CPSC Chairman Kaye and Commissioner Adler address Consumer Product Safety Commission civil penalties criticism
July 21, 2016, cpsc.gov
Chairman Elliot Kaye and Commissioner Robert Adler note the high level of recent interest on civil penalties that were shaped by Congressional intent as contained in the 2008 Consumer Product Safety Improvement Act legislation. “As the Commission has sought and obtained higher penalties we have heard numerous complaints that the agency’s approach suddenly suffers from significant defects, including a lack of transparency, indifference to due process, and unclear settlement terms.” They go on to address these issues, and then conclude: “We think the Commission-and particularly its staff-does not deserve the criticism that has been directed our way lately. That said, we hope to continue the dialogue, as long as it is an honest one.”
Blame for delayed Ikea recall in China falls on local regulators
July 13, 2016, Fortune
It took two weeks after announcing the massive recall of its MALM dressers in the U.S. and Canada to expand these recalls into China. Was Ikea treating China with a double standard? It doesn’t seem so according to this report: “China’s own weak regulators are to blame for the lack of pressure placed on Ikea and other brands.” The reason: product recalls are so rare in China that many consumers can’t even recall one.
Volkswagen scandal reaches all the way to the top, lawsuits say
July 19, 2016, The New York Times
Three attorneys general directly challenged Volkswagen’s defense over its emissions deception, calling the decision to thwart pollution test an orchestrated fraud that lasted more than a decade and involved dozens of engineer and managers, while reaching deep into the company’s boardroom. The lawsuits were filed by New York, Massachusetts, and Maryland, representing a new threat to the carmaker’s finances, reputation, and management.
Forget the fires; hoverboards just want a second chance
July 21, 2016, Mercury News
Months ago the powered scooters largely vanished from the U.S. market after exhibiting a tendency to burst into flames. Now Segway and other manufacturers want consumers to give hoverboards a second chance.
Brexit: All you need to know about the UK leaving the EU
July 21, 2016, BBC
Here’s your opportunity to gain insight into why Britain is leaving the EU, what happens to Britain and the EU next, the steps involved in the separation, and the impact on product safety regulations. Be ready for a long, drawn out process ahead.
Appellate victory for children’s products manufacturer highlights importance of state product liability laws
July 19, 2016, US Courts.gov
The U.S. Court of Appeals for the Eighth Circuit affirmed a jury verdict in favor of Dorel Juvenile Group, Inc. in a case involving claims that a defective doorknob cover manufactured by Dorel caused a toddler’s death from drowning in a pond after the toddler exited the family’s home at night through the front door. The toddler had learned how to defeat the doorknob cover, and the toddler’s mother testified that she had forgotten to latch a new chain lock the parents had installed after the child had started getting out of his crib. The jury unanimously found in favor of Dorel, and the parents appealed claiming that the court erred in admitting evidence that the toddler’s mother failed to secure the chain lock on the night of the accident. Precedent in previous court decisions influenced the affirmation of the jury’s verdict.
California unveils its first Green Chemistry regulations for children’s foam-padded sleeping products with fire retardants
July 19, 2016, Morrison-Foerster
Following up on the break through amendments to the federal Toxic Substances Control Act (TSCA), California has reasserted its intention to proceed with its Green Chemistry Initiative to require substitution of safer chemicals in consumer products. On July 15, 2016 the California Department of Toxic Substances Control released its first proposed “Priority Products List” regulations under the California Safer Consumer Products Program. The proposed regulations would add certain children’s foam-padded sleeping products.
Controversial New Jersey Consumer Protection law creates a potential “Gotcha” for E-commerce companies
July 19, 2016, Morrison-Foerster
A growing number of class action lawsuits against e-commerce companies selling products or services in New Jersey are being filed alleging that their online terms and conditions violate New Jersey’s unusual Truth-In-Consumer-Contracts, Warranty, and Notice Act (TCCWNA). Unlike most consumer protection laws, the TCCWNA focuses specifically on the contractual terms governing certain transactions with consumers, imposing limitations on such terms ‘even if such contractual terms are governed by the law of a state other than New Jersey.’
OSHA cites Connecticut mattress recycler for uncorrected violations
July 20, 2016, Recycling Today
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited an East Hartford, Connecticut mattress recycling company for failing to provide the agency with information that it had remedied all of the hazards identified in a 2015 inspection conducted by the agency. The firm faces a fine of up to $74,000.
UK Trader pleads guilt for selling dangerous laser pen and sentenced to 240 hours of community service
July 21, 2016, Watford Observer
A trader who sold a powerful laser pointer at a school fair has been sentenced to 240 hours of community service after a pointer damaged a children’s eye. The trader pleaded guilty to nine charges relating to the UK’s General Product Safety Regulations 2005 and the Consumer Protection from Unfair Trading Regulations.
