Factors to be Considered in Determining Civil Penalties for Consumer Product Safety Violations

(Levine & Slavit)

The Consumer Product Safety Commission has issued a final rule providing its interpretation of the factors it must consider in determining the amount of civil penalties for knowing violations of the Consumer Product Safety Act, the Federal Hazardous Substances Act and the Flammable Fabrics Act.

These penalties increased substantially as of Aug. 14, 2009, to a maximum of $100,000 per violation (from $8,000) and $15 million (from $1.825 million) for a related series of violations. This final rule clarifies certain information and terms based on comments received concerning and further CPSC review of, the Commission’s Sept. 1, 2009, interim final rule. Read more here.