In the News: February 6, 2017

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.

 

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