Industry Coalition Takes Aim at Local Product Ingredient Law
April 20, Product Safety Letter
Preemption lawsuit filed by a group of industry associations, claiming that the local law differs from the federal approach in presence of toxic chemicals in some children products. Group includes TIA, JPMA, and AAFA noting the adoption of the ASTM F963 toy standard as mandatory via the CPSIA.

Toxic Toys Bill Clears Assembly as Industry Suit Moves Forward
April 23, 2015 Times Union
State measure requiring makers to disclose “priority chemicals” now heads to Senate. Products containing “priority chemicals” would be banned beginning in 2018.

Home Depot Says It Will Phase Out Chemical Used in Vinyl Flooring
April 22, 2015, The New York Times
Facing pressure from consumer groups, the retailers said it would discontinue use of ortho-phthalates by the end of the year. Charge part of company effort “to continually challenge our suppliers to develop new, innovative options for our customers.”

Three Important Proposition 65 Developments
April 17, 2015, Lexology
Court ruling on how Prop. 65 exposures to lead in foods can be assessed. OEHHA agency issues new warning regulations. And Legislature considers curbs on frivolous Prop. 65 law suits.

United States Files Suit against Michaels Stores Inc. for Failing to Report Serious Safety Hazard in Shattering Glass Vases
April 21, 2015, U.S. Department of Justice
DOJ and CPSC charge Michaels with “knowingly” violating the reporting requirements of the Consumer Product Safety Act, citing “permanent injuries to consumers.” Industry observer: Issue revolves around question of whether company was an importer, with higher reporting duties, rather than a distributor or retailer.

Manchin and Heller Seek to Loosen ROV Regulations
April 23, 2015, Logan Banner
Senators introduce RIDE legislation to head off new mandatory standards proposed by CPSC. State that proposed regulations could have “unintended consequences and limit the vehicles ability to access difficult terrain.

Time For Change – a New Era for Consumer Protection Law?
April 23, 2015, Lexology
New legislation proposes to reform the EU’s General Product Safety Directive. Calls for pan-European injury data base, focus on traceability, new market surveillance obligations for industry, and more information sharing among countries.

Gas Ovens Need EU Safety Rules, but Oven Gloves Do Not, say MEPs
April 24, 2015, European Parliament News
Carbon monoxide presence drives requirements for gas oven under new proposal. Regulations lay down common rules for placing on the market gas appliances, such as portable cookers or boilers, and personal protective equipment, such as life jackets, bicycle helmets or sunglasses. Gloves exempt unless labeled “protective.”

For Blue Bell, a Drastic Move to Recall Ice Cream as Listeria Findings Rose
April 21, 2015, The New York Times
Southwestern favorite recalled all of its frozen desserts over concern for the potentially deadly bacteria. Recall covers 20 states where the country’s third-largest ice cream brand is sold, and toll includes  3 deaths in Kansas and several illness.

Consumer Trust Helps Companies After Recalls
April 24, 2015, The Columbus Dispatch
Recall by Ohio ice cream company over possible listeria contamination demonstrates effort to maintain brand’s integrity, marketing executive says. “It’s not a public-relations moment. It’s a public-safety moment.”

ACCC’s National Consumer Congress
April 24, 2015, Lexocology
Focus on upcoming review of the Australian Consumer Law. Priorities include focus on product safety, increases to maximum penalties for breach of consumer protection provisions. Judicial commentary on inadequacy of current penalties “lends support” to the ACCC position.

A Challenge to Lumber Liquidators’ Tests
April 17, The New York Times
Three California consumers file suit in federal court accusing company of hiring unaccredited lab for consumer testing of formaldehyde. Company calls suit “entirely without merit.”

ROV Industry Fighting Pending Safety Regulations it Says Could Backfire
April 5, 2015, Fox News
With the growing popularity of off-road vehicles, CPSC has proposed regulations that will force ROVs to perform more like cars in an effort to reduce the number of accidents. Industry says rules directed to paved road use can have negative impact on off-road use that’s intended.

Target Says Items Violating Safety Regulations Never Hit Shelves
April 8, 2015, ABC-Kstp.com
Retailer says problems sited in report were caught as a result of 3^rd party testing and “never made it to the store’s shelves.” Company says its own branded products are “tested more frequently than required to ensure compliance with federal and state laws.”

Bloomberg Product Safety Article Misses the Mark; U.S. Product Safety Economy Safer Than Ever
April 10, 2015, Lexocology
Article reaches “an incorrect conclusion,” attorney says, about toys and the overall safety of consumer products in the U.S.  He notes that CPSC, itself, reports that toy recalls “remain low”.

Canada’s food safety system praised for quality assurance, product controls
April 16, 2015, The Western Producer
WHO study finds country’s food safety system one of tops in the world, while Conference Board ranks its performance first among 17 countries in OECD>  Food Safety Information Network improves response times from laboratories and regulators.

Cot Company Owner Given Suspended Sentence at Amersham Crown Court
April 14, 2015, Bucks Free Press, UK
Judge says that “lack of intent” to cause injury in supply “potentially deadly cots” enabled her to suspend a jail sentence. Guilty please results in business owner getting suspension of 3-month sentence after he pleaded guilty to a charge of placing an unsafe product on the market – contrary to the General Product Safety Regulations.

Fears over Roundup Herbicide Residues Prompt Private Testing; NDSU Agronomist Reports Traces in Flour
April 10, 2015, Agweek
U.S. consumer groups, scientists and food companies are testing food substances for possible links to disease. Request for glyphosate tests spikes after WHO unit classifies it as “probably carcinogenic to humans.”

Blog: How to Ensure Long-Term Success with Risk-Based Product Design
April 6, 2015, Design News
A standards-based approach may meet regulatory requirements, but it does not do a complete job of mitigating overall risk. Risk-based design considers the broader impact of a product on manufacturers and the general public.

Hong Kong’s Clashes Over Mainland Shoppers Show Rising Cultural Tensions With China
April  8, 2015, International Business Times
Growing number of Chinese mainlanders cross border to Hong Kong to purchase products and take back for resale. “Parallel traders” clogging city’s infrastructure is creating backlash.

State Attorneys General ask Congress to Probe Supplement Industry
April 15, 2015, Lexocology
Fourteen staff officials sent a letter calling on Congress to conduct a broad investigation into the herbal supplements industry, which they state is less rigorously regulated than pharmaceutical products. This letter is consistent with mounting efforts by states to take enforcement action against a class of products regulated nationally by the FDA.

CPSC Investigation: Why so Many Dangerous Products are for Sale
April 7, 2015, CBS
A Bloomberg report on a current CPSC investigation of retailers cites Dollar Tree, Target, and Zulily for high number of “product safety incidents” since 2009. Excessive lead, excessive phthalates, and small parts are among violations frequently reported.

High-Power Magnets Get Temporary Reprieve From Safety Rules
April 3, 2015, The New York Times
Federal appeals court temporarily halts new safety rules for high power magnets.  Seen as “setback” for regulators. CPSC Chairman Kaye hopes court will uphold the commission’s “proper exercise of authority and will quickly agree that the safety of children comes first.”

Amazon Files Lawsuit Against Fake Review Providers
April 10, 2015, Engadget
E-commerce giant files suit against operators of websites that peddle product reviews, including one named “buyamazonreviews.com.” Sources say copyright infringement is basis for charge.

Colorado Senate Debates Homebuilder Liability Bills
April 10, 2015, SFGate
Supporters say the bills would “boost construction and address Colorado’s shortage of affordable housing.”  Opponents say they are “too favorable to builders and developers and would strip consumer protections.”

 How Wearable Devices Are Disrupting the Insurance Industry
April 9, 2015, Claims Journal
Devises to capture data are increasing in consumer usage, including video and audio that can provide data on habits and behaviors. More insurers are seeing advantages in receiving this data including marketing, underwriting risk management, and processing claims related to personal and worker injuries.

