DOJ And CPSC Signal A New Era Of Product Liability Enforcement

In late 2025, a major development occurred that has garnered attention from U.S. manufacturers, insurers, and product liability attorneys across the country. The United States Department of Justice (DOJ) and Consumer Product Safety Commission (CPSC) too a major step by filing a civil enforcement action against Stanley Black & Decker for alleged Consumer Product Safety Act violations regarding its failure to report product hazards in a timely manner. This is the first Consumer Product Safety Act enforcement action filed by the DOJ’s newly formed Enforcement and Affirmative Litigation Branch. 

Background of the recall 

Under CPSA, manufacturers, distributors, and retailers are required to immediately report any information that indicates a product might have a defect that could pose an unreasonable risk of injury or death. In its complaint, the government alleged Stanley Black & Decker failed to comply with this mandate in respect to its DeWALT utility bars and some DeWALT miter saws.

It was alleged by the government that Stanley Black & Decker had received reports of utility bars breaking while in use and snapping back toward consumers. Even after receiving reports as early as 2016, Stanley Black & Decker did not notify the CPSC until 2019. Similar reports were made regarding miter saws, where protective components broke while in use, causing injuries to users. 

Why reporting delays matter in product liability 

Not only does delayed reporting to the CPSC pose a risk of regulatory exposure, it also poses a risk of increased product liability risk. Reporting to the CPSC on a timely basis often results in recalls, warnings, and other actions that minimize the risk of injuries to consumers. Delayed reporting of potential risks to consumers allows products to continue in commerce and thereby increase the risk of injuries and potential lawsuits.

Many of the high-profile cases of product liability in the past have been of this nature. In past lawsuits involving defective vehicles, appliances, and other products, plaintiffs often argue that the company had knowledge of the defects for extended periods of time before the recall was initiated. 

The DOJ’s new enforcement posture 

What is particularly noteworthy in this case is the party involved in the lawsuit. The Enforcement and Affirmative Litigation Branch of the DOJ was established with the intention of taking civil enforcement actions more aggressively under various consumer protection laws, including the CPSA. The DOJ is seemingly indicating its willingness to go to court over alleged safety law infractions, rather than relying on settlement agreements.

The government is seeking civil penalties and injunctive relief, which includes court-ordered compliance measures aimed at preventing future reporting issues. This is particularly significant for manufacturers. 

Key takeaways for consumers 

The case drives home the value of recall and safety reporting as tools to help prevent serious injuries to consumers. It is also a cautionary tale for manufacturers: responding too slowly to a safety issue can result not only in government action but increased liability in product liability lawsuits.

As the government continues to crack down on the problem, companies that are slow to respond to safety issues can face not only federal lawsuits, but personal injury lawsuits as well. That’s an expensive proposition in today’s environment of heightened scrutiny of product liability cases. 

Talk to a Florida Product Liability Lawyer Today 

Halpern, Santos & Pinkert represent the interests of consumers in product liability lawsuits filed against negligent manufacturers. Call our Florida personal injury lawyers today to schedule an appointment, and we can begin investigating your case right away.