Comms experts to Samsung: Pick up the pace
October 19, 2016, prweek.com
Crisis and tech communicators say the response of the South Korean conglomerate to the Galaxy Note7 crisis was too slow to be effective. They blame the company’s hierarchical structure for not being nimble enough to halt the crisis in its early stages, before it discontinued sales and production of one of its flagship products.

Lithium-ion battery dangers means Samsung recall won’t be last
October 19, 2016, The Fresno Bee
The Korean electronics giant wasn’t the first company forced to recall a product due to batteries that had a tendency to catch fire—and it almost certainly won’t be the last. That’s because the lithium-ion battery that powered the Note7 smartphone is also used in a wide variety of other products, including things like cars and homes.

Is Samsung’s S8 set for revolutionary chip? Firm starts mass production of 10-nanometre design that needs 40% less power – and says a mystery launch next year will use them
October 17, 2016, Daily Mail
Samsung’s system chips business has started mass production of semiconductors using a revolutionary 10-nanometre technology to cram more components on a chip. Samsung said a tech product launching early next year will use chips made with its new technology, as rumors swirl that Galaxy S8 could be the first recipient.

ASTM International updates world renowned toy safety standard
October 20, 2016, Thomas.net
After collaboration over 5 years leading experts in and advocates for toy safety have completed major revisions to one of the world’s most widely-used toy safety standards, which will be published as F963-16: Standard Consumer Safety Specification for Toy Safety. Updates include: new battery safety requirements, soaking and compression tests for magnets and new requirements for materials and toys that could expand if accidentally swallowed.

Losing faith in Korean products, consumers flock to European alternatives
October 17, 2016, Korea Bizwire
With several high profile controversies over toxic chemical content and high electromagnetic wave emissions in Korean products, domestic consumers are flocking to European options instead, in search of safer goods. Electric blankets and air purifiers are two product categories that saw major leaps in EU sales in year-to-year comparisons.

How to tackle Retail’s unique compliance risks
October 18, 2016 JDSupra (NAVEX Global)
Every organization in every industry faces compliance-failure risks (harm to people, reputation damage, shareholder losses, etc.) But the nature of the retail business puts the industry at particular risk for two main reasons: workforce turnover and too little time for training.

Failure to learn from D.C. water crisis led to Flint
October 20, 2016, buffalo.edu
A similar crisis to the Flint water contamination was exposed a decade earlier in Washington, D.C. and it proved 3 times worse than the recent crisis in Flint. But science and activism ended up joining forces in the interest of public health. One culpable public actor according to a scientist/activist at the time: The Centers for Disease Control and Prevention.

U.S. Chemical Safety and Hazard Investigation Board Releases Strategic Plan for 2017-2021
October 20, 2016, National Law Review (Bracewell LLP)
The U.S. Chemical Safety and Hazard Investigation Board (‘CSB”) released its 2017-2021 Strategic Plan after 18 months of development and review. Its goals include driving safety change through independent investigations; achieving change through recommendations, outreach and education; and maintaining an engaged, high performing workforce.

MP calls for national product recall register after spate of fires
October 13, 2016, The Guardian
Members of Parliament are being urged to back a motion expressing “deep concern” about the potential risk posed by white goods such as tumble dryers, dishwashers and fridges, and highlighting the inadequacies of the product recall scheme. Consumer criticism over the handling of a dryer recall has resulted in a push for government approval to introduce a single register for UK product recalls.

Canada-EU trade deal may get scuttled by Walloonia
October 20, 2016, marketwatch.com
A planned trade deal between the European Union and Canada faced fresh resistance from one of Belgian’s 5 regions that must approve any final deal. The Walloon regional government in Belgium has required reassurance that the Comprehensive Economic and Trade Agreement with Canada (CETA), “will not lower our respective standards and regulations related to food safety, product safety, consumer protection, health, environment or labour protection.”

Brussels knew carmakers gamed emissions tests before VW scandal
October 19, 2016, Irishtimes.com
EU authorities had evidence as early as 2012 of use of temperature controls to game emission tests, raising question over why more was not done to probe the issue before the Volkswagen revelations last year. Transport ministry officials from across the EU were informed of the authority’s finding in May, 2012, but through a spokesman said national authorities rather than the EU are responsible for “enforcing and policing” emissions limits.

SAMSUNG CONTINUES REELING FROM PRODUCT CRISIS

>Samsung expands recall of Galaxy Note7 smartphone based on additional incidents with replacement phones
October 13, 2016, cpsc.gov
The company and the U.S. Consumer Product Safety Commission expanded the recall of Galaxy Note7 smartphones following additional incidents with replacement phone and the danger of serious fire and burn hazards. The announcement covers all Galaxy Note 7 devices received as replacement of the previous Galaxy Note7 recall on September 15, and any Galaxy Note7 with a green battery icon, regardless of the date purchased.

>Samsung says it’s going to ‘dispose of’ every Galaxy Note7 handset
October 12, 2016, neowin.net
Samsung has ceased production of the Galaxy Note7. The ill-fated handset was ultimately doomed after a series of incidents in which replacement units that were sent to some customers- following an earlier recall of the first batch of devices- also caught fire, making the end of the Galaxy Note7 inevitable. The company won’t be refurnishing or repairing any of the recalled units.

>Note7 fiasco could burn a $17 billion hole in Samsung’s accounts
October 11, 2016, Reuters
Samsung Electronics worst-ever recall could cost the company as much as $17 billion after it halted sales of its flagship Galaxy Note7 for a second time, spelling an almost certain end for the ill-fated premium model. The company asked mobile carriers to stop sales or exchanges of the $882 device and asked users to shut off their phones while it investigated new reports of fires in replacement Note7s. Analysts had expected the Note7 sales to hit almost 19 million units during its product cycle, equating to nearly $17 billion in lost revenue.

California Attorney General issues new Proposition 65 enforcement regulations
October 5, 2016, Keller and Heckman
On September 1, 2016, the California Attorney General’s office issued final regulations regarding the private enforcement of Proposition 65, (i.e., California’s Safe Drinking Water and Toxic Enforcement Act of 1986). The requirements are intended to: limit the settlement funds that are currently diverted away from the State’s Office of Environmental Health Hazard Assessment, the agency that administers Proposition 65; increase the transparency and judicial review of settlements in private party Proposition 65 cases; and reduce the financial incentives for private enforcers to bring, and for defendants to settle, Proposition 65 cases that do not confer a significant public benefit. The new regulations went into effect on October 1, 2016.

A few states adopt chemical legislation despite TSCA reform
October 14, 2016, National Law Review (Beveridge & Diamond)
State legislatures continue to consider legislation to restrict chemicals even as, at the federal level, the Toxic Substance Control Act has been thoroughly overhauled by the Frank R. Lautenberg Chemical Safety for the 21^st Century Act. Over 60 bills to restrict chemicals in various ways were introduced earlier this year, including 3 bills that have been enacted ( in the District of Columbia, Washington, and New York).

Despite expected rise in regulatory scrutiny, few are prepared to manage product safety crises
October 5, 2016, PRNewswire
While 42.1 percent of respondents to a recent poll expect government agency scrutiny of product safety to increase through 2017, just 15.1 percent are fully prepared to manage a product safety or quality crisis. The poll, conducted by Deloitte, reported that one-fifth of respondents experience a business disruption due to a product compliance, safety, or quality issue within the past 12 months.

Science, safety, and sales: the hockey helmet marketing problem
October 9, 2016, theglobeandmail.com
A University of Ottawa lab that is also part of a larger debate about just how far science has come in understanding concussions, is heavily equipped with “head forms” that are built to take a beating. The Neurotrauma Impact Science Laboratory contains devices designed to ram the heads from all directions, helping scientists to make computer models of each hit. These impacts can show how force is transmitted through the head from hits of different speed, duration and angles, helping researchers calculate the types of strain that can lead to head injuries. The lab is also part of the debate over what companies who make protective gear are allowed to say about their ability to limit the risk in contact sports.

Commission updates EU eco label criteria for computers, furniture and footwear
October 9, 2016, retaildetail.eu
The European Commission has issued stricter criteria that manufacturers will have to comply with in order to conform to the EU Ecolabel scheme for computers, furniture, and footwear. Manufacturers will need to comply with new guidelines focusing on environmental performance, product safety, and fair labor standards if they want their products to carry the EU Ecolabel in the future.

Should safety worries rob fun out of theme park rides?
October 8, 2016, Bloomberg BNA
Before 1981, the Consumer Product Safety Commission regulated the safety of fixed amusement park rides. Bu Congress limited the agency’s authority in a biter budget deal, and future attempts at reversing that restriction have failed. The result is that amusement and carnival park rides are haphazardly regulated for safety at the state level, leading to conflict between those holding opposite opinions on the effectiveness of the current state of affairs.

After water fiasco trust of officials is in short supply in Flint
October 9, 2016, New York Times
In Flint, Michigan, a new city-operated program offers homeowners the chance to replace aging, corroded lead waterlines with new copper pipe. Despite this, some homeowners still will not drink the water one year after public officials declared it unhealthy. “I don’t even give it to my dog,” says one. “I don’t care what they say. How can I trust them again?” Meanwhile, an investigation continues into the failed response by local, state, and federal officials to the crisis that erupted over lead-tainted water that has threatened public health.

After child deaths, feds threaten stricter regulations for dresser manufacturers
October 6, 2016, Philly.com
The stage is set for what could be a long battle between regulators and furniture manufacturers over the problem of tip-overs. CPSC Chairman Elliot Kaye has delivered an ultimatum to the American furniture industry: develop stronger standards or have them forced on you. He charges that the industry’s own voluntary stability test, meant to ensure dressers remain upright if pulled by children, is so “severely deficient” that the CPSC is considering a mandatory standard. Pushback from the industry, which claims there is a lack of data supporting the CPSC’s position, was immediate.

Best Buy agrees to pay $3.8 million CPSC civil penalty to settle charges that it distributed and sold recalled products
October 3, 3016, The Wall Street Journal
The agreement  with the U.S. Consumer Product Safety Commission settles the charges that Best Buy knowingly sold and distributed 16 different recalled products consisting of 600 individual items sold from 2010-2015. CPSC staff charged that Best Buy to implement adequate procedures to prevent the sales of the recalled products across all of its supply chain. Staff also charged that Best Buy, in some cases, failed to permanently block product codes that signaled that the recalled product was not in inventory. A Best Buy spokesman expressed regret for the oversight saying “While the number of items accidentally sold was small, even one was too many. We have taken steps, in cooperation with the CPSC, to help prevent these issues from recurring.”

Samsung could face second recall as U.S. probes burnt phone
October 7, 2016, Bloomberg/The Washington Post
Samsung Electronics Co. could face an unusual second recall of its Note7 smartphones if one that caught fire aboard an airliner is a replacement device as its owner claims, according to a former U.S. safety official. The Federal Aviation Administration and the Consumer Product Safety Commission are investigating the incident which occurred when a passenger’s phone emitted smoke on a Southwest Airline plane getting ready for departure. “If it’s the fixed phone and it started to smoke in his pocket, I’m going to guess there’ll be another recall. That just doesn’t sound right,” said former CPSC executive director Pamela Gilbert.

Volkswagen reaches $1.2 billion settlement with U.S. dealers in emissions scandal
September 30, 2016, chicagotribune.com/Tribune news service
The up to $1.2 billion figure would compensate the U.S. Volkswagen dealers for losses they said they suffered from the company’s emission cheating scandal, according to a settlement agreement filed in federal court in San Francisco. Under the terms of the deal, dealers can choose to opt out and pursue their own lawsuits against Volkswagen, which previously had reached an agreement with U.S. car owners calling for it to spend up to $10 billion buying back or repairing about 475,000 vehicles involved in its scandal.

Toy Industry Association (TIA) reaffirms position on cadmium
October 5, 2016, 4-traders.com
Even while the Consumer Product Safety Commission has confirmed the effectiveness of safety standards for cadmium (and other heavy metals) in children’s toys, the Toy Industry Association and its members state that they led an effort in 2011 to add more stringent limits for heavy metals such as cadmium to its already comprehensive safety standards for toys. The TIA has reaffirmed this position in an October, 2016 public statement.