California AG Initiates Supply Chain Act Disclosure Review; Enforcement Actions Likely to Follow
April 9, 2015, Lexology
Campaign to notify companies of obligation to comply with state’s Transparency in Supply Chains Act of 2010. While self-reporting on compliance is voluntary, authors note expectation is that AG will focus investigations on non-responders and those companies that are noncompliant.

ASEAN Association of South East Asian Nations : Apparel, Footwear Entrepreneurs Eye Global Supply Chain
April 7, 2015, 4-Traders
Experts from multi-national companies explain how entrepreneurs from small to medium size firms can integrate into the global supply chain and be more competitive in garment and footwear sectors. Goal is to help these firms understand increased consumer demands for quality, design, and safety.

Private Eyes in the Grocery Aisles
April 4, 2015, The New York Times
The Institute for Environmental Health tests goods on retailers’ shelves for quality and safety to see if products live up to claims on labels. Suppliers, manufacturers, and markets use their services provided by 1,500 people in 116 labs in the U.S. and E.U. testing for inadvertent contamination or deliberate fraud.

The Nuts-for-Spices Crisis: How a Complex Supply Chain Makes Tracing Dodgy Food Difficult
April 11, 2015, The Independent
Simple to find the source of undeclared nuts that are contaminating products now being recalled from supermarket shelves? Not really. The global trail that transports cumin and paprika is so labyrinthine that it’s difficult to solve.

With FB & Twitter, Public Shaming Gets a Makeover; but Roasting on Social Media can have Dramatic Impact
April 5, 2015, Times of India
How quickly can word spread around the globe on a brand’s mishap?  Tweets, retweets, and a few bloggers’ mentions can reach millions of consumers within hour.  Public shaming is the new reality in the social media town square gathering.

Lumber Liquidators Sued in California Over Formaldehyde Home Test Kits
April 1, 2015, Insurance Journal
Florida couple charge in Federal Court that unreliable test kits provided to consumers. Use of test kits at issue. CPSC agrees that use as recommended by company better replicates how floors are used in homes.

Thousands of Lumber Liquidators’ Customers Ask for Air Test kits
April 2, 2015, Associated Press, globalnews.ca
The embattled hardwood flooring company has offered customers free air quality testing kits in order to reassure them of the safety of their products. So far, about 10,000 have accepted the offer.

Op-Ed: There’s an Easy Way to Untangle Regulatory Knots
March 31, 2015, Los Angeles Times
The president’s budget lays out a path for how a dozen or so agencies enforcing more than 30 laws can untangle the regulatory knots: pass a law giving federal agencies authority to harmonize their rules and regulatory activities.

Globalization & Concerns over Product Quality & Safety Drive Growth in the Testing Laboratories Market, According to a New Report by Global Industry Analysts, Inc.
April 2, 2015, Public Relations Rocket
According to one analyst, the global market for testing laboratories is projected to reach US$90 billion by 2020, driven by concerns over quality and safety, news standards and regulations, and the trend towards outsourcing testing operations.

Regulators Have a Range of Approaches
April 1, 2015, Packaging World
Legislators and regulators have a wide range of tools and techniques to bring to bear on a problem they want to address. Regulatory systems are choices made from among a list of options, chosen in combinations that best take into account the hazards they are trying to address, practical considerations like money and staff, and the resulting burdens on businesses or consumers.

The Trouble With Quad Bikes
April 5, 2015, Background Briefing
How Australia and the ACCC handles regulatory requirements on 4-wheelers could have an impact on U.S. liability determinations, according to one CPSC Commissioner.  Design changes and compulsory helmets and licensing under consideration.

Food Industry Litigation: An Update on Recent Trends
March 15, 2015, Product Liability eNewsletter-Winter 2015
Issue explores food industry litigation, food labeling claims and consumer class actions, and E-Cigarettes: Product Liability & Lithium Ion Batteries.

 Safe Supply Chain Destinations: The Geography of Resilience
April 3, 2015, EBN
Global ranking of 130 countries and territories analyses economics, risk quality, and qualities of the supply chain itself. List of top 10 countries most resilient to supply chain disruption includes Norway, Switzerland, and United States. Egypt, Pakistan, and Venezuela among the least resilient.

Wegmans, Publix, & Trader Joe’s Continue to Dominate Consumer Reports’ Supermarket Ratings
April 2, 2015, SFGATE
New supermarket rankings show fresh, high quality produce and store-made meals a top consideration. Rankings based on survey of nearly 63,000 subscribers conducted by Consumer Reports National Research Center.

How State Chemical Safety Policy Shapes The Consumer Market
April 2, 2015, EWG
State actions are having a national impact by moving the consumer products market throughout the country. Where one state regulates, all states can feel the impact. CA, VT, and WA ban on phthalates in some children’s products in 2007 and 2008 helped inspire a federal ban of the chemicals in toys and children’s products.

Columbia Sportswear Awarded $3.3 Million in Lawsuit with Supplier Over Electronically Heated Jackets
March 12, 2015, Associated Press
Faulty components placed in wrist cuffs at core of award announced by federal judge. Hong Kong-based supplier filed no court documents or challenge to the 2013 suit.

Lumber Liquidators Offers Customers Free Air Tests for Formaldehyde
March 12, 2015, The New York Times
Company defends its flooring against allegations that some of its products contain dangerous levels of formaldehyde. Promises testing support at no cost to consumers to validate its products.

Maker of Children’s Tylenol Pleads Guilty Over Recall. $25 Million Penalty
March 11, 2015, NBC Connecticut
McNeil continued to sell hazardous products knowing they contained elements of metal, and  delayed addressing manufacturing safety issues at its facility.

Editorial: 2 State Bills Show When Product Labeling is Helpful and When It Isn’t
March 9, 2015, Los Angeles Times
Strong labeling laws give consumers facts they need, but cluttering lables with redundant information can confuse, and even end up being misleading.

Portable Gas Cooker Scare: Scramble to Determine Safety of Stoves as Horror Stories Emerge
March 10, ABC Australia
Regulators scrambling to determine the safety of portable gas stoves as stories emerged on social media of burns and explosions caused by the devices, banned from sale in NSW last week. Products fail to meet country standards.

Court of Appeals: Insurer Had No Duty to Defend ‘Buckyballs’ Infringement Suit
March 10, 2015. Metropolitan News-Enterprise
Ruling: Exclusion for injury from a predecessor insurance company eliminate any possibility of coverage for Maxfield & Oberton Holdings LLC.

Beijing Hints at Harsher Penalties Over Online Fakes
March 10, 2015, asiaone.com
Tougher penalties suggested to tackle proliferation of counterfeit goods sold online, amid the country’s plans to develop the e-commerce sector and boost economic consumption.

The Four Pillars of Supply Chain Risk
March 12, 2015, SupplyChainBrain.com
Supply, demand,  process, and environmental landscape are key elements in building a successful supply chain. Try to control the things that you can, and understand the risk from the things you can’t control.

Protests Reined in By New FERC Rule
March 11, 2015, Natural Gas Intelligence
New rule reflects experience at the CPSC as a rational for Energy Agency to address disruption at federal meetings by members of the public

The Evolution of Food Safety: Avoiding Costly Recalls
March 10, 2015, Packaging Europe
The threat of product recalls is as much a concern for food manufacturers now as it was five years ago, but advances in technology have helped to minimize the risk to brand owners.

Expanding into the U.S. Market
March  9, 2015
UK Companies are urged to understand and navigate the complex financial and regulatory culture in the U.S. in order to reap the rewards of success.

