Commission elects Buerkle as Vice Chairman
January 19, 2017, cpsc.gov
The Commission elected Commissioner Ann Marie Buerkle to the position of Vice Chairman for a 1-year term. The Vice Chairman acts in the absence or disability of the Chairman or in case of a vacancy in the Office of Chairman.

Ann Marie Buerkle set to lead the Consumer Product Safety Commission
February 10, 2017, Syracuse.com
The former U.S. Congressman from upstate New York will serve as acting chair of the CPSC, according to an agency spokesman. The Republican will take over from Elliot Kaye, a Democrat appointed by President Barack Obama in 2014. The move placed Buerkle in a favored position to be appointed permanent chair by President Donald Trump.

Consumer Confidential: Former officials deride Trump’s ‘mindless’ 2-for-1 deregulation plan
February 5, 2017, Los Angeles Times (spokesman.com)
A number of former regulators, both Republican and Democrat, spoke out against President Donald Trump’s order to eliminate 2 regulations for every 1 regulation introduced. Christine Todd Whitman, head of the Environmental Protection Agency under former President George Bush, said “it’s going to be hard to find regulations that aren’t important to protecting human health.” Inez Tenenbaum, chairman of the CPSC during former President Barack Obama’s term in office, said “That’s not a formula for rulemaking. That is a formula for just pulling things out of the air.”

Weathering the Freeze-The CPSC’s response to the White House’s new regulatory restrictions
February 8, 2017, JDSupra (Stinson, Leonard Street)
The new executive order issued by the White House initiated a freeze of the federal regulatory process. However, regulations that deal with matters of public health and safety may be reviewed by the Office of Management and Budget, which can determine whether to issue an exclusion. The CPSC, an independent agency overseen by Congress, has historically been deemed exempt from similar directives of the executive branch and continues to operate ‘as usual.’

South Korea orders smartphone manufacturers to report fire incidents right away
February 4, 2017, itechpost.com
The South Korea Ministry of Trade, Industry and Energy was due to declare a new standard controlling the response time of the smartphone manufacturer in case of products issues. The new safety regulations are presented in the wake of Samsung’s Galaxy Note 7 battery explosion, which orders manufacturers to report incidents automatically. The regulations will be implemented within a year.

Where do those huge federal fines go?
February 4, 2017, NBC News
Federal fines don’t go to the consumers affected by the offending company, and they don’t go to the agency whose violated rules were the source of the penalty. The $15 million Gree Electric Appliances penalty levied by the CPSC went straight into the U.S. Treasury for general use as determined by Congress.

Survey: High Price Device: Race to innovate medical devices fuels more product recalls
February 7, 2017, PRNewswire
An industry survey found that in the second half of 2016, medical device recalls heated up quickly as the year progressed. There were more than 650 medical device recalls in Q3 and Q4 in 2016, a 44% increase over the first half of the year, according to the biannual Industry Spotlight survey announced by Stericycle/Expert Solutions. Software problems were primarily responsible for the spike in activity.

When do consumer boycotts work?
February 7, 2017, New York Times
Social media boycotts succeed when they reflect a movement according to several media observes. But the hourly news cycle can bury it within the next day or week. The democratization of free news means that business practices can be discovered and scrutinized and widely circulated. While boycotts force companies to confront consumer ideals, some companies see real market advantages in this trend.

CARICOM Caribbean Community: Builds consumer protection capacity
February 8, 2017, 4-Traders.com
The Caribbean Community (CARICOM) hosts a 3-day workshop in Jamaica on Risk Assessment and Product Safety Training in collaboration with the U.S. Consumer Product Safety Commission, EU’s European Development Fund, the Organization of American States, and consumer Safety and Health Network. The workshop aims to increase contact and information exchange among Caribbean Community members.

Executive order seeks to curtail rule making actions
February 3, 2017, National Law Review (Michael Best & Friedrich, LLP)
On January 30, 2017 President Trump signed an executive order requiring two federal regulations be identified for elimination for every one regulation that is passed. In addition, the directive to review two regulations for elimination for every one regulation passed, the executive order directs agency heads to limit all funding for new regulations to zero dollars for fiscal year 2017. The impact of the order is unclear as to guidance on how regulatory costs will be calculated, what qualifies as a new regulation, and to what extent legally required regulations (such as those mandated by the Clean Air Act) will be required to comply with the parameters of the executive order.

Statement by CPSC Chairman on promulgation of federal safety rules
February 3, 2017, cpsc.gov
Chairman Elliot Kaye states that the Executive Order does not apply to independent agencies such as the Consumer Product Safety Commission. To voluntarily follow the EO, he explains, would lead to poor public policy by ignoring the benefits that come with saving lives for all Americans, as well as pitting one vulnerable population with another.

CPSC Amendments to fireworks regulations proposed rule making
February 2, 2017, Federal Register
The CPSC proposes to amend its regulations regarding fireworks devices under the Federal Hazardous Substances Act. The proposed amendments, according to the Notice of Proposed Rulemaking in the Federal Register, are based on the Commission’s review of its existing fireworks regulations, the current fireworks market, changes in technology, existing fireworks standards, and safety issues associated with fireworks devices.

ACC launches campaign against IARC decision-making on carcinogens
January 27, 2017, plasticsnews.com
The American Chemistry Council is launching a public campaign that aims to change how the International Agency for Research on Cancer makes decisions about the carcinogenicity of chemicals. The campaign could have implications for the plastics industry, given the impact that IARC has on decisions made by California under its Proposition 65 chemical labeling law.

Toddler eye burns spike due to laundry detergent pods
February 2, 2017, PBS
The instinct to touch something that looks like candy has created a threat for children’s eyes, based on a research report published in JAMA Ophthalmology. The report cites a spike in eye-related chemical burns due to laundry detergent pods that now account for approximately 25% of chemical related eye injuries in kids aged 3 to 4.

Are Apple’s iPhone 6 battery problems grounds for a recall?
January 25, 2017, Fortune
As a number of Apple iPphone 6 owners have learned, a bug or a defect causes the phone to crash dramatically: the power might plunge from 50% or 30% to 1% percent and other times the iPhone just shuts down altogether. According to a statement by the company: “Apple has determined that a very small number of iPhone 6s devices may unexpectedly shut down. This is not a safety issue and only affects devices within a limited serial number range that were manufactured between September and October 2015.”

Volkswagen compliance head exits in falling out over emissions scandal role
January 26, reuters.com
Volkswagen’s effort to get control over its diesel emissions scandal were dealt a blow, after the German car maker fell out with the compliance chief it hired to help, prompting her departure from the firm. The automaker said that the official was leaving the board, “due to differences in their understanding of responsibilities and future operating structures within the function she leads.”

Blog: The moral cost of dieselgate—lohdown
February 1, 2017, Motor Trend
Volkswagen’s emissions scandal, culminating in the FBI arrest in the U.S. of the former auto maker’s emissions manager, followed by federal prosecutors indictment of five additional executives, details the continuing saga of a company plagued by its actions. A high school sophomore in Bedford, New York points out that the bigger moral picture to this whole scandal is that the company cheated, and the youth writes that he has “not once…seen a car article discuss morals and the consequences of wrong doing.”

Barnes & Noble recalls power adapters sold on NOOK tablet7 due to shock hazard
February 1, 2017, Yahoo.com
Barnes & Nobel has recalled the Nook Tablet 7” following an awkward withdrawal in January of the in store product inventory before a program was developed in cooperation with the Consumer Product Safety Commission. That formal recall announcement came from the CPSC in a February 1, 2017 news release, revealing that the power adapter casing could possibly break when plugged into an electrical outlet, exposing its metal prongs, posing an electric shock hazard.

The Case for Individual Certification
February 6, 2017, Product Safety Letter
The field of modern product safety management is an outgrowth of Congress’ passage of the Consumer Product Safety Act of 1972, and the introduction of regulations that included civil penalties and the potential disruption and embarrassment of required product recalls. Industry realized that a different type of professional was needed in order to establish compliance plans and programs within consumer product companies. Today, there is more discussion around advancing professional development in the product safety field through the qualification of  individuals by certification based on experience and examination.

New York changes how it tests for lead in schools’ water, and finds more metal
February 3, New York Times
When experts said last year that New York City’s method of testing water in public schools for lead could hide dangerously high levels of the metal, officials at first dismissed the concerns. The city changes its protocol, and the results from a new round of tests indicate the experts were right.

Barnes and Noble quietly recalls in-store inventory of the Android powered 7-inch Nook tablet
January 13, 2017, phonearena.com and Android Police.com
Barnes and Noble has ordered that all in store inventory of Nook Tablets 7″ be returned to the company headquarters, according to an employee posting on Reddit. The official Barnes and Noble website currently shows that the Nook Tablet 7 is “not available.” A company spokesman revealed that it has received three complaints about the charger adapter casing breaking apart. A statement from the company says that “in the meantime, the Nook Tablet 7″ can be charged using a computer. We will be providing more information as we work closely with the Consumer Product Safety Commission to determine details of a public product recall” No injuries have been reported.
CPSC Approves new federal safety standard for infant sling carriers
January 13, 2017, cpsc.gov
The Commission voted 3-2 in favor of the new mandatory standard on January 11, 2017. Infant sling carriers are worn by the parent or caregiver and are designed to carry an infant/toddler in an upright or reclined position. The new standard incorporates the most recent voluntary standard by ASTM International (ASTM F-2907-15), Standard Consumer Specification for Sling Carriers, with one modification that makes warning labels more permanent by preventing the labels from being attached to the sling carrier along only one side of the label.

Blog: Improving regulatory analysis at independent agencies
January 10, 2017, regblog.org
U.S. Consumer Product Safety Commission Commissioner Joseph Mohorovic blogs that the safety agency could benefit from following key analytic standards that have been previously imposed on executive branch agencies by executive order. The analytics include identifying a market failure before promulgating a new regulation, and adopting the type of cost-benefit analysis required of executive branch agencies.

Proposition 65 Committee: Nitrite in combination with amines or amides “has not been clearly shown” to cause cancer
January 6, 2015, oehha, Nov. 15, 2016 meeting synopsis
A committee considered by California Office of Environmental Health Hazard Assessment to be an authority for purposes of listing chemicals under California’s Proposition 65 has unanimously voted that nitrite in combination with amines or amides “has not been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer.” The Carcinogen Identification Committee Meeting held November 15, 2016 resulted in this action.

6 Volkswagen executives charged as company pleads guilty in emissions case
January 11, 2017, The New York Times
Federal prosecutors announced criminal charges against six Volkswagen executives for their roles in the company’s emissions scandal. The company pleaded guilty to charges of conspiracy to commit wire fraud and to violate the Clean Air Act, customs violations and obstruction of justice. Volkswagen will pay $4.3 billion in criminal and civil penalties in connection with the federal investigation, bringing the total cost of the deception to $20 billion.

Korea looks to update regulation on toys
January 13, 2017, Military Technologies. net
The South Korea ministry of Trade, Industry, and Energy has issued proposals to amend regulations concerning toy safety. Changes proposed under the Special Act of Safety Management of Children’s Products include migration limits of current elements, labels and instructions requirements for battery operated toys and ride-on toys, and addition to organic chemical (flame retardants) requirements.

Illinois court to decide whether product recall efforts can trump telephone privacy laws against automated calls
January 9, 2017, Lexology (Baker McKenzie)
Recall efforts for consumer products and vehicles typically take the form of a multimedia campaign, including mass publications, individual mailings, and targeted telephone calls. While the Telephone Consumer Protection Act provides consumers with relief from intrusive calls, there is an “emergency” exception to restrictions on use of automated dialing to contact consumers where the call was “made necessary in any situation affecting the health and safety of consumers,” which would arguably extend to the product recall context.

Hoverboards make comeback at Vegas electronic show
January 7, 2017, phys.org
Hoverboards are aiming for a comeback after a series of debacles and recalls for the quirky wheeled personal transport devices. A handful of new self-balancing skateboard like gadgets made their appearance at the Consumer Electronics Show. One company official says his firm as recovered from the tainted public image of hoverboards in 2016 to a product that has moved from the “toy” category to a “personal transportation mode.”

William Wallace: Brexit fantasies and realities of a complex world
January 6, 2017, Yorkshire Post, UK
A British Lord explains why it’s going to be a very difficult task to separate the UK from the EU to return to the way things were before 1973. Britain has been integrated into the EU and vise versa. Ten million UK visits to the continent were made annually in the 1970s; in 2015, 51 million visits were made by British citizens to the continent, suggesting that leaving the EU will be more difficult and costly than pro Brexit interests had promoted.

General Assembly close to requiring schools to test for lead
January 9, 2017, Belleville News Democrat
The Illinois General Assembly is closer to requiring schools to test for lead in their water. A bill was recently passed in the House by 108-1 requiring all schools in the state to collect water samples for analysis at an Illinois Environmental Protection Agency-accredited laboratory.

Inquirer sues safety agency for records on deadly Ikea dresser tip-overs
November 23, 2016, philly.com
The parent company of Philadelphia’s Inquirer has sued the Consumer Product Safety Commission, accusing the agency of withholding public records that could shed light on its investigation into Ikea dresser tip overs and the negotiations that led to a historic recall of 29 million dressers.

What Samsung recall troubles mean for consumers
November 16, 2016, Consumer Safety
The end of 2016 has been a difficult hurdle for Samsung, now looking at two major recalls within the span of only a few months: the Galaxy Note7 smartphone and its top loading washing machine. While the road ahead will be a financial hardship for Samsung, what does it all mean to consumers?

Regulatory burdens on retailers continue to evolve
November 18, 2016, JDSupra (Snell and Wilmer)
Retailers selling consumer products in California, the 6^th largest economy in the world, will want to be familiar with recent amendments to the Proposition 65 warning regulations. According to the authors, California “predictably made the law even less consumer and business friendly (but more lawyer friendly.”

U.S. Appeals Court rules that CPSC regulation on size and strength of rare earth magnets sold by Zen is based on factual findings that are incomplete and inadequately explained
November 22, 2016, uscourts.gov
The United States Court of Appeals for the Tenth Circuit ruled that the consumer product safety standard banning the sale of magnets by Zen did not follow the requirements of the Consumer Product Safety Act.

CPSC Litigation Guidance and Recommended Best Practices for Protective Orders and Settlement Agreements in Private Civil Litigation
November 4, 2016, cpsc.gov
The U.S. Consumer Product Safety Commission has published a litigation guide to provide recommendations for best practices to all parties in relevant litigation related to providing an exemption to protective orders and settlement agreements for reporting information to the CPSC.

Before it blows up: importance of product recall policies
Tuesday, 22 November 2016, scoop.co.nz
Recent global recalls by Samsung for its Galaxy Note7 smartphones and the perceived mismanagement in those recalls has provided a reminder to New Zealand suppliers of the importance of having a clearly defined voluntary product recall policy in place—before a crisis hits.

Park demolishing world’s tallest water slide
November 23, 2016, channel3000.com
A Kansas City water park will shut down the world’s largest water slide in response to an accident that killed a 10-year-old boy in August. “Once the investigation is concluded and we are given permission by the court, (the slide) will be decommissioned—closed permanently and removed from the tower,” the company said. There are an average of 4,423 injuries in US amusement parks each year, according a 2013 study by the Nationwide Children’s Hospital in Columbus, Ohio.

Baby product ‘safe list’ launched in Hong Kong
November 16, 2016, gbtimes.com
A comprehensive safe list of baby products tested for higher and safer standards has been launched in Hong Kong for the first time by World Green Organization, a 3-year project by the independent NGO, which will investigate different product categories using a three-defense methodology with three laboratories. New findings will be released 4 times a year.

Exclusive: VW seeks cost-cutting deal by Friday, devil is in the detail; report claims Europe carmakers are cheating more and more on their fuel claims
November 16, 2016, Reuters
Volkswagen is pushing for a cost-cutting deal with workers at its core brand to help fund investment in electric and self-drive cars. The need for a turn around plan at the VW brand has been amplified by the billions of cost it is facing for its diesel emissions standards—this, at a time when European carmakers are allegedly cheating more and more on their fuel claims.

Engineers design new lead detector for water
November 16, 2016, National Science Foundation
A team of engineers at the University of Wisconsin, Milwaukee, has developed a type of “canary in the coal mine” for lead in water. With support from the National Science Foundation, the group designed a sensor with a graphene-based nanomaterial that can immediately detect lead and other heavy metals, including one-time testing of lead in tap water through a hand held device.