TIA on phthalates:  supports “any scientific investigation” to improve or reinforce the safety of its products
October 6, 2016, 4-Traders.com
Specific restrictions on the presence of phthalates in toys and child care articles are included in the 2008 U.S. Consumer Product Safety Improvement Act. The CPSC is currently reviewing the recommendations made by the Chronic Hazard Advisory Panel (CHAP) of experts appointed by the federal government before proposing other phthalate regulations. The Toy Industry Association on behalf of its members has issued a statement in support of any scientific investigation to improve or reinforce the safety of its products.

Crippling bacterial infection sweeps Flint, Michigan because residents are too scared to bathe in lead-infested water and use baby wipes instead
October 4, 2016, dailymail.co.uk
Flint Michigan has confirmed an outbreak of a highly infectious bacterial disease caused by residents being too scared to bathe in lead-contaminated water. So far 53 residents in Flint have contracted shigellosis, a virus that causes bloody diarrhea, fever, and nausea, usually the result of poor hygiene. City officials say that residents are, instead, washing themselves with free baby wipes handed out at community centers following the 2014 lead contamination of the town’s water supply.

California lists furfuryl alcohol under Prop 65
September 30, 2016, OEHHA
Effective September 30, 2016, California has added furfuryl alcohol to the list of chemicals known to the state to cause cancer for purposes of Proposition 65. The listing by the California Office of Environmental Health Hazard Assessment (OEHHA) is based on the formal identification of the U.S. Environmental Protection Agency, an “authoritative body” as required under the criteria stated in the regulation.

Recall website fails to cope with volume of traffic caused by airbag failures
October 5, 2016, stuff.co.nz
A New Zealand government official is disappointed that government’s product recall website didn’t cope with a flood of visits prompted by a huge recall of faulty airbags. Paul Smith, the country’s Consumer Affairs Minister, said “I am advised the trading standards team are looking at optimizing the site’s ability to deal with similar spikes should they occur in the future. Visits to recall.gov.nz were up 360 times over normal events.

                       Samsung’s Newest Problem

>Samsung announces a safety issue affecting its top loading washing machine
September 28, 2016, Samsung.com
Samsung, maker of the troubled Galaxy Note7 smartphone, has announced a risk of personal injury or property damage that may affect another product. It has notified consumers at its website that certain top-loading washing machines may have “potential safety issues” following reports that some have exploded.

>CPSC issues statement regarding top loading washing machine made by Samsung
September 28, 2016, cpsc.gov
The CPSC is “actively and cooperatively working with Samsung to address safety issues related to certain top-load washing machines made between March 2011 and April 2016.” CPSC is advising consumers to only use the delicate cycle when washing bedding, water resistant and bulky items, explaining that the lower spin speed of the delicate cycle lessens the risk of impact injuries or property damage due to the washing machine becoming dislodged.

>Violent vibrations prompt Consumer Reports to stop recommending Samsung top loading washer
September 29, 2016, komonews.com
Consumer Reports no longer recommends buying Samsung top-loading machine in light of news from Samsung and the Consumer Product Safety Commission about potential safety risks. A Samsung statement said “in rare cases, affected units may experience abnormal vibrations that could pose a risk of personal injury or property damage when washing bedding, bulky or water-resistant times.” Earlier, the consumer rights organization criticized Samsung for not working through the CPSC in announcing its recall of the Galaxy Note7 smartphone which experienced battery related issues resulting in fires and explosions.

New settlement terms for California’s Proposition 65 become effective Oct. 1
September 30, 2016, The National Law Review (Keller Heckman)
Amendments to California’s Proposition 65 settlement terms, penalty amounts, and attorney’s fees in civil actions filed by private persons become effective October 1, 2016. The changes include provisions to ensure that the state’s Office of Environmental Health Hazard Assessment received the civil penalty funds specified in Proposition 65, and to limit the ability of private plaintiffs to divert the statutorily mandated penalty to themselves or to third parties, in the form of additional settlement payments.

