What You Need to Know about the Consumer Product Safety Improvement Act of 2008
By David C. Rocker and Michael O. Stephenson
The Consumer Product Safety Improvement Act, which was recently signed into law, sets restrictions on the manufacture and distribution of consumer products, places a strong focus on children's products, and creates or enhances existing requirements for record-keeping. It is important to be familiar with this new law as the sale of products that do not comply can result in significant civil and criminal liability.
This advisory does not cover all requirements of the Act. The Consumer Product Safety Commission (CPSC) will be issuing further regulations and interpretations of the Act's requirements. We will strive to keep our clients informed of significant developments when they happen.
A key provision of the Act is that it prohibits manufacturing or importing a consumer product in advance of the effective date of a new product safety rule—either under the Act or other legislation—at a rate greater than the rate at which that product was produced or imported prior to the promulgation of that rule.
Manufacturers, distributors, importers, sellers and advertisers must be aware of the Act's requirements. Some requirements were effective as of Nov.12, 2008; others become effective at later dates. Unless otherwise noted, the requirements discussed in this advisory were effective Nov. 12, 2008. Continue reading...
