Products Liability Law Daily Wrap Up, CPSC NEWS—COMMENT CALENDAR—CPSC actions open for public comment, (Apr 29, 2022)

By WK Editorial Staff

Consumer Product Safety Commission actions, with links to source documents, are open for public comment until the dates indicated.

As detailed in previous Products Liability Law Daily stories, the following Consumer Product Safety Commission actions are open for public comment until the dates indicated below. Comments may be submitted to the docket number identified in the heading of the document by any of the following methods: Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail/Hand delivery/Courier (for paper, disk, or CD-ROM submissions), preferably in five copies, to: Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923.

May 9, 2022. In response to an opinion by the U.S. Court of Appeals for the Fifth Circuit finding that the Consumer Product Safety Commission (CPSC) violated the Administrative Procedure Act’s (APA) notice-and-comment procedures by not adequately allowing for comments after the Commission changed its underlying rationale for a final rule banning the use of phthalates in children’s toys and child care articles, CPSC is requesting comments relating to the justification for the final rule and the CPSC staff’s cost-benefit analysis for continuing Congress’s interim prohibition on the use of diisononyl phthalate (DINP) in children’s products. The Fifth Circuit had remanded CPSC’s final phthalates rule to allow the Commission to address the procedural deficiencies found by the court (CPSC Request for comments, 87 FR 16635, March 24, 2022).

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