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Second Up to Bat at ICPHSO — and Swinging Hard: The New Realities of CPSC Enforcement

By Chantel Greene, Clay Marquez & Sean Ward on February 25, 2026
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The second panel of the day brought a timely and clear-eyed look at where CPSC enforcement has been — and where it is headed. Crowell & Moring attorneys Clay Marquez, Chantel Greene, and Sean Ward started the second day of the ICPHSO Annual Meeting & Training Symposium walking attendees through the enforcement landscape using a framework as straightforward as it is memorable: the good, the bad, and the ugly.

The second panel of the day brought a timely and clear-eyed look at where CPSC enforcement has been — and where it is headed. Crowell & Moring attorneys Clay Marquez, Chantel Greene, and Sean Ward started the second day of the ICPHSO Annual Meeting & Training Symposium walking attendees through the enforcement landscape using a framework as straightforward as it is memorable: the good, the bad, and the ugly.

The Good: A Baseline Worth Understanding

The numbers tell an important story. Over the last decade, the total number of civil penalty settlements has actually decreased — but do not let that fool you. The median penalty amount has risen significantly, climbing from roughly $7.2 million between 2015 and 2020 to over $9.3 million between 2020 and 2025. Fewer settlements does not mean less risk. It means the ones that do happen hit harder.

The Bad: Stricter Enforcement Is Already Here

The CPSC is not waiting for the future to get tougher — it already has. From 2021 to 2025, the number of annual recalls increased by nearly 93%, and unilateral safety warnings surged by over 700%. The CPSC’s FY 2026 operating plan makes its intentions explicit: accelerate recalls, streamline the process, and continue issuing unilateral warnings when companies fail to act voluntarily.

Critically, the CPSC has stated it will review every recall, Fast Track and non-Fast Track alike, typically for a potential failure to timely report a violation. This is a meaningful shift. Historically, Fast Track recalls came with a lighter investigative touch. That is no longer the case. And with civil penalty settlements continuing to reach into the tens of millions the financial exposure for non-compliance is very real.

The Ugly: The Road Ahead Is Uncertain

Perhaps the most significant development on the horizon is structural. The DOJ’s Consumer Protection Branch was dissolved in late 2025 and reorganized into a new Enforcement and Affirmative Litigation Branch. What this means in practice remains to be seen. But as the Crowell team noted, the reorganization does not appear to signal a slowdown — if anything, it signals a potential broadening of enforcement reach. Only time will tell.

The Takeaway

The message from this panel was direct: the enforcement environment is tightening, the tools available to regulators are being utilized across the board, and the window for reactive compliance is narrowing. Whether you are managing a recall, evaluating your reporting obligations, or building out your compliance program, now is the time to get ahead of it.

Stay tuned for more recaps from day two of the ICPHSO Annual Meeting & Training Symposium.

Photo of Chantel Greene Chantel Greene

Chantel Greene’s practice focuses on product liability and safety issues arising out of consumer and occupational exposures.

Chantel counsels clients on product disputes, risk mitigation, and crisis management matters. She also advises clients on regulatory and enforcement issues before the U.S. Consumer Product

…

Chantel Greene’s practice focuses on product liability and safety issues arising out of consumer and occupational exposures.

Chantel counsels clients on product disputes, risk mitigation, and crisis management matters. She also advises clients on regulatory and enforcement issues before the U.S. Consumer Product Safety Commission (CPSC), including compliance with product safety regulations and standards, reporting obligations, product recalls, and CPSC investigations and penalties. In this arena, her clients include distributors, manufacturers, brick-and-mortar retailers, online retailers, and online marketplaces.

Chantel also serves on the National Coordinating Counsel team for a Fortune 500 chemical company in connection with the company’s premises liability and product liability litigation. In this role, Chantel assists in managing a nationwide docket by working with local counsel to develop defense themes, preparing expert witnesses for deposition and trial, and providing strategic advice on individual cases. She has deep experience with every stage of litigation, from pre-suit investigations, through discovery, to trial.

Prior to joining Crowell & Moring, Chantel worked for Florida’s largest full-service civil litigation firm. Her practice encompassed commercial litigation, professional malpractice, products liability, and regulatory investigations and examinations.

In 2023, Chantel was named one of the Best Lawyers: Ones to Watch in America in the areas of Mass Tort Litigation / Class Actions and Personal Injury Litigation.

Chantel is an active mentor through Crowell & Moring’s partnership with the Leadership Council on Legal Diversity. She also mentors through College Bound, a Washington, D.C. non-profit organization that pairs mentors with Washington, D.C. students in grades 8-12 to help prepare them for college.

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Photo of Clay Marquez Clay Marquez

Clay Marquez brings a unique combination of product safety and litigation experience to advise clients on compliance with statutes and regulations enforced by the CPSC, FDA, EPA, and USDA. He is an accomplished litigator recognized for his successful representation of major corporations in

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Clay Marquez brings a unique combination of product safety and litigation experience to advise clients on compliance with statutes and regulations enforced by the CPSC, FDA, EPA, and USDA. He is an accomplished litigator recognized for his successful representation of major corporations in high-stakes legal disputes across various sectors, including retail, technology, and financial services. Clay has experience handling securities and consumer class actions, internal investigations, regulatory inquiries, and enforcement actions. He has represented a wide range of clients in both state and federal courts, from Fortune 100 companies to privately held tech companies and start-ups.

With a strong background as vice president and counsel at two leading retail and consumer companies, Clay brings a unique blend of industry insight and legal insight to his practice. Clay is regularly called upon to evaluate, manage, and fix complex, high-risk situations. He strategically navigates business problems by assessing obstacles, determining best outcomes, and presenting his clients with creative solutions and alternative approaches tailored to their risk tolerance.

Prior to joining Crowell & Moring, Clay served as senior corporate counsel at Amazon leading the Regulatory Intelligence Safety & Compliance Legal Team in supporting product safety and compliance efforts in North America. In this role, Clay acted as Amazon’s principal point of contact for the CPSC and was responsible for developing comprehensive worldwide product safety and compliance strategies with a focus on Amazon’s CPSC relationship and related business, policy, and legal objectives. Prior to Amazon, Clay served as vice president and senior counsel for product and vendor compliance at Restoration Hardware, where he similarly led the team responsible for company-wide product testing and vendor validation, product incident investigations and failure analyses, evaluation of reporting obligations, and coordination of public recall efforts. Prior to working in-house, Clay worked as an associate and counsel for more than 10 years at two different AmLaw 50 litigation firms.

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

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