Scott L. Winkelman

Blogs: International Trade Law, Retail & Consumer Products Law Observer

Latest Articles

The Peril of the Unreported Coffee Pot: Why a Failure to Report Is a Continuing Violation

By Stephanie Crawford & Scott L. Winkelman

May 13, 2019

“The hallmark of the continuing offense is that it perdures beyond the initial illegal act, and that ‘each day brings a renewed threat of the evil Congress sought to prevent’…” Toussie v. United States, 90 S. Ct. 858, 864 (1970). In a ruling issued May 9, the Seventh Circuit determined that a failure to report under the Consumer Product Safety Act is a continuing violation by affirming the lower court decision fining Spectrum Brands,…

International Trade Law

ISO Releases First Global Drone Standard

By Scott L. Winkelman, Cheryl A. Falvey, Mary-Caitlin Ray & Mark Thomson

December 4, 2018

On November 28, the International Organization for Standardization (ISO) released the first ever draft global standard for unmanned aircraft systems (UAS) operations. The standard, titled Draft International Standard for Unmanned Aircraft Systems Operations, represents an important step in standardizing UAS operations around the world. Although ISO will publish the standard for global adoption starting in 2019, compliance is not mandatory. The standard is nevertheless important because the Federal Aviation Administration (FAA) and sister agencies…

Retail & Consumer Products Law Observer

CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation

By Scott L. Winkelman, Cheryl A. Falvey, Matthew Cohen & Carolyn Wagner

June 13, 2017

On June 7, the U.S. Consumer Product Safety Commission provided administrative law followers a fascinating case study. For the first time in two decades, the CPSC’s five Commissioners heard an appeal put on by CPSC staff in administrative litigation. In its appeal, the staff seeks to overturn an administrative law judge’s opinion finding that Zen Magnets’ controversial high powered, small rare earth magnets (SREMs) are not defective and are not a substantial product hazard when…

Retail & Consumer Products Law Observer

Update: Class Action Reform Bill Passes House 220-201

By Scott L. Winkelman, Rebecca Baden Chaney & Robbie Rogart

March 17, 2017

Last month, our colleague Joshua Foust analyzed the then-newly introduced Fairness in Class Action Litigation Act of 2017. The bill, sponsored by House Judiciary Chairman Bob Goodlatte (R-VA), amends procedures used in federal court class action and mass tort litigation. Last week, on March 9, just one month after Chairman Goodlatte (R-VA) introduced the bill, the full House of Representatives passed the bill by a vote of 220-201. The legislation will now be considered…

Retail & Consumer Products Law Observer

Webinar: The Safety Agencies in Transition – What to Expect at FDA, CPSC and NHTSA in the First 100 Days

By Daniel T. Campbell, Cheryl A. Falvey, John Fuson, Scott L. Winkelman, Lauren Bell, Matthew Cohen & Rebecca Baden Chaney

March 14, 2017

Join Us for a Webinar – Thursday, March 30, 2017 1:00 – 2:00 p.m. Eastern Aggressive enforcement, massive recalls and proactive safety agendas left an indelible impression on the product safety world under the Obama administration. Product safety is no longer a bipartisan affair. But what will the Trump administration mean for your regulatory compliance programs? What changes will we see and how will they affect your safety program? Join us for a roundtable discussion…

Retail & Consumer Products Law Observer

Paper Warranties a Thing of the Past?

By Scott L. Winkelman & Preetha Chakrabarti

September 15, 2015

On Tuesday, September 8, 2015, the House passed the E-Warranty Act of 2015, which, if enacted, would require the FTC to revise the Magnuson-Moss Warranty Act to allow manufacturers to satisfy the Act’s requirements by digitally posting consumer product warranties on their websites. The E-Warranty Act would permit manufacturers to provide warranty information online only, if done in a “clear and conspicuous manner.” The Senate unanimously passed this bill, and it now heads to…

Retail & Consumer Products Law Observer

CPSC Approves Publication of Proposed Voluntary Product Recall Rule

By Cheryl A. Falvey, Natalia R. Medley & Scott L. Winkelman

December 6, 2013

On November 13, 2013, the U.S. Consumer Product Safety Commission (CPSC) voted 3-1 to publish notice of a proposed interpretive rule that would establish standards for voluntary product recalls, revising 16 CFR part 1115. As approved, the proposed rule, which originally focused on the form and content of recall notice, incorporates several substantive amendments introduced by Commissioner Robert Adler during the November 13 meeting. These amendments would eliminate the option to engage in a voluntary…

Scott L. Winkelman

The Peril of the Unreported Coffee Pot: Why a Failure to Report Is a Continuing Violation

ISO Releases First Global Drone Standard

CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation

Update: Class Action Reform Bill Passes House 220-201

Webinar: The Safety Agencies in Transition – What to Expect at FDA, CPSC and NHTSA in the First 100 Days

Paper Warranties a Thing of the Past?

CPSC Approves Publication of Proposed Voluntary Product Recall Rule

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