In the News: October 16, 2023

U.S. Advances First Safety Requirements For Infant Rockers After Nearly A Dozen Deaths
October 11, 2023, NBC News
The Consumer Product Safety Commission voted unanimously to move forward with the proposal developed by its staff, which was unveiled last month. The recommendations come after the agency tallied 11 deaths associated with the reclined seats from 2011 to 2022, most of which happened after infants fell asleep in them. CPSC staff found that the popular products were also associated with 88 injuries in that 12-year period. “I believe that this rule can have a real impact on the safety of these products,” CPSC Chair Alex Hoehn-Saric said. The regulