In the News: September 9, 2024

US Safety Commissioners Call For Investigation Into Shein, Temu
September 4, 2024, Reuters
Two leaders of the U.S. Consumer Products Safety Commission are calling for the agency to investigate e-commerce retailers Shein and Temu after “deadly baby and toddler products” were sold on both websites, according to a letter posted on the agency’s website. CPSC Commissioners Peter Feldman and Douglas Dziak want the agency to evaluate how Singapore’s Shein, China’s Temu and other foreign-owned e-commerce platforms comply with its rules, handle relationships with third-party sellers and represent imported products. Shein and PDD Group’s Temu, which both ship cheap merchandise into the U.S. from China, are raising “specific concerns” for the Commission for their use of de minimis, a rule exempting packages valued at $800 or less from tariffs if they are sent directly to shoppers. A Shein spokesperson said the company is investing millions of dollars into strengthening its compliance programs.

Read the Letter

Thousands Of Furniture Tip-Over Kits Recalled In Canada – The Same Kits Already Recalled In U.S.
September 4, 2024, Furniture Today
The same furniture tip-over kits that were recalled in the U.S. last January are now being recalled in Canada. In January, the U.S. CPSC recalled millions of these plastic tip-over prevention kits, stating that the kits could fail and cause furniture to detach from the anchored wall. Health Canada has now recalled the kits for the same reason. The recalled kits, manufactured in Vietnam by New Age Industries, include a plastic zip tie, two brackets and two screws in a white plastic package attached to clothing storage units. They were supplied to furniture manufacturers and importers and sold in U.S. stores from November 2019 until this past January. They also began selling in Canada in late 2019.

When A Coworker You Don’t Like Becomes Your Boss
September 5, 2024, Harvard Business Review
When a colleague you dislike or who dislikes you becomes your new leader, it’s natural to feel anxiety or despair, worry about the fallout, and think about leaving. But five strategies can help you transform this challenging situation into career growth: distinguish your feelings from the facts; shift from ambivalence to active inquiry; acknowledge and bridge personality differences; leverage shared values and desired outcomes; and, if needed, address your conflicts directly.

Get Ready To Comply With CPSC’s Upcoming Efiling Requirement
September 5, 2024, JD Supra
Consumer products regulated by the Consumer Product Safety Commission may soon be denied entry into the United States unless the importer of record electronically files a detailed product certification with the U.S. Customs and Border Protection (CBP). In late 2023, the CPSC published a proposed CPSC rule that will require that importers of regulated consumer products eFile Certificates of Compliance at import. In June, the CPSC expanded its beta program testing the eFiling system and issued an “eFiling Quick Start Guide,” which provided additional information about the program and predicted that “full implementation of eFiling will occur in or around 2025.”

Required Historical PFAS Reporting Poses Risks Going Forward
September 3, 2024, CBIA
The Environmental Protection Agency recently established a one-time per- and polyfluoroalkyl substances reporting rule pursuant to the federal Toxic Substances Control Act (TSCA).  Most companies that manufactured or imported certain PFAS or PFAS-containing “articles” between 2011 to 2022 (even if only once) must submit detailed information about those PFAS subject to the rule, compound by compound, to EPA by May 8, 2025. The rule is broad by design and applies to virtually all manufacturers and importers, even those who may never have had any reporting obligations under TSCA.

CPSC Proposes New Rule For Button And Coin Cell Batteries In Children’s Toys
September 5, 2024, National Law Review
On August 13, 2024, the Consumer Product Safety Commission published a Notice of Proposed Rulemaking (NPR) in the Federal Register proposing new rules for children’s toys containing button and coin cell batteries. This comes fewer than seven months after CPSC adopted the most recent revisions to the mandatory safety standard for children’s toys, ASTM F963, Standard Consumer Safety Specification for Toy Safety (Toy Safety Standard), which became effective in April 2024. The NPR was published less than a year after CPSC finalized regulations under 16 C.F.R. Part 1263 to implement Reese’s Law, Public Law 117-171. Reese’s Law was passed in August 2022 to protect children 6 years old and younger against hazards associated with the ingestion of button or coin cell batteries in other consumer products. 

U.S. Labor Department Introduces Severe Injury Report Dashboard
September 5, 2024, ohsonline.com
OSHA has launched a new online tool designed to enhance transparency and awareness of severe workplace injuries. The Severe Injury Report dashboard offers users an interactive platform to search and analyze data on serious injuries reported by employers in states covered by federal OSHA since 2015. This dashboard allows users to filter and download data by year, industry, state and specific establishment names. It also provides access to the Occupational Injury and Illness Classification System codes, which categorize various types of injuries and illnesses. 

CPSC: Stop Using Safpow And AMPOWSURE Battery Chargers Due Risk Of Serious Injury And Death; No Recall Offered
September 5, 2024, The Auto Channel
The Consumer Product Safety Commission is warning consumers to immediately stop using SafPow SPC-42020 and AMPOWSURE ASP-C10S42020 battery chargers because they pose a risk of serious injury and death. SafPow and AMPOWSURE have refused to conduct a recall. The defective chargers are sold for charging 36-volt lithium batteries in micromobility products and are marketed as “universal” for broad categories of micromobility products. They are not “universal” and can be incompatible with some of the products for which they are advertised. CPSC has received 47 reports of fire or other thermal incidents involving the chargers, including three reports of burn and smoke inhalation injuries and three reports of property damage totaling $100,200.

European Union Closer To Rules Saving Children’s Toys From Toxic Chemicals
September 5, 2024, euro news
New EU-wide rules protecting children have been backed by the European Union Parliament and must now go to inter-institutional negotiations. The Parliament backed a proposal aiming to improve the safety of toys available on the EU market – with a particular focus on substances harmful and toxic for children and the growing risks posed by digital products.  Marion Walsmann, Member of Parliament, is steering the file through Parliament. She said that the current Toy Safety Directive from 2009 is outdated and needs revision, especially with the increasing importance of online marketplaces.  The text proposed by the Parliament reinforces the obligation for manufacturers to include warnings on toys describing potential risks and clarifying target age-groups. 

Australia: More Than 60 Children X-Rayed After Button Batteries Found At Childcare Center
September 5, 2024, abc.net.au
More than 60 children have undergone X-rays after a button battery scare at a Sunshine Coast daycare center. Paramedics received a triple-0 call after remnants of a toy were found at the daycare’s playground with button batteries nearby. Queensland Ambulance Service senior operations supervisor James Mayfield said 64 children were taken by private vehicle to have precautionary X-rays. “Some 60 children were assessed across the Sunshine Coast Hospital and Health Service facilities and had an X-ray performed at those facilities,” he said. “There are currently no confirmed cases of ingestion,” the spokesperson said.

CPSC urges consumers to not buy or use “universal” chargers with micromobility products due to fire hazard
September 5, 2024, cpsc.gov
The Consumer Product Safety Commission urges consumers of micromobility products—including e-bikes, e-scooters, self-balancing scooters (hoverboards), and e-unicycles—not to use chargers that are marketed as “universal” or suitable with general categories of micromobility devices to avoid fires and injury or death, unless they have been tested and approved to work safely with your device. Chargers marketed as “universal” or suitable for general categories of micromobility devices may fit into your device but still be incompatible with it. Each micromobility battery has specific charging needs that require the use of a compatible charger. 

 

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