There have been two significant developments in CPSC matters on which we have reported in the past. First, the former CEO of Buckyballs, who was personally named in an administrative suit filed by the CPSC over the company’s refusal to recall Buckyball magnetic sets, has reached a settlement with the CPSC. Under the settlement, the former CEO will pay $375,000 to fund the recall of Buckyballs. See the CPSC Buckyballs Settlement Press Release.
The second significant development is in the “Company Doe” case, in which a manufacturer filed suit under seal to prevent the CPSC from publishing a report on the SaferProducts.gov database over the company’s objection that the report was materially inaccurate. This week, Ergobaby disclosed its identity as “Company Doe” to several media outlets following an order by the Fourth Circuit Court of Appeals to unseal the case and make the case records public. The consumer complaint that was the subject of the Company Doe litigation alleged that the company’s baby carrier was responsible for the death of an infant, even though medical expert reports concluded that the baby’s death was not caused by the carrier.
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