New Civil and Criminal Penalties under the 2008 CPSIA
In-House Quarterly Journal
Winter 2009
The article discusses the Consumer Product Safety Improvement Act of 2008 (CPSIA), which evolved after a series of toy recalls involving lead paint and implements sweeping changes to the Consumer Product Safety Commission's (CPSC) civil and criminal enforcement powers. The article examines the potential impact of changes in the CPSC’s §15(b) reporting requirements on companies and their officers, directors, and agents resulting from CPSIA. The elimination of the notice of noncompliance requirement, in particular, places individual officers, directors and agents at greater risk of criminal prosecution than before for failure to report.