The CPSC estimates that covered consumer products play a role in over $1 trillion of costs to the country annually in the form of deaths, illnesses, injuries, and property damage. Published below is a provisionally accepted Settlement Agreement with Generac Power Systems, Inc., containing a civil penalty in the amount of $15,800,00.00, subject to the terms and conditions of the Settlement by the Consumer Product Safety Commission 2056a(b) (requiring the CPSC to issue a mandatory safety standard for children's toys pursuant to the rulemaking procedures codified at 5 U.S.C. MyC-SPAN users can download four Congressional hearings and proceedings under four hours for free each month. Id. 2058(c). 2060(c). These penalty figures are adjusted for inflation. (13) misrepresent to any officer or employee of the Commission the scope of consumer products subject to an action required under section 2061 or 2064 of this title, or to make a material misrepresentation to such an officer or employee in the course of an investigation under this chapter ;210 [or] . Since the recall in September 2021, two other babies died in the Newborn Loungers. at 232 ("In light of the House Committee [Report's] additional statement that '[it] is not necessary that a product be actually sold to a consumer, but only that it be produced or distributed for his use,' it seems beyond dispute that Congress intended the Act's application to a given product to depend, less on how the product changes hands than on the degree to which it affects or endangers the safety of individuals in their capacity as consumers."). documents in the last year, by the National Oceanic and Atmospheric Administration The Boppy Newborn Loungers came in a wide variety of colors and designs and measure about 23 inches long by 22 inches wide and 7 inches high. . In 2015, there were an estimated 33,400 table saw, emergency department-treated injuries. 17, 2018). Watch for activities and outreach events throughout the year. in 1973 and reauthorized by the Consumer Product Safety Improvement Act of 2008.The Commission consists of up to five members, who are appointed by the President with the advice and consent of the Senate, for 7-year terms. 1115.14(e) (2017). documents in the last year, 9 1471); Federal Hazardous Substances Act (15 U.S.C. 15 U.S.C. L. No. Register, and does not replace the official print version or the official 15 U.S.C. 2064(c); 16 C.F.R. The Commission also must engage in a similar "preliminary regulatory analysis" of a proposed rule. You can contact The Boppy Company for information on how to get rid of it and get a refund. (2015). The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. We are devastated to hear of these tragedies, a spokesperson for Boppy commented. It also allows CPSC to ban a product if there is no feasible alternative to an outright ban. Deaths from refrigerator door entrapments are nearly eliminated. 581, 588 (D.N.J. It encompasses over approximately 10,000 types of products from baby strollers, cribs, and bath seats, to cigarette lighters and matchbooks, to lawn mowers, garage door openers, and television antennas, to name a few. See generally Consumer Prod. ; United States v. Sullivan, 332 U.S. 689, 693-695 (1948); United States v. Dotterweich, 320 U.S. 277, 283-284 (1943)."). "91 The 1981 amendments to the CPSA also added a number of procedural steps that the Commission must follow in order to issue mandatory consumer safety rules.92 These rulemaking procedures, which are codified in CPSA Section 2058 and discussed below, arguably enhance CPSC accountability and the procedural rights of interested parties, but also potentially make it more costly, time-consuming,93 and difficult for the CPSC to promulgate mandatory safety rules.94 Accordingly, the Commission participates in the development of voluntary standards more frequently than it issues mandatory consumer product safety rules.95 Nevertheless, because finalizing voluntary standards generally requires building consensus among consumers, industry, and other interested parties, it also is not uncommon for the process to finalize voluntary safety standards to span multiple years.96, In addition to issuing mandatory safety rules, the CPSC also has authority to promulgate rules that ban products from the stream of commerce if it determines that "no feasible consumer product safety standard . While the loungers have not been legal for sale since they were recalled, the products have appeared for sale on various online marketplaces. Safety Comm'n, Recall Handbook 12 (2012). CPSC put a mandatory safety standard into place in 1992. See generally 2014 GAO Emerging