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ARTICLE · 31 JULY 2026

A New Era In CPSC Enforcement: CPSC Invokes Section 12 For The First Time Since 1987

Arnold & Porter
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The U.S. Department of Justice and Consumer Product Safety Commission have filed their first imminent hazard lawsuit in nearly four decades, targeting manufacturers of Lakkzoom immersion water heaters that allegedly catch fire within minutes when used improperly. This aggressive enforcement action signals a renewed willingness to pursue mandatory recalls through federal court, even as questions swirl about the future structure of the CPSC under the Trump administration. The case raises critical questions ab

United StatesConsumer Protection

A powerful tool in product safety enforcement, which lay dormant for almost 40 years, has been dusted off and resurrected. On July 22, 2026, the U.S. Department of Justice (DOJ) and the Consumer Product Safety Commission (CPSC or the Commission) filed an imminent hazard lawsuit under Section 12 of the Consumer Product Safety Act (CPSA). Under Section 12, CPSC can file an action in federal district court requesting that a product be declared “imminently hazardous,” meaning that it “presents imminent and unreasonable risk of death, serious illness, or severe personal injury.” The court may grant relief necessary to protect the public from the hazardous product, which can include a mandatory recall of the product.

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