Proposed Bill Seeks to Remove Cap on Civil Penalties Issued by CPSC

On January 25, 2024, Representative Jan Schakowsky (D-IL) introduced the Consumer Advocacy and Protection (CAP) Act, which would amend the Consumer Product Safety Act (CPSA) to increase the maximum civil penalty for a single violation of the CPSA from $100,000 to $250,000 and remove the $17,150,000 inflation-adjusted maximum cap for a series of violations. The legislation would also allow the Consumer Product Safety Commission (CPSC) to adjust the $250,000 per violation civil penalty for inflation each year, rather than every five years as allowed under the current CPSA. If enacted, the CAP Act would significantly impact how consumer product companies approach compliance with the CPSA.

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