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The Perfect Storm
Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August in response to a perceived product safety crisis arising from several recent high-profile recalls of imported children's products. Many viewed the legislation as a child protection law passed to prevent dangerous imports from hitting domestic store shelves before this year's holiday shopping season. It therefore enjoyed overwhelming bipartisan support, despite objections from industry, trade associations and the White House. The law gives the Consumer Product Safety Commission (“CPSC”) new enforcement powers to police violations related to consumer products, and other products and substances.
Unintended Consequences
When Congress passes new legislation in a crisis environment, the legislation typically has unintended consequences, and the CPSIA is no exception. The new law's reach extends far beyond children's toys and will impact manufacturers, importers, distributors, and retailers of more than 15,000 consumer products. But its reach goes further still ' the law explicitly broadens the CPSC's policing and enforcement powers to cover violations of the Federal Hazardous Substances Act (FHSA), the Flammable Fabrics Act (FFA), the Poison Prevention Packaging Act (PPPA), the Refrigerator Safety Act, the Children's Gasoline Burn Prevention Act and the (new) Virginia Graeme Baker Pool and Spa Safety Act ' making it a violation to sell, manufacture for sale, or import any consumer product, or other product or substance that fails to comply with any rule, regulation, standard or ban under the CPSA, or any other Act enforced by the CPSC.
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