MEDIA STORM:
Lumber Liquidators Linked to Health and Safety Violations
March 1, 2015, CBS 60 Minutes
Chinese made laminate flooring produced in China shows high levels of formaldehyde and sets off media storm and focus on sourcing and remediation challenging the company to replace product. Media Storm ensues on Wall Street, business programs, and 24 hour news cycles.

Building Boom, Economic Recovery Threatens Local Household Lead Reduction Program
March 2, 2015, MLive
Michigan city finds difficulty in attracting local contractors for lead abatement. Grand Rapids program stalls with 60,000 homes still at risk for presence of lead.

Opinion: Washington State Should Ban Certain Flame-Retardant Chemicals to Protect Firefighters and Children
March 1, 2015, The Spokesman Review
Union official calls for state law to prevent certain chemicals that pose health risk, citing similar legislation in California

The State of Women in the Supply Chain
March 5, 2015, manufacturing.net
Women comprise nearly half (46.6%) of the total U.S. labor force, yet just 24.8% of he durable manufacturers workforce. Education is key to creating interest in supply chain careers.

Hidden Hazards Found in Green Products
March 5, 2015, eurekalert.org
Australia researcher finds volatile organic compounds (VOCs) emitted from 37 different products, such as air fresheners, cleaning products, laundry supplies, and personal care products, including those with certifications and claims of ‘green’ and ‘organic’.

BLOG: Medical Marijuana Businesses Seek Regulatory Compliance in California
February 28, 2015, The Weed Blog
Focus on state and local regulatory schemes in process that employs certification at industry urging as form of product validation

Lightweight, Flexible Handheld XRF Analyser Launched for Regulatory Compliance Screening of Consumer Goods
March 6, 2015 Environmental Technology
Newly released tool targeted to help manufacturers, importers, and retailers in regulatory compliance screening of raw materials, components, and finished goods.

Tightening Supply Chain Security Yields Many Benefits
February 17, 2015, Supply Chain Brain
Analyst insights: Companies can overcome vulnerabilities by understanding internal and external supply chains. Need to quantify impact of security threats.

Canned and Preserved Fruit Imports Face Extra Screening for Lead, Tin Contamination
March 6, 2015, ABC.net.au
Australia legislators struggle to define legal framework for action in response to recent food scares. Frozen imported berries from China link to Hepatitis sparks calls for more control of food safety regulators.

Malaysian Exporters Briefed on U.S. Safety Standards
March 7, 2015, The Star
CPSC official explains CPSIA certificate requirements and U.S. approach to product safety in Kuala Lumpur program for industry.

CPSC Trends: Fines, Imports, and Retailer Reporting are Issues to Watch
March 2, 2015, Product Safety Letter
Chairman Kaye tells product safety conclave of support for pushing penalties higher. Some companies see existing levels as “costs of doing business” rather than punitive. $4.5 million record penalty last year likely to be surpassed with new authority under CPSIA up to $15 million.

CPSC Approves New Federal Standard for Frame Child Carriers
February 24, 2015, Reuters
New mandatory standard gets unanimous 5-0 commissioner vote. New regulation incorporates ASTM voluntary standard.

Child Poisonings From Laundry Detergent Packets Prompts Legislation
February 26, 2015, KSHB.com, NBC Action News
17 members of Congress have now filed legislation to make the cleaning product less attractive to children. Legislation in House drawn up in parallel to Senate proposals. Bills call for mandatory standards from CPSC

The Truth About Car Recalls
February 24, 2015, SFGate
NHTSA study reports 36 million cars on road have uncompleted recall work. Consumer Reports investigation sheds light on record 62 million recalled vehicles in 2014.

Victim’s Mother and Safety Advocates Call for Reforms in Auto Recalls
February 23, 2015, Reuters
Maryland State Legislature reviews package of reforms to speed up recalls, get better safety information to consumers, and assure purchasers a good deal on a new car.

Child Nicotine Poisoning Prevention Act Hearings in Senate
February 25, 2015, The Hill
Senate committee to mark up bill that would direct the CPSC to issue new rules requiring safer, child-resistance packaging for liquid nicotine containers used for e-cigarettes.