Location, location, location: Personal jurisdiction in products liability lawsuits
September 28, 2016, JDSupra (Stinson Leonard Street LLP)
As every manufacturer, distributor, advertiser, or retailer of consumer products likely knows, the location where a lawsuit is brought can have a large impact on the ultimate resolution of the matter. Whether because of perceived advantages in the jury pool, procedural rules, or substantive law, the plaintiffs’ bar consistently attempts to bring lawsuits in favored locations, even if the lawsuit has little or no connection to the forum. Two years ago, the U.S. Supreme Court struck a significant blow against forum shopping in its opinion in Daimler AG v. Bauman, which limited the exercise of general jurisdiction against corporate defendants. The California Supreme Court recently adopted a theory that has the potential to restore elements of the pre-Daimler jurisdiction period.

Lithium-ion batteries: Small products big exposures
September 27, 2016, The National Law Review (Wilson Elser)
Lithium-ion batteries are in nearly every product that has become a staple of modern life, such as smart phones, tablets/notebook computers, digital cameras, and headphones. They are also in our transportation system—trains, planes, and automobiles—as well as in other fixtures of modern life. However, if something goes wrong with lithium-ion batteries, it can go catastrophically wrong.

VW CEO hopeful of deal with U.S. authorities by end of year
September 28, 2016, Fortune
Volkswagen chief executive Matthias Mueller is helpful the German automaker can reach agreement by the end of the year with the U.S. government on the size of a fine to settle a criminal investigation of the company’s alleged violations of U.S. clean air laws. Speculation that the U.S. Justice Department will demand a multibillion-dollar fine to settle the investigation into the automaker’s use of illegal software to deceive U.S. environmental regulators sent Volkswagen shares into a tailspin.

Lego outsmarts smartphones as bricks lead UK toy boom chart
September 29, 2016, Bloomberg.com
Founded in an age long before smartphones and computers, Lego is showing the digital world a thing or two when it comes to selling toys. By adding building sets based on themes such as Star Wars, the Danish maker of colored blocks has led a renaissance in U.K. toy sales, which researcher NPD Group estimates will hit a record 3.3 billion pounds ($4.3 billion) in 2016. Since 2010, sales of building sets have increased 121 percent, nearly six times faster than the rest of the British toy market, according to NPD.

Australian online retailers put on notice as ACCC escalates its market surveillance campaigns
September 30, 2016, ACCC
Recent court decisions in Australia have put online traders on notice that the country’s consumer product watchdog, the Australian Competition and Consumer Commission (ACCC) is escalating its market surveillance campaigns focused on babies and children products and clothing. In ordering penalties of $600,000, the court acknowledged that contravention of safety standards involving products used by children demanded a significant penalty for the purpose of deterrence and recording the court’s disapproval of the conduct.

UL launches mobile app for safety regulations in children’s’ apparel
September 26, 2016, Consumer Electronics
Safety science organization, UL, has developed a mobile application, UL ChildAware, specifically designed for the children’s apparel industry. The company says that the application provides practical and verified information on regulations in the EU and the U.S. that reduces the complexity of regulatory and compliance issues.

SAMSUNG: DOMINATING GLOBAL PRODUCT SAFETY NEWS OVER HANDLING OF RECALL

Samsung recalls Galaxy Note7 smartphones due to serious fire and burn hazards
September 15, 2016, cpsc.gov
Samsung has announced a recall of the Galaxy Note7 smartphones in cooperation with the Consumer Product Safety Commission. Samsung has received 92 reports of the batteries overheating in the U.S., including 26 reports of burns and 55 reports of property damage, including fires in cars and garages. Consumers having affected models are eligible for a free new Galaxy Note7 with a different battery, a refund, or a new replacement device.

Samsung stumbles in race to recall troubled phones
September 15, 2016, The New York Times
Samsung’s speed and decisiveness in recalling its trouble Galaxy Note7 smartphone won praise from some in the mobile industry. But what was supposed to be an enormous-but quick-recall of 2.5 million units has turned out to be anything but smooth. In addition to shaving $22 billion off of the company’s value in the stock market,experts say its efforts confused customers, frustrated regulators, and continued to generate a stream of negative headlines around the world.