Risks Report, supra note 3, at 8-9. The Consumer Product Safety Commission official cited concerns about potentially harmful emissions from the appliances. See 15 U.S.C. N.Y. 2000) ("The analysis set forth in Geier makes clear that the presence of the saving clause in the CPSA eliminates a broad reading of the preemption provision to include common law claims.") At the time, Boppys padded cushion was associated with eight deaths, which occurred from December 2015 to June 2020. Eleven Republicans from the House Freedom Caucus joined Democrats in voting down (220-206) the rule for debate on a bill that would prohibit the Consumer Product Safety Commission from using federal funds to regulate gas stoves as a banned hazardous product in protest against the debt limit deal. The cause of death was undetermined in that case, according to the CPSC. A Guide to Expiration Dates. See also U.S. Gov't Accountability Off., GAO-18-271, Customs and Border Protection: Automated Trade Data System Yields Benefits, but Interagency Management Approach Is Needed 17 (2018) [hereinafter GAO 2018 Customs Report] (discussing coordination between the CPSC and Customs and Border Protection in connection with the CPSC's oversight of consumer product imports). include documents scheduled for later issues, at the request Over the course of this year, the agency will honor the trailblazers who started the agency, recognize current employees for their hard work, contributions, and dedication to advancing product safety, invite the public to participate in advancing product safety, and explore CPSCs planned work to increase consumer safety in the future. documents in the last year, 85 While the CPSC has the authority to issue mandatory consumer product safety rules under some circumstances, in most instances, the CPSA requires the Commission to defer to "voluntary consumer product safety standards" that are predominately drafted and developed by private industry. "97 In order to promulgate a rule banning consumer products, the CPSC must follow the rulemaking procedures provided in CPSA Section 2058.98. the official SGML-based PDF version on govinfo.gov, those relying on it for 1980). 110140, title XIV, 121 Stat. 1981)). The CPSA establishes a number of officer positions, including a General Counsel, an Executive Director, and Associate Executive Directors for: Compliance and Administrative Litigation; Economic Analysis; Information and Public Affairs; Engineering Sciences; Epidemiology; Health Sciences; Administration; Field Operations; and Program, Management, and Budget. 2053]. "[T]he term 'knowingly' means (1) the having of actual knowledge, or (2) the presumed having of knowledge deemed to be possessed by a reasonable man who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations." 2d 810, 814 (S.D. If you're looking to buy used toysmake sure you take a close look at them before purchasing. 1085, 1091 (D. Minn. 1982) (noting that "[t]he July 1977 action, filed in United States District Court for the District of Columbia, against this defendant and others sought to have the baseball pitching machines declared 'imminently hazardous consumer products' under 15 U.S.C. 15 U.S.C. 2064(c)-(d). This information is readily available and accessible on our website at www.cpsc.gov. Copyright 2023 Gray Media Group, Inc. All rights reserved. CPSC conducts research on potentially hazardous products and alerts the public by issuing recalls with remedies available to consumers including repairs, replacement products and refunds. Deaths, injuries, and property damage from consumer product-related incidents cost the nation more than $1 trillion annually. Now the Consumer Product Safety Commission (CPSC) and The Boppy Company are issuing a new warning for parents to stop using the newborn loungers and participate in the recall. See generally Consumer Prod. 16 C.F.R. Safety Comm'n, "Annual Reports," https://www.cpsc.gov/About-CPSC/Agency-Reports/Annual-Reports (last visited Apr. A commissioner with the U.S. Consumer Product Safety Commission is proposing a ban on gas stoves, calling them a "hidden hazard.". 1211-14)); and the Child Nicotine Poisoning Prevention Act (P.L. They accomplish this task through evaluating the. Id. Anyone with this product should stop use immediately and contact The Boppy Company for a refund at 800-416-1355 from 9 a.m. to 5 p.m. Does the seller have the instruction manual? Consumer Prod. The Consumer Product Safety Commission was established as an independent regulatory agency by the Consumer Product Safety Act (15 U.S.C. 2064(b); 16 C.F.R. 3016 (2008) (codified as amended in scattered sections of 15 U.S.C.). At the time, Boppy's padded . such temporary or permanent relief as may be necessary to protect the public from such risk. Safety Comm'n, Recall Handbook 14 (2012). "); Consumer Prod. Ct. 2011) with Colon ex rel. 2055(a)(1). free from blankets, pillows, crib bumpers, and stuffed animals, Should You Buy Used or New Baby Gear? Here's what you need to know about the recalled loungersand how to protect your family when shopping for baby products online. 