Kimberly-Clark seeks Supreme Court review in “flushable” wipes case
December 2, 2018, JDSupra (Morrison-Foerster)
On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in Kimberly-Clark, et al. v. Davidson, No. 18-304, following a decision in the Ninth Circuit denying Kimberly-Clark’s motion to dismiss. As the authors noted in previous posts, the Ninth Circuit had resolved a circuit split and held that a previously deceived consumer may have standing to seek an injunction against false advertising or labeling if he or she sufficiently alleges intent to repurchase the product in the future. In Kimberly-Clark’s petition, the companies ask the Supreme Court to resolve the issue of whether a consumer, who after using a product and determining that a representation concerning that product is allegedly misleading, can plausibly allege a “real and immediate threat” that she will be deceived by the same representation in the future so as to establish standing to seek an injunction.
Federal Trade Commission oversight and the need for online consumer privacy legislation
November 30, 3018, American Enterprise Institute
This week’s Federal Trade Commission (FTC) oversight hearing — held by the Senate Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security — demonstrated a welcome sense of bipartisanship in Congress around a crucial and growing issue: online consumer privacy legislation. The hearing was punctuated by ranking member Sen. Richard Blumenthal’s (D-CT) impassioned call for increased scrutiny of Silicon Valley platforms and focused on important questions of whether the FTC’s authority and resources must be strengthened. FTC Chairman Joseph Simons’ testimony discussed the need for three additions to the FTC’s authority: the ability to levy civil penalties, jurisdiction over nonprofits and common carriers, and Administrative Procedure Act rulemaking authority.
Foresight is 20/20: How to prepare for the California consumer Privacy Act now
October 28, 2018, CMS Wire
Personal data is currency in today’s digital economy. More and more organizations operate via business models that monetize individual information. And up until recently, few regulations existed on how organizations could collect and use that data. Enter the California Consumer Privacy Act. California, of all the states in the US, has long set the national precedent for consumer protection in the digital era. Now with the CaCPA, state legislators are setting the stage for a fundamental realignment of how companies doing business in the state (and by extension, the US as a whole) interact with customer data.
Attorney General Cracks Down On Unsafe Toys And Children’s Products
November 27, 2018, Northern Public Radio
The Illinois Attorney General’s office just released its 11th annual Safe Shopping Guide on its website. It details the many toys and kid’s products that have been recalled due to safety issues.
Spokeswoman Eileen Boyce says common problems include choking hazards and lead paint, but other issues also crop up. “Every year we see dangerous children’s sleepwear and clothing that can become flammable, or present laceration or choking hazards,” Boyce said. “We also see regularly high chairs that pose fall hazards.”
Toy Association Combats Toy Hunting Season and Promotes Commitment to Safety
November 27, 2018, Toy Association
Armed with real facts about the safety of all toys sold in the U.S. and the hundreds of rigorous federal safety tests and standards in place to protect children at play, The Toy Association was on the ground this November to contest erroneous claims made by W.A.T.C.H (World Against Toys Causing Harm) and U.S. PIRG (Public Interest Research Group). The Association also provides support and counsel to member companies targeted by these groups.
California adds soluble nickel to Prop 65
November 27, 2018, Chemicals Processing
The State of California now has over 900 chemical substances for which warning and labeling is required under Proposition 65 (Prop 65). Recently added to this list are soluble nickel compounds. Given the potential ubiquity of the substance, this could have big implications. On October 11, 2018, OEHHA’s Developmental and Reproductive Toxicant Identification Committee (DARTIC), as the “state’s qualified experts,” determined that soluble nickel compounds were shown to cause reproductive toxicity based on developmental and male reproductive endpoints. The listing of nickel (soluble compounds) means warning requirements will apply in one year, or as of October 26, 2019.
Best practices in product safety management
November 30, 2018, In Compliance (Kenneth Ross)
An effective product safety management program can help to reduce accidents, reduce recalls, reduce insurance premiums, increase the safety and quality of products, provide a more defensible product and company in the event of litigation, and minimize the chance of punitive damages. And the techniques have been well-developed for decades. With that said, why are so many manufacturers being sued and fined by government safety agencies? Why are so many products being recalled, including products by well-known and respected manufacturers? Why are legislative bodies here and around the world enacting sometimes oppressive legislation to force manufacturers to do a better job of providing a safe product?
The Consumer IoT’s Boon for the Insurance Industry
November 28, 2018, Tech News World
Smart home and consumer Internet of Things solutions promise significant opportunities for the insurance industry in terms of reducing costs, alleviating risks, deepening customer engagement, and creating new services and revenue streams. There are many barriers ahead to overcome, but given the tremendous upside, insurance companies have begun attacking these challenges with a multi-tiered strategy. The currency of these opportunities is data, and the level of integration required to realize the insurtech vision and enhance aspects of the insurance business is a huge undertaking. It requires collecting massive amounts of unstructured data from a variety of connected sources.
The global testing inspection and certification tic for consumer products market by 2025
November 26, 2018, The West Chronicle
The 2018-2025 market research report on Global “Testing, Inspection, And Certification TIC For Consumer Products Market” is a detailed study and analysis of the market by industry professionals with domain knowledge. Testing, Inspection, And Certification TIC For Consumer Products Market provides detailed information on the market, and confident in meeting investors needs and expectations. Testing, Inspection, And Certification TIC For Consumer Products Market report offers data about the industry, expert opinions, holistic view of the industry from a global standpoint, individual regions and their development, technology, supplies, capacity, production, profit, price, competition, and the latest developments across the globe. Top Manufacturers of Testing, Inspection, And Certification TIC For Consumer Products Market covers TUV-SUD, Intertek Group plc, Contract Laboratory, UKAS, AI, Hong Kong Standards and Testing Centre, SGS, Chemical Inspection and Regulation Service Limited, TUV Rheinland, UL, and many more.
The smart baby technologies that are raising today’s children
November 29, 2018, BBC
Elliott is one of a growing number of millennials introducing smart baby technology into their lives as parents. Millennials are, after all, the generation most accustomed to feedback and data on every aspect of daily routine. Consumers use apps and wearables to track their fitness, sleep cycles, diets and work habits. For many, tracking their children’s health is a natural next step.In the past few years, a number of manufacturers have recognised the potential to equip babies with wearables and other smart products. There is a market: according to Australian social research firm McCrindle, each week more than 2.5 million members of so-called ‘Generation Alpha’ are born globally. The group, whose oldest members were born in 2010 (the same year that the iPad and Instagram launched), will encompass nearly two billion people by the time the generation officially ends in 2025.
Opinion: The Meaning of ‘Made in China’ Is Changing
November 30, 2018, Caixinglobal.com
Even more important than the fact that Japanese consumers underrate, in fact distrust, Chinese products is the fact that Chinese consumers do not trust them, either. This seems to result from the number of health and safety issues with Chinese products in China itself over the years even more than the feeling among Chinese that they are still a developing nation. But attitudes and the quality of Chinese products are changing, which raises the question of why quality has improved so much in China. The answer is: because Chinese consumers are so demanding. One reason they are so demanding is that, as incomes have risen, they now expect good quality when once they would have been satisfied if something simply worked. However, that is not the only reason.
Opinion: The importance of building ethics into artificial intelligence
August 18, 2017, Mashable.com
A crucial step toward building a secure and thriving AI industry is collectively defining what ethical AI means for people developing the technology – and people using it. At Sage, we define ethical AI as the creation of intelligent machines that work and react like humans, built with the ability to autonomously conduct, support or manage business activity across disciplines in a responsible and accountable way. At its core, AI is the creation of intelligent machines that think, work and learn like humans. AI should not be a replacement for standard business rules or procedures. That’s why we believe all AI-driven technology used in the workplace should embody and advance the interests of an individual company, its staff and its consumer base.
