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Legislative Proposal Announced to Repeal Requirement that Car Seats Contain Allegedly Hazardous Flame Retardant Chemicals

By Cheryl A. Falvey on July 15, 2013
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The Juvenile Products Manufacturers Association (JPMA) announced today a legislative proposal to ensure that car seats manufactured for sale in the United States no longer need to contain allegedly hazardous flame retardant (FR) chemicals. The bill, which will likely be introduced later this week, allows manufacturers the flexibility they need to build car seats that are smolder resistant without necessarily introducing FR chemicals into the materials used in manufacture. While the bill would repeal federal flammability regulations, car seats will still need to meet NHTSA test procedures on performance standards for belts, buckles, seat bottoms, armrests, and headrests. Car seat manufacturers must still report to NHTSA failures to satisfy the testing requirements, as well as any other safety-related defects concerning their car seats. NHTSA has the authority to conduct recalls of products that fail to meet the testing regulations or that contain safety-related defects. Regardless of whether there is a defect or failure to satisfy testing requirements, car seat manufacturers must also provide the following information to NHTSA on a quarterly basis: 1) production information, 2) information on incidents involving death or injury, 3) number of consumer complaints and warranty claims, and 4) copies of field reports. At their announcement event at the House Rayburn office building, JPMA reaffirmed their commitment to safety and the JPMA certification process. JPMA stated that their certification program helps their members supply parents with products that meet or exceed federal safety standards.

Photo of Cheryl A. Falvey Cheryl A. Falvey

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with…

Cheryl A. Falvey helps clients launch innovative new products while protecting their brand and reputation, avoiding and defending liability in the marketing of their products, building safety and security into their products with science-based risk assessment, and successfully navigating product safety challenges with rapid response.

An experienced trial lawyer, and a former general counsel of the United States Consumer Product Safety Commission (CPSC), Cheri defends class actions, unfair competition, product liability and other mass tort claims arising out of consumer, occupational, and environmental exposures. She also provides brand and consumer protection counseling services, with a focus on product safety and security, including the Internet of Things; privacy; anti-counterfeiting; and digital media. Cheri represents a wide range of clients, from emerging companies to multinational Fortune 500 conglomerates.

Cheri is widely recognized as a leader in her field. She is one of an elite group of attorneys to be ranked in Chambers USA, Band 1 for Product Liability: Regulatory. She is highly regarded for her considerable experience advising clients on regulatory issues, including risk assessments, product recalls and CPSC investigations.

She represents clients on litigation and counseling matters regarding:

  • Compliance with statutes and regulations enforced by the CPSC, FDA, NHTSA, and the FTC.
  • Handles product recalls conducted in cooperation with NHTSA, CPSC, and FDA, and defends clients in agency enforcement actions seeking civil and criminal penalties.
  • Advises manufacturers faced with the potential release of unfair and inaccurate information by the government.
  • Counsels and defends clients on the sale and marketing of consumer products on the Internet, including compliance with the Children’s Online Privacy Protection Act, the FTC’s Green Guides, and state and federal privacy laws.

Prior to joining Crowell & Moring, Cheri served as the general counsel of the CPSC. In that capacity, she oversaw all federal court litigation, including civil and criminal cases referred by the Commission to the Department of Justice. Her tenure at the CPSC included advising the agency on the implementation of the Consumer Product Safety Improvement Act, a sweeping change to its statutes that had an impact across diverse industry sectors.

Cheri serves as Vice -chair of the American Bar Association’s Consumer Products Regulation Committee, Administrative Law & Regulatory Practice Section. She was named to the National Law Journal’s 2014 list of Governance, Risk & Compliance Trailblazers & Pioneers. Prior to joining the CPSC, Cheri had over 20 years of private practice experience as a partner with another international law firm where she chaired the firm’s D.C. litigation practice. Cheri is also a former member of Crowell & Moring’s Management Board.

Read more about Cheryl A. FalveyEmailCheryl's Linkedin Profile
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  • Posted in:
    Other
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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