Spinning out of control? Fidget spinner regulation and safety
June 12, 2017, National Law Review (Schiff Hardin LLP)
Predictably, fidget spinner manufacturers and distributors are feeling the heat of the spotlight, as reports emerge that children are hurting themselves with these toys. Two factors influence how the product poses a challenge to regulators: 1) the fidget spinner was not branded or promoted by one single, major retailer or manufacturer and 2) nobody has a meaningful trademark, copyright, or patent on “fidget spinner.” And yet regulatory compliance becomes a challenge when products are not made in the U.S. or sold through U.S. distributors, ensuring compliance with federal law, including ASTM regulation F963, the Toy Standard.
What’s behind the increase in lithium-ion battery fires on planes?
June 7, 2017, Consumer Reports
An alarming increase in the number of smoke and fire incidents on airlines from passengers’ malfunctioning lithium-ion batteries is causing concern among safety and aviation experts as summer travel season approaches. The FAA reports that, on average, one of these fires occurs every 10 days.
As popularity of baby boxes grows, skeptics say more testing is needed
June 12, 2017, NPR
Through new state-sponsored programs in the U.S., anyone who watches a series of online videos focused mainly on safe sleep — and then passes a short quiz — can get a “box,” a maternity package that doubles as a crib. This model has been successfully introduced by Finland to help expectant parents apply safe sleeping practices. Supporters say the free, cheerfully decorated box is just a cool hook, and that the heart of the program is to teach all parents about simple, proven ways to help keep their babies safe while sleeping. But skeptics say there haven’t been enough studies or enough testing done on the boxes to prove whether they’re safe or effective at preventing infant deaths.
CPSC Staff recommends rejecting organohalogen petition
June 14, 2017, National Law Reviews (Keller Heckman)
In 2015, a group of non-government organizations (NGOs) filed a petition with the U.S. Consumer Product Safety Commission (CPSC), asking CPSC to categorically ban additive organohalogen flame retardants (OFRs) from the market in the U.S. in many significant consumer product categories.The petitioners sought to prohibit the use of OFRs in children’s products, furniture, mattresses, and electronics casings. After nearly two years, CPSC staff submitted a 537-page briefing package to the Commission describing staff’s conclusion that insufficient evidence supported the petitioners’ claims.
CPSC unanimously voted and issued a Notice of Proposed Rule-making for booster seats
June 12, 2017, 4-Traders (SGS news release)
On May 19, 2017 U.S Consumer Product Safety Commission (CPSC) unanimously voted and proposed a notice of rule making (NPR) to establish a safety standard for Booster Seats to include in the list of notice of requirements (NORs) issued by the Commission. The proposed rule would incorporate by reference the most recent booster seat voluntary standard developed by ASTM F2640-17 to be ‘substantially the same as’ applicable Standard Consumer Safety Specification for Booster Seats, without modification.
CPSC’s Model Form for a General Certificate of Conformity (GCC)
cpsc.gov
Manufacturers and importers of certain general use products (i.e., non-children’s products) for which consumer product safety rules apply, must certify, in a written General Certificate of Conformity (GCC) based on testing or a reasonable testing program, that their products comply with those applicable rules. CPSC provides two samples of GCCs for fictitious products, showing example layouts of the GCC’s required elements; one for adult clothing and one for mattresses.
Consumer and environmental groups sue Trump administration over stalling energy efficiency standards for appliances
June 13, 2017, Appliance Design
The Natural Resources Defense Council and Earthjustice—representing Sierra Club and Consumer Federation of America—joined 11 states and New York City in suing the Trump administration for stalling five energy efficiency standards that could save consumers as much as $11 billion on their energy bills. The groups claim the administration’s stalling is illegal.
Thermomix distributor is being sued by consumer watchdog over “failure to report burns”
June 16, 2017, abc.net.au
The Australian Competition and Consumer Commission (ACCC) has launched Federal Court action against Thermomix in Australia (TIA), suing the Australian distributor of the high-tech Thermomix cooking appliances for allegedly failing to report a number of serious burns from its devices by the required deadline. ACCC acting chairwoman Delia Rickard said it was also alleged that the distributor misled customers about their consumer guarantee rights about the appliance.
The Importance of documenting a compliance program
June 7, 2017, JDSupra
A compliance program is only as good as the documents show. This principle is especially critical when a company has to respond to a regulatory inquiry or to an enforcement action.
GMA Calls for NAFTA modernization to grow U.S. food, beverage, and consumer products’ competitiveness
June 12, 2017, 4-Traders
The Grocery Manufacturers Association (GMA) urged that NAFTA modernization strengthen the benefits of free trade for consumers, U.S. manufacturers and their workers in comments filed with the United States Trade Representative on NAFTA modernization. GMA urges 3 areas of action: 1) Protecting existing market access and removing remaining barriers, 2) Updating rules that increase U.S. companies’ competitiveness, and 3) Increasing regulatory alignment and harmonization.