ATLl China will supply batteries to Samsung Galaxy Note7 replacements
September 12, 2016, Tech First
After faulty batteries led to a global recall of its Galaxy Note7 smartphones, Samsung Electronics will only use batteries made by China’s ATL for its replacement devices. Samsung has ordered an additional four million batteries from the China supplier, which also supplies batteries for Apple’s iPhone series. Samsung’s batteries have previously been produced by a company subsidiary. These developments occur at a time when global growth of the lithium-ion battery market is expected to Increase sharply with rising number of applications.

Marshall Square defendant agrees to pay millions to the Consumer Product Safety Commission
September 13, 2016, The Augusta Chronicle
The Goodman Company, which agreed to a $5.55 million civil penalty as part of a settlement agreement with the CPSC, is one of the defendants in a civil litigation matter arising out of a heating and air unit it manufactured. The company is named as a defendant in 3 pending lawsuits filed in Columbia County (Georgia) Superior Court. The lawsuits contend that Goodman is liable because the unit responsible for a fire in the third-floor billiards room of a local resort is also cited in the complaint filed by CPSC against Goodman in the U.S. District Court for the Southern District of Texas. That complaint charged Goodman with violating the legal requirement to immediately report a product defect that could create a substantial product hazard, and to report that a product created an unreasonable risk of serious injury or death.

California’s Proposition 65: All eyes are on aspartame
September 12, 2016, National Law Review (Keller and Heckman)
California is considering adding aspartame to its Proposition 65 listing, which requires label warnings on products containing substances “known by the State of California to cause cancer.” Aspartame was originally approved by the Food and Drug Administration in 1981 under specific conditions, and has been continuously found by FDA to be a safe substance since then. California’s experts are preparing to provide the State’s Office of Environmental Health Hazard Assessment a priority assessment for consideration of aspartame listing as an eligible substance under the state’s Proposition 65. Aspartame is an artificial, low calorie, non-saccaride sweetener used as a sugar substitute and flavor enhancer in certain foods and beverages.

Volkswagen engineer to plead guilty in emissions cheating scandal
September 9, 2016, The Wall Street Journal
A Volkswagen engineer pleaded guilty to helping the auto maker’s admitted efforts to cheat on emission tests, becoming the first person criminally convicted in the U.S. in the wide-ranging scandal that has cost the German auto giant billions of dollars. The engineer, James Liang, pleaded guilty and agreed to cooperate in the continuing U.S. investigation according to his plea agreement in federal court in Detroit.

 Official didn’t publicly report Flint-area disease outbreak
September 14, 2016, ABC News
Michigan’s former state epidemiologist acknowledged in a plea deal that she was aware of dozens of cases of Legionnaires disease in the Flint area around the same time the city changed its water source, but that she didn’t report it to the general public. She pleaded no contest to a misdemeanor of willful neglect of duty in exchange for prosecutors dropping felony misconduct and conspiracy charges.

 Portland Schools official resigns after lead controversy
September 8, 2016, NWCN.com
The Portland Public School employee who oversaw lead testing and was placed on administrative leave has resigned. In his resignation letter, Andy Fidley, the schools’ Environmental health and Safety Manager, said the district did not provide enough resources to lead issues and he lobbied the district and state to address the aging school buildings. A statement by the district said “we have had an interim environmental health and safety team in place since July and continue to be focused on reviewing policies and practices to ensure the safety of our students.

Blog: The millennial shift and new global supply chain patterns
July 8, 2016, ebnonline.com
Internal management teams are experiencing real generational shifts as Millennials climb the ladder, move into management roles, and reshape their companies. Millennials bring with them fundamental differences in social and business mindsets, and a very different, native relationship with the digital age and communication, an age they grew up on, unlike their management predecessors.

The first baby bed: A guide to current and proposed regulations of bassinets
September 15, 2016, JDSupra
A bassinet, like a crib, is used as a sleeping choice for various ages of babies, especially newborns. A bassinet, however, is typically much smaller than a crib and usually has some portability feature that allows it to be moved. Under Section 104 of the Consumer Product Safety Improvement Act mandatory consumer product safety standards are required for bassinets; however, proposed updates to bassinet regulations will also have a Food and Drug Administration twist if the product is used in a healthcare or can otherwise be deemed a medical device.