In the News: June 20, 2016

AMIDST GOOD NEWS, ONE MORE CHALLENGE FOR LUMBER LIQUIDATORS:

>Lumber Liquidators’ stock soars after government ruling removes overhang
June 17, 2016, MarketWatch
Shares of Lumber Liquidators Holdings Inc. surged after a U.S. Consumer Product Safety Commission ruling indicated that a full recall of made-in-China laminate flooring sold by the company wasn’t necessary given none of the air quality tests found formaldehyde levels above the remediation guidelines. The CPSC announced a “recall to test” program in which those who bought the flooring from 2011 through May 2015 through Lumber Liquidators are encouraged to contact the company for a free testing kit. CPSC Chairman Elliot Kaye said in a statement that consumers should not remove the flooring in their home themselves. The CPSC also said that any sale or disposal of the left over inventory of laminate flooring under scrutiny will be made only after getting the regulator’s approval.

>Blog: Lumber Liquidators “Potentially Catastrophic?”
June 17, 2016, Barron’s
The company has agreed that it will not sell the product (which was pulled from store shelves in May, 2015), and said it will continue the existing air quality testing program for consumers purchasing the products in stores between February 2012 and May 2015. So what’s the rub? The basis for a ‘potentially catastrophic’ outcome is a Multi District Litigation class action products liability lawsuit scheduled to go to trial in November unless the parties reach a settlement before then.

Australia: Scammers face $10 million fines under Labor proposal to strengthen watchdog
June 15, 2016, news.au/finance
Scammers would face fines of up to $10 million for breaches of Australia Consumer Law, addressing gripes by the watchdog and consumer advocates that the current penalty regime is too lenient.  Currently the maximum fine for breaching Australian Consumer Law is $1.1 million. The Australian Competition and Consumer Commission has previously called for the change, which would bring consumer law penalties in line with competition law penalties.

THE EU AND AN UNCERTAIN FUTURE:

>EU Referendum – Uncertainty and best-guessing
June 15, 2016, Business News Wales
While two sides are promoting the pros and cons of the UK leaving the European Union, there is no way to realistically assess with certainty the implications of a departure by the UK. The UK has been a member of the EU for more than 40 years, and the EU is the UK’s most important trading partner. A new legal framework for trade would need to be developed if the UK votes to leave, but there will be two years to sort this out.  As to the Welsh Government, is there a possibility that it could elect to stay in the EU even if the UK votes to leave?

>Result: Reader survey on European Union Referendum
June 14, 2016, Electronics Weekly
Electronics Weekly asked its electronics industry readers their views ahead of the European Union Referendum in the United Kingdom. An analysis of 131 respondents indicates that 61% are in favor of the UK remaining and 39% favor leaving.  Responses split along two lines of thought. The “remain” group responses focused on trade, and trade-related factors, including product safety areas.  The “leave” respondents name immigration and parliamentary sovereignty as determining factor in their views.

COMMISSIONER VIEWPOINTS:

Commissioner Ann Marie Buerkle writes in her blog under the title “Silence is Golden.”  She has challenged CPSC Chairman Elliot Kaye over an “unhealthy break with Commission precedent.”  The matter involves a public statement from the Chairman disclosing the referral of a case based on an alleged reporting violation to the Department of Justice. The vote on the referral was 4-1 by the Commission, with Commissioner Buerkle being the lone dissenter; she does not argue the merits of the case in her blog. The “’longstanding tradition” that Commissioner Buerkle refers to is that no statement is issued from the agency when a referral to Justice made. “Sometimes they settle. Sometimes, the Department does not agree that a suit is justified.” By publicly announcing the referral, Commissioner Buerkle states “the Chairman may limit the flexibility that Justice has traditionally enjoyed in such cases.” She also notes a “more troubling result of the premature statement is the impact on due process rights.”

Financial Services and General Government Fiscal Year 2017 Appropriations Committee Bill:
Includes funding CPSC at $124 million, $7 million less than budget requests
June 16, 2016, U.S. Senate Committee on Appropriations Full Committee Markup
The Senate Committee-approved appropriations bill provides a total of $22.552 billion, including a reduction of $933 million in discretionary funding, and more than $2.2 billion less than the President’s requests. The bill provides funding for the Department of Treasury, the Executive Office of the President, the Judiciary, the District of Columbia, and more than 2 dozen independent federal agencies.  The bill funds CPSC at $1 million less than the fiscal 2016 enacted level. The House Committee on Appropriations had passed a bill and report language that allocates $121.3 million to the CPSC. The House and Senate will next reconcile their two different bills.

CPSC Report: Fatal child drownings in pools down 11% nation wide since 2010
May, 2016, cpsc.gov
A Consumer Product Safety Commission report shows that the number of fatal child drownings in swimming pools has decreased 11% since 2010, the year the agency launched its Pool Safety public education program.  The latest data shows that where 355 reported fatal child drownings in pools and spas in 2013 with 283 of these involving children younger than 5. The latest data from 2011 and 2015 show there were 18 children under the age of 15 who suffered a circulation entrapment, with only 1 fatality involving a 4 year old resulting.

Flame Retardants: A guide to current state regulations
June 14, 2015, Stinson.com/insights
The Massachusetts Senate became the latest state legislative body to pass a bill that would ban at least 11 flame retardants from children’s products sold in the state. The bill passed the Senate by a remarkable 39-0 margin. If it becomes a law, it will make Massachusetts the 14th state in the country to pass at least one law restricting or banning the sale of products within its border that contain one or more types of chemical flame retardants.

Product Safety? Yes Malta is very active
June 12, 2016, Times of Malta
Malta is participating for the 10th consecutive year in a product safety joint action coordinated by Prosafe and partially funded by the European Commission. This year’s action consists of acquiring samples of various products from different consumer product categories and having them tested for conformance and safety by accredited labs overseas and taking the appropriate action. The Market Surveillance Directorate from the Technical Regulations Division of the Malta Competition and Consumer Affairs Authority coordinates the action.

How conductive inks meet consumer demands
June 17, 2016, The Manufacturer
An engineer analyses a new product developed to meet today’s consumer expectations for products that are delivered fast, smart, and conveniently. Conductive inks are the newest advancement in Printed Electronics. Conductive inks such as silver, carbon and other polymer thick films {PTF) can be printed on lighter substrates that are as diverse as polyester, poly carbonates, polyurethanes, and paper. This can reduce product complexity and generates a corresponding reduction in costs in such areas as medical procedures, wearable’s, and smart packaging.

 

Posted in Chemical Hazards, Children's Products, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability