consumer Product Safety Commission (“CPSC” or “Commission”) on Dec. 30, 2014. See Consumer Product Safety Commission, Prohibition of Children’s Toys and Child Care Articles Containing Specified Phthalates, 79 Fed. Reg. 78324 (Dec. 30, 2014) (amending 16 C.F.R. § 1307). This proposed rule on phthalates (the “proposed rule”) would establish a new federal standard on the use of specified phthalates in children’s toys and child care articles and expand the list of permanently banned phthalates under current law.