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For years consumer product safety advocate groups have bemoaned the seeming lack of aggressiveness from the Consumer Product Safety Commission (“CPSC”). As an example, they complain that the CPSC levied no civil penalties on companies in 2020, 2 in 2019, and only 1 in 2018, penalties being a surrogate in their minds for enforcement. As counsel for many companies, we know that this is not the case and CPSC compliance activity has remained vigorous. But perhaps the ongoing criticisms led Acting Chairman Robert Adler to publicly announce in mid-November the CPSC’s recent vote to refer a case to the DOJ for prosecution of a civil penalty.