Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

CPSC Chair Hoehn-Saric Focuses on Online Marketplaces at ICPHSO International Conference

By Cheryl A. Falvey on October 27, 2023
Email this postTweet this postLike this postShare this post on LinkedIn
Picture1

On Friday, CPSC Chairman Alexander Hoehn-Saric gave a keynote address to the International Symposium of the International Consumer Product Health and Safety Organization (ICPHSO) in Almhult, Sweden. Hoehn-Saric focused his remarks on his stated goal for the third year of his term as chairman of the agency—addressing recalled or otherwise violative products sold on or through online marketplaces. In Hoehn-Saric’s view, consumers expect to purchase safe products on online marketplaces, and they should not need to know or discern whether a product is purchased directly from an online retailer or from an entity that has been provided access to consumers through the online platform. He complemented collaborative improvements by Amazon, eBay and Target but issued a call to action including adoption of “safety by design“ and legislative and regulatory protections.

Hoehn-Saric stated that for every hazard addressed by the agency, consumers can still find and purchase online dangerous products with that hazard—and this is a problem. According to Hoehn-Saric, in the past year, the CPSC has requested the removal of 50,000 products online, many of which were recalled or banned, such as crib bumpers. He emphasized that online marketplaces must “do more” to stand behind products sold on their platforms and address this issue in a proactive manner to ensure that violative products are not sold online in the first place. Of course, if such a product is sold, the online marketplace must move swiftly to remove the product from the platform. He called on online marketplaces to leverage their cutting edge technology to alert consumers to recalls with text messages, push messages in apps, and banners on login pages.    

The Chairman then stressed that products “need to have safety by design.”  He highlighted three areas that companies, particularly online marketplaces, should focus on:

(1) building corporate cultures that emphasize safety;

(2) holding third-party sellers of products accountable; and

(3) empowering consumers with tools and safety information.

Hoehn-Saric encouraged companies to appoint a Chief Product Safety Officer to maintain compliance with federal and state laws; train employees in product safety; prevent sales of recalled and noncompliant products; interact with relevant authorities; and incentivize employees to be part of the safety solution.

Notably, Hoehn-Saric announced that the CPSC will be sharing a list of best practices and steps for online marketplaces to take to address this burgeoning issue. He also noted that there is bipartisan support to tackle this problem in Congress but emphasizedthat the issue is not unique to the United States—international cooperation is imperative. He mentioned twice his recent meetings in London with global regulators to discuss cooperation to tackle the challenge of policing online marketplaces.

Finally, the Chairman also provided some interesting agency statistics from the past year in his remarks—the agency has announced 300 recalls; levied $52 million in civil penalties; screened approximately 60,000 harmful products at the ports; provided product safety trainings to 600 industry representatives internationally; undertaken 14 new mandatory rulemakings to address hazards such as the ingestion of small magnets and button cell batteries, and tip-over of furniture; and reinvigorated previously delayed rulemaking for nursing pillows and portable generators. 

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
Show more Show less
  • Posted in:
    Administrative and Regulatory
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo