"Coping with Proposed Rules, Proposed Guidance and the Growing Aggressiveness of the CPSC and Health Canada," DRI In-House Defense Quarterly Fall 2014
“Balance can be difficult when regulators and industry are approaching things from different points of view. When the relationship between the regulator and the regulated is balanced, the company, the regulator, and society at large win. When the relationship is out of balance, it can foster an environment of mistrust that forces the parties to make extreme decisions that benefit no one,” write Cheryl A. Possenti and Aaron J. Aisen, attorneys in Goldberg Segalla’s Product Liability and Regulatory Compliance Practice Group, along with Lindsay Lorimer, a partner at McMillan LLP.
“Regulators have a responsibility to serve and protect the public. Companies, on the other hand, are in business to sell products at competitive prices. Cooperation, nevertheless, is essential to success in the regulatory environment. Companies are bound by consumer product safety laws and regulations and therefore must work with the regulators. Regulators have finite resources and depend on industry’s cooperation to carry out their mandate effectively.”
This article explores the relationship challenges between consumer product regulators and the consumer product industry that may occur from recent regulatory proposals by the United States Consumer Product Safety Commission (CPSC) and Health Canada. Additionally, the article offers an overview of CPSC and Health Canada’s more aggressive stance towards product safety, which disturbs the balance of cooperative interaction between the industry and regulators.
Read the article here:
- Cheryl A. Possenti, Aaron J. Aisen, and Lindsay Lorimer, "Coping with Proposed Rules, Proposed Guidance and the Growing Aggressiveness of the CPSC and Health Canada," DRI In-House Defense Quarterly, Fall 2014