New Consumer Product Safety Laws and Regulations:  Consumer Product Safety Improvement Act of 2008

by Mark R. Kaster and Nena F. Street

On August 14, 2008, Congress enacted the Consumer Product Safety Improvement Act (the "Improvement Act") which mandates a comprehensive overhaul of consumer product safety laws. While the full impact of the Improvement Act continues to evolve, the effects of the law will be felt by manufacturers, importers, warehousers, retailers, consumers, lenders and all facets of the consumer products industry, particularly the children's products industry.

The new consumer product safety laws and regulations will dramatically change the way companies do business. Companies must rapidly evaluate their entire product lines and take immediate action to respond to the new Improvement Act's legal requirements. Changes will have to be internalized at all levels of the company and to its overseas manufacturers, factories, raw material suppliers, vendors, importers and customer base. There is sure to be greater enforcement action and significant penalties for companies who do not follow the new safety requirements.

This E-Update includes a summary of key provisions of the Improvement Act. We will be monitoring the CPSC's rulemaking over the next 12 months and will provide further e-updates.

Dorsey & Whitney LLP can help you navigate the new regiment of consumer product safety laws and regulations. Call us if you have any questions about the Improvement Act.