In the News; May 1, 2023

The FDA Appears To Expand Its Definition Of A “Medical Device” To Include CPSC-Regulated Infant Sleep Products
April 27, 2023, Retail & Consumer Products Law Observer
The FDA authorized marketing of Happiest Baby’s SNOO Smart Sleeper, an over-the-counter infant sleep system intended to keep infants on their back throughout sleep. This marks the first time the authors of this article are aware of that the FDA has given de novo marketing authorization to a product designed to keep sleeping babies positioned on their backs. It signals a potential expansion of what the FDA considers to be a “medical device” within its regulatory purview. And, though both the FDA and the CPSC conduct recalls of products within their jurisdiction, the FDA now becomes the agency responsible for overseeing any potential recall of this product.

Industry Opinion: No Causal Link Found Between Natural Gas Cooking And Childhood Asthma, Says AGA 
April 27, 2023, Natural Gas Intelligence
A peer reviewed study funded by the American Gas Association (AGA) found that there is not enough evidence to demonstrate a causal relationship between natural gas cooking, indoor nitrogen dioxide (NO2) and asthma in children. “This study comprehensively demonstrates that prior studies on natural gas cooking and NO2 and asthma and wheeze are highly variable and have quality flaws, and as a consequence, there is no scientific basis to draw any conclusions concerning a causal relationship,” AGA CEO Karen Harbert said. “Consumers deserve transparent information about the energy they use, and policymakers need good science to make informed decisions,” Harbert said.

Don’t Let Distractions Derail Your Company’s Strategy
April 28, 2023, Harvard Business Review
An openness to experimenting, learning, and adapting is an essential characteristic of an effective strategy process. However, it’s easy to get distracted by both external and internal developments and opportunities. Leaders should strengthen their strategic intent, improve individuals’ connections with the strategy and encourage better discipline.

The EU And U.S. Diverge On AI Regulation: A Transatlantic Comparison And Steps To Alignment
April 25, 2023, Brookings
Ensuring that EU and U.S. approaches to AI risk management are generally aligned will facilitate bilateral trade, improve regulatory oversight and enable broader transatlantic cooperation. The EU and U.S. strategies share a conceptual alignment on a risk-based approach, agree on key principles of trustworthy AI, and endorse an important role for international standards. Regarding many specific AI applications, especially those related to socioeconomic processes and online platforms, the EU and U.S. are on a path to significant misalignment.

Statement Of Commissioner Peter A. Feldman On The Fiscal Year 2023 Midyear Review
April 26, 2023, cpsc.gov
“The Consumer Product Safety Commission voted unanimously to approve its Fiscal Year 2023 Midyear Review, which aligns CPSC’s spending for the remainder of FY 23 with the actual funding we received,” according to a statement released by CPSC Commissioner Feldman. He says, ” I will continue to work with my colleagues and our staff in the coming months to make sure we are setting the right priorities and providing the resources needed to protect children and other vulnerable groups from unsafe products.”

Unsafe Ladders Remain On Sale In UK
April 26, 2023, This Week in FM.com
The Ladder Association, the not-for-profit industry body dedicated to promoting the safe use of portable ladders, is concerned that a report they issued in 2022 has generated no action. The organization, founded in 1947, has been a leading voice for the ladder safety. Their 2022 report found that over 80% of commercially available telescopic ladders tested failed to meet the minimum safety requirements. Their report also found that over half of the failed ladders were marked and sold as “compliant” in a deliberate attempt to mislead consumers.

Thousands Of Fake Apple Products Bound For Virginia Seized At Dulles Airport
April 25, 2023, Wtop News
When U.S. Customs and Border Patrol officers discovered four cases of Apple products from China on their way to Fairfax County, they paid attention to the red flags as something felt off. The agents seized the 1,000 earbuds meant to look like AirPod Pros and 50 fake second-generation watches. They discovered they were in fact counterfeit. The agency said if the products were sold as the real thing, it would have cost unknowing customers more than $289,500. Acting area port director Christine Waugh noted that unregulated products potentially threaten the health and safety of consumers as they do not go through safety inspections.

Beep, Beep, Beep: Audible Safety Alerts For E-Scooters Being Road-Tested In Central London
April 27, 2023, Yahoo Sport!
A trial of e-scooters fitted with audible alert systems to warn pedestrians has been launched in London. Tier, one of the three firms operating the Transport for London-approved e-scooter hire scheme across 10 boroughs, has begun on-street testing of three different sounds to see which is most effective.

Maine Reexamines PFAS Ban And Reporting Regulations
April 26, 2023, JD Supra
“First movers” in a regulatory field often need to recalibrate their approach.  Maine is no exception as it seeks to implement the broadest reporting and use ban in the country addressing per- and polyfluoroalkyl substances (“PFAS”) chemicals in consumer products.   With other states watching their experiment carefully, Maine’s legislature and Department of Environmental Protection (“MDEP”) are considering significant adjustments to the ground-breaking program. 

Voi Reveals Rider Accident Rate For Shared E-Scooter And E-Bikes
April 27, 2023, Move Electric
Leading shared micromobility firm Voi says that its e-bike and e-scooter users have recorded just 5.45 major and severe accidents per million kilometers ridden. The Swedish firm, which operates rental e-scooter and e-bike schemes in UK cities released the data in its second Safety Report, which also outlines the steps it is taking to achieve its target of zero severe injuries by 2030.

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