Thursday, February 5, 2009
Court invalidates Consumer Product Safety Improvement Act advisory opinion
The ongoing saga related to the Consumer Product Safety Improvement Act continues. Here is the latest: A federal judge issued a ruling today setting aside a CPSC advisory opinion issued last November 17, which stated that products violative of the ACt may continue to be sold and distributed in commerce as long as these products were manufactured prior to February 10, 2009. The court's decision, holding that the phthalate prohibitions unambiguously apply to existing inventory, is available here. Thanks to Products Liability Prof Blog for the update.