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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
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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