TreatiseTreatise

Consumer Product Safety Regulation: Impact of the 2008 Amendments

 by James T. O'Reilly
 
 Copyright: 2008

 Product Details >> 

Product Details

  • ISBN Number: 9781402411212
  • Page Count: 300
  • Number of Volumes: 1
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PLI’s Consumer Product Safety Regulation gives you comprehensive, compliance-enabling insight into the 2008 Consumer Product Safety Improvement Act, the most dramatic overhaul of consumer product safety legislation since the 1970s.
 
Written by one of the country’s foremost experts in the field, Consumer Product Safety Regulation shows you how the 2008 amendments bring substantially lower lead limits for children’s products; bans on certain chemical compounds in toys and child care articles; more rigorous testing, certification, and tracking of products; new product warnings in ads and on websites for toys and games; increased CPSC authority to effect and enforce product recalls; stronger whistleblower protections for workers who report suspected illegalities; and much more severe penalties for violations.
 
Consumer Product Safety Regulation shows the steps that regulated entities should take to comply with the new rules, including how to secure the services of an accredited product testing laboratory, and how to prepare credible certifications of compliance for toys and children’s products.
 
Updated periodically, Consumer Product Safety Regulation: Impact of the 2008 Amendments is a must for every executive, manager, and legal adviser involved with consumer products in the U.S.
  Consumer Product Safety Regulation 2009 Update "Suspension of Enforcement" Announced
Chapter 1: Understanding the Background
  • Operational Aspects of the 2008 Amendments2
  • The Consumer Product Safety Commission4
Chapter 2: Importer Liabilities
  • The Basics of Importer Liabilities8
  • The Hazard List14
  • Reporting Obligations of Importers16
  • Enforcement Expansions of U.S. Courts17
  • The New Bond Provisions18
  • Mandatory Testing and Paperwork Requirements20
    • Testing Requirement20
    • Certificates of Testing Compliance24
  • Information Reporting Requirements27
  • The “Hammer” of Destruction: Defective Products27
  • Cost Impact on Business30
Chapter 3: Product Recalls
  • The Basics of Product Recalls34
  • Reporting Obligations of Regulated Companies38
  • Corrective Action Plans42
  • Recall Notices45
  • The Recalls Database47
  • Tracking Labels49
  • The Role of Federal Courts in Product Recalls50
  • Regulated Persons51
Chapter 4: Whistleblower Protection
  • The Basics of Whistleblower Protection54
  • The Complaint Process58
    • Filing a Complaint58
    • Burden of Proof59
    • The Finding60
    • Hearings and Reviews62
    • Settlements64
  • Defending a Complaint65
    • Employer’s Burden of Proof and Defenses65
    • Settlements68
  • Federal Appeals Court Process69
    • Role of the Courts69
    • The Court’s Use of Labor Department Findings72
  • Union Employees73
  • Training for Employees74
Chapter 5: Toys and Children's Products
  • The Basics of Toys and Children’s Products Safety Provisions78
  • Lead Ban in Children’s Products84
    • Safe Levels84
    • Exceptions to the Lead Ban87
    • Feasibility of Lead Reductions88
  • Mandatory Third Party Testing and Certification90
  • Mandatory Tracking Labels91
  • Consumer Registration Requirement for Durable Nursery Products91
  • Labeling Requirements for Advertising Toys and Games92
  • Mandatory Toy Safety Standards94
  • Phthalates Ban95
  • Regulated Persons96
Chapter 6: Public Disclosure of Product Risk Information
  • The Basics of the Public Disclosure of Product Risk Information98
  • Section 15 Reporting Firms101
  • Timing of Disclosures103
  • Consumer Product Safety Database (Hazards Database)105
  • Data Sharing with Other Governments111
  • Privacy of Harmed Individual113
  • Regulated Persons114
Chapter 7: State Enforcement
  • The Basics of State Enforcement Power115
  • Federal Implications of State Authority119
    • Legal Precedents119
    • Preemption120
  • State Access to Privileged Information122
Chapter 8: Product Testing and Certification
  • The Basics of the Product Testing and Certification Requirement126
  • Accreditation of Third Party Conformity Assessment Bodies129
  • Firewalling Rules for Labs Owned or Controlled by Manufacturers130
  • Withdrawal of Accreditation134
  • Foreign Government Testing and Certification136
Chapter 9: Specific Product Controls
  • Converting to Mandatory Standards138
  • Restrictions on Specific Products139
    • Chemicals139
    • All-Terrain Vehicles140
    • Pool Drains142
    • Portable Gasoline Containers142
  • Special Exceptions143
  • “Not Quite Mandatory” Directives143
Chapter 10: Enhanced Penalties
  • The Basics of the New CPSC Penalties145
  • Prohibitions148
  • Remedies151
  • Civil Remedies151
  • Criminal Remedies152
    • Asset Forfeiture155
Chapter 11: CPSC Rules and Procedures
  • Rulemaking157
  • Private Standards159
  • Expedited Judicial Review160
  • Elimination of Reliance on Older Statutes163
  • The CPSC and Foreign Manufacturers165
    • CPSC Administration166
Chapter 12: Liability Consequences of the 2008 Amendments
  • Causes of Action for Breach of a CPSC Regulation or Standard171
    • Torts171
    • Private Right of Action173
    • Constitutional Preemption173
  • CPSC Records in Litigation174
    • Injury Records174
    • Consumer Product Safety Database (Hazards Database)174
    • Recall Records176
    • Uses of the Newly Available Risk Information179
  • Mandatory Standards179
  • Settlements of Tort Claims180
  • Significance of Availability of Risk Information182
Chapter 13: Appendix A: Consumer Product Safety Act, with 2008 Amendments
Chapter 14: Appendix B: Consumer Product Safety Modernization Act, Conference Report
Chapter 15: List of Questions
Chapter 16: Index to Consumer Product Safety Regulation

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