Consumer Products and Retail Navigator: Legal Insights for the Consumer Product and Retail Industries
Welcome to the Consumer Products and Retail Navigator, an Arnold & Porter blog where we provide insights into critical issues and developments that impact companies in the consumer products and retail industry. Supported by a deep bench of seasoned attorneys, we provide context to consumer product issues including product safety, regulatory compliance, advertising claims, trade practices, class action lawsuits, and much more. Consumer Products and Retail Navigator stays on top of laws, rules, policies, cases, and trends across the sector, helping to equip companies’ legal and compliance teams to provide critical support to their business units. For more information, please feel free to reach out directly to blog contributors and editors or to any Arnold & Porter Consumer Products practice group practitioner.
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May 2, 2025
Sparks Fly: CPSC Votes To Publish NPR on Safety Standards for Lithium-Ion Batteries in Micromobility Products
On April 30, 2025, the U.S. Consumer Product Safety Commission (CPSC) voted by a 3–2 party-line vote to publish a notice of proposed rulemaking (NPR or proposed rule) that, if finalized, would establish a new mandatory safety standard for lithium-ion batteries used in micromobility products such as bicycles, scooters, hoverboards, skateboards, and unicycles.
May 15, 2025 Update: Following President Trump’s firings last week of all three of the Democratic CPSC Commissioners (Alexander Hoehn-Saric, Richard Trumka, Jr., and Mary Boyle), the now two-member Commission – comprised of Acting Chairman Peter Feldman and Commissioner Douglas Dziak, both Republicans – voted unanimously to withdraw the NPR regarding lithium-ion batteries in micromobility products.
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May 15, 2025 Update: Following President Trump’s firings last week of all three of the Democratic CPSC Commissioners (Alexander Hoehn-Saric, Richard Trumka, Jr., and Mary Boyle), the now two-member Commission – comprised of Acting Chairman Peter Feldman and Commissioner Douglas Dziak, both Republicans – voted unanimously to withdraw the NPR regarding lithium-ion batteries in micromobility products.
April 21, 2025
The End of CPSC as We Know It? Trump Administration May Be Considering Moving Product Safety to Health Department
An idea that was first floated — and then shelved — more than 50 years ago may become reality, if an apparent Trump administration draft budget proposal moves forward. If enacted, that proposal would shutter the U.S. Consumer Product Safety Commission (CPSC) as it has existed since its creation in 1972 and transfer CPSC’s functions to the Department of Health and Human Services (DHHS).
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March 31, 2025
Beyond CPSC Recalls: Peloton Wins Motion To Dismiss on Investors’ Bike Recall Claims
A federal court decision in favor of Peloton Interactive, Inc. (Peloton) provides insights into how consumer product companies may protect themselves in federal securities litigation related to product recalls.
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February 18, 2025
White House, DOJ Actions May Pose Additional Challenges for CPSC
On February 11, 2025, President Trump issued another executive order (EO) titled, “Implementing the President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative” that aims to further reduce the size of the federal government. On February 12, the Department of Justice (DOJ), through the Acting Solicitor General, sent a letter to Congress stating that DOJ has determined that the statutory tenure protections for members of CPSC and other multi-member regulatory commissions are “unconstitutional.”
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February 11, 2025
The Trump Administration’s Recent Executive Orders: What May Lie Ahead for CPSC
As the second Trump administration unfolds, one of the key points of interest for companies affected by any federal agency is which of the regulatory projects and priorities active before the transition will continue apace, which will move up or down the to-do list, and which may fall off completely. As with other federal agencies, this is an open issue for the U.S. Consumer Product Safety Commission (CPSC or the Commission), and the agency’s composition adds some extra nuance.
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November 22, 2024
Canadian Company Settles CPSC’s Late Reporting Allegations for $16 Million
On November 18, 2024, the U.S. Consumer Product Safety Commission (CPSC or the Commission) announced its first civil penalty settlement of calendar year 2024. By a 5-to-0 vote, the Commission provisionally accepted a statutory maximum $16.025 million civil penalty settlement agreement with Canadian manufacturer Bestar Inc. (Bestar). However, CPSC suspended $12 million of the penalty due to the company’s inability to pay.
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August 28, 2024
CPSC: Amazon Must Provide Notice and Action Plan To Address Hazardous Products
On July 29, 2024, the U.S. Consumer Product Safety Commission (CPSC or Commission) issued a Decision and Order against Amazon.com, Inc. (Amazon), unanimously finding that 400,000 items sold by third-party sellers through Amazon’s Fulfilled by Amazon (FBA) program presented “substantial product hazards” as defined by the Consumer Product Safety Act (CPSA) and that Amazon was a “distributor” for purposes of the CPSA.
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August 28, 2024
CPSC Concludes Amazon Is a CPSA “Distributor” of Products Sold as Part of Its Fulfilled by Amazon Program
On July 29, 2024, the U.S. Consumer Product Safety Commission (CPSC or the Commission) issued a unanimous Decision and Order finding Amazon legally responsible for the recall of certain products that were listed for sale by third-party sellers on Amazon.com through Amazon’s Fulfilled by Amazon (FBA) program.
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July 9, 2024
Leachco Wins Round One: Administrative Law Judge Hands CPSC Complaint Counsel Loss in Rare Litigated Recall Matter
In a rare litigated recall case initiated by the U.S. Consumer Product Safety Commission (CPSC or the Commission) — indeed, 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 (CPSA), and that a recall is therefore warranted.
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July 3, 2024
Fourth Circuit Sets Off Fireworks: CPSC Notices of Non-Compliance Are Not Final Agency Action
Just in time for Independence Day, the U.S. Court of Appeals for the Fourth Circuit has ruled against Jake’s Fireworks Inc. and affirmed a lower court decision that held Consumer Product Safety Commission (CPSC or the Commission) Notices of Non-Compliance (Notices) are not final agency actions subject to review under the Administrative Procedure Act (APA).
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