New Law Boosts Consumer Rights, Ensures Fair Compensation in Oman
February 25, 2015, Times of Oman
Royal Decree issued by Public Authority for Consumer Protection. Making or selling defective products could result in fines and imprisionment.

What’s New With the Canada Consumer Product Safety Act?
February 20, 2015, Lexicology
Quarterly incident reports to be published at Health Canada’s website will not identify specific products, brands, or companies. Insight into agency’s risk assessment processes.

Recall Index: Major Trends in 2014 That Are Shaping the 2015 Recall Landscape
February 25, 2015, Reuters
Increased regulatory scrutiny and recall complexity is seen ahead. Report finds increased recall awareness among consumers in 2014.

Australia Questions China on the Safety of Berry Shipment
February 24, 2015, International Business Times
Focus on product that sickened 14 children diagnosed with Hepatitis A. Mixed berries reportedly sourced and packed in China.

Supply Chain Law: Year of the Recall!
February 25, 2015, Lexology
2014 vehicle recalls higher than 2011, 2012, and 2013 combined. Record FDA recalls. “Almost nothing taxes a supply chain morer than executing a recall.”

State Issues Definition of “in public”
February 25, 2015, Homer News
Defining “in public” surfaces as critical issue in regulation of commercial marijuana. Alaska Legislature and local governments involved in determining how to regulate the cultivation, processing, and sale of the drug.

General Electric Agrees to $3.5 Million Civil Penalty, Internal Compliance Program for Failure to Report Defective Ranges and Dishwashers
February 19, 2015, Reuters
CPSC penalty for company’s receiving notice of a range defect in 2004, but not reporting it to the agency until 2009. Civil penalty for not reporting also includes several dishwasher models.

How Social Media can Help and Hurt Companies During Product Recalls
February 17, 2015, Wiley’s Journal of Accounting Research (paid article access)
Researchers sampled 405 consumer product recalls between 2000 and 2012. The found that social media can lessen negative price reactions to recall announcements. However, the evolution of social media into interactive channels has resulted in a loss of control over content, and therefore, a lessening of benefits.

Analysis: New Federal Safety Standard Proposed for Phthalates in Children’s Toys and Certain Child Care Articles
February 12, 2015, Lexology
A legal examination is provided on the background and current prohibitions on certain phthalates in children’s toys and child care articles. The authors explain the role of CPSIA and Chronic Hazard Advisory Panel in addressing distinctions between phthalates.

Online Chemical Management Tools Launched
February 13, 2015, Environmental Leader
A new website has been designed to manage product stewardship and to ensure compliance with chemical regulations in the supply chain.

Tour of State Legislatures Finds Spotty Interest in Food Safety Issues
February 19, 2015, Food Safety News
The past 5 years have found food and food product safety an active legislative area with waves of laws and regulations in many states. Not so in the 2015 legislation review undertaken by the Food Safety News.

China Product Recalled in Australia After Hepatitis Outbreak
February 15, 2015, New York Times
Contamination scandals that led to deaths and serious illnesses have increased the popularity in China of imports of European, New Zealand, and Japanese food products. Hepatitis A frozen berry scandal places food production issues on public display.

The Audit Supply Chain Professionals Are Not Doing
February 15, 2015, EBN On Line
Globally, a third of large companies surveyed have no anti-bribery and corruption policy for their main suppliers. Connecting the dots goes beyond audits for quality, manufacturing certifications, and source of origin of parts and raw materials.

The Relationship Between Workplace Safety and Product Safety
February 13, 2015, manufacturing.net
A company can comply with OSHA standards, yet still have a defective product since such standards could be considered a minimum requirement. Product liability between company and worker can be as delicate to manage as between company and consumer.

EMA Explains Centralized Product Database, Talks Future Changes
February 18, 2015, Regulatory Focus News
Monitoring the safety of products after they enter the market place requires risk management plans, updated reports, and sometimes notifying regulators.