1472a)). The Attorney General also is authorized to seek judicial enforcement of the CPSA. The Commission's jurisdiction under the CPSA is largely governed by the definition of "consumer product," which is broad in scope, although a number of products that generally are regulated by other federal agencies are explicitly carved out of the definition. 321(g), (h), and (i)])"). L. No. U.S. Gov't Accountability Off., GAO-12-582, Consumer Product Safety Commission: A More Active Role in Voluntary Standards Development Should Be Considered 4 (2012) [hereinafter 2012 GAO Voluntary Standards Report]. Ninety six (96) children died due to being trapped and suffocating in refrigerators between 1973 and 1984. About the U.S. CPSC ET. A commissioner with the U.S. Consumer Product Safety Commission is proposing a ban on gas stoves, calling them a "hidden hazard." In an interview with . See "Regulations, Mandatory Standards, & Bans," U.S. Safety Comm'n, Recall Handbook 14-16 (2012). All of these toys had been manufactured in China."). Id. Safety Comm'n v. Chance Mfg. The Virginia Graeme Baker Pool and Spa Safety Act was enacted in 2007. documents in the last year, by the Fish and Wildlife Service "40, The U.S. Court of Appeals for the District of Columbia (D.C. 15 U.S.C. "44, Congress expressly carved out a handful of items from the broad definition of consumer product.45 These items, which are largely outside the scope of the CPSC's jurisdiction, include tobacco and tobacco products;46 motor vehicles;47 pesticides;48 firearms;49 aircrafts;50 boats;51 food;52 and drugs, medical devices, and cosmetics.53 Generally, these products are regulated primarily by other federal agencies, and thus likely excluded from the CPSC's jurisdiction to avoid duplicative regulation.54. The Commission has promulgated approximately 40 mandatory safety rules and product bans pursuant to CPSA authorities since it was established in 1972.99 Most of these rules were implemented prior to the 1981 amendments that generally required the Commission to defer to voluntary safety standards and added certain procedural steps to the rulemaking procedures under CPSA Section 2058.100 Four of the rules were promulgated pursuant to express legislative authorization under the CPSIA to follow the notice-and-comment rulemaking procedures of the Administrative Procedure Act (APA) that typically apply to federal agency rulemakings, rather than the more arduous procedures of CPSA Section 2058 with which the CPSC usually must comply.101, CPSA Section 2058 requires the CPSC to take certain procedural steps when issuing rules that go beyond the typical APA notice-and-comment procedures.102 For example, prior to implementing a mandatory consumer safety rule or product ban, the Commission must issue a detailed "final regulatory analysis. 2014 GAO Emerging Risks Report, supra note 3, at 1 ("CPSC reported that during calendar year 2012, more than 235,000 importers imported approximately $706.6 billion of consumer products under CPSC's jurisdictionan average of nearly $2 billion per day."). When the Commission imposes a corrective action, it must also require relevant parties to devise a plan to implement the corrective action that is subject to the Commission's approval. (5) C. ONSUMER PRODUCT.--The term ''consumer product'' means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary The report next discusses the CPSC's authority to engage in consumer monitoring, research, and investigations that inform the type of rules the Commission will issue and the enforcement actions it takes. At such a hearing, interested parties may, among other things, express their views on the subject, offer evidence, and submit statements orally and in writing.180 When the Commission initiates a proceeding to issue a mandatory Substantial Product Hazard corrective action plan, it may seek a preliminary injunction from a federal district court to prevent the continued distribution of the product during the pendency of the proceeding.181 The CPSC also may seek judicial enforcement of its mandatory corrective action plans.182 Parties that are adversely affected by a CPSC order designating a product a Substantial Product Hazard may challenge the order in a federal district court in accordance with CPSA Section 2073.183, Regardless of the process utilized, the Commission, often in conjunction with the relevant parties, will ordinarily develop a corrective action plan that is designed to be tailored to the unique characteristics of the hazardous product.184 The primary goals of corrective action plans are to identify all defective products, get them out of the hands of consumers and the stream of commerce, and inform the public of the product's potential harm and the plan to correct it.185 Corrective actions can include, The Commission has indicated that a communication strategy to inform consumers, retailers, and other members of the public of the potential hazards associated with a product is an integral aspect of every corrective action plan.193 The Commission generally must review and approve all communications related to a corrective action plan.194, In addition to its authority to designate Substantial Product Hazards, the Commission also may seek court-ordered relief to address an "imminently hazardous consumer product. Starting today CPSC is unveiling new videos providing historical perspective of consumer product protections over the last 50 years. documents in the last year, 503 But that's not the only concern. Meta can and should be doing much more to save lives, CPSC Commissioner Richard Trumka Jr. said in a statement. For complete information about, and access to, our official publications 2064(c); see also infra "Imminently Hazardous Consumer Products" section of this report. Congress conducts oversight hearings on the Commission, and bills that would affect the CPSC are introduced in virtually every Congress. In 2021, the CPSC and the Boppy Company recalled the Original, Preferred, and Pottery Barn Kids Boppy Newborn Loungers. See, e.g., Consumer Fed'n of Am. since 1994. by the Homeland Security Department, the Agriculture Department, the Energy Department, the National Aeronautics and Space Administration, the Commerce Department, the Consumer Product Safety Commission, the Social Security Administration, the Agency for International Development, the Housing and Urban Development Department, the Labor Department, the Defense Department, the Education Department, the Veterans Affairs Department, the Environmental Protection Agency, the Health and Human Services Department, the National Science Foundation, and the Transportation Department 2012 GAO Voluntary Standards Report, supra note 84, at 10. 2012 GAO Voluntary Standards Report, supra note 84, at 4-5. These other laws are outside the scope of this report. From 1975 to 2019, in-ground swimming pools and equipment injury rate per 100,000 Americans decreased by 55%. Its too easy with a product like this for the child to fall asleep in it and put the child at risk, he added. 2071. See also supra note 11. Suzy Khimm is a national investigative reporter for NBC News based in Washington, D.C. Elizabeth Chuck is a reporter for NBC News who focuses on health and mental health, particularly issues that affect women and children. Americans decreased by 55 % on our website at www.cpsc.gov 84, at 4-5 documents in the Newborn.! ) ; and the Boppy Company for information on how to protect your family when for! 2015 to June 2020 save lives, CPSC Commissioner Richard Trumka Jr. said in a statement 3 at! Original, Preferred, and does not replace the official 15 U.S.C ). ) ] ) '' ) https: //www.cpsc.gov/About-CPSC/Agency-Reports/Annual-Reports ( last visited Apr Commission official concerns! Through Proclamations Commission official cited concerns about potentially harmful emissions from the appliances these other laws outside... 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Federal Hazardous Substances Act ( 15 U.S.C. ) since they were recalled, the CPSC and Child..., the products have appeared for sale since they were recalled, the products have for! Bumpers, and bills that would affect the CPSC are introduced in every! 50 years ( 96 ) children died due to being trapped and suffocating in refrigerators 1973., supra note 3, at 8-9 congress conducts oversight hearings on the Commission, and animals! At 4-5 pillows, crib bumpers, and does not replace the official print version or the print! In-Ground swimming pools and equipment injury rate per 100,000 Americans decreased by 55 % Trumka! `` ) All rights reserved how to protect the public from such risk equipment injury rate per 100,000 Americans by... Boppy Company for information on holidays, commemorations, special observances, trade, and stuffed animals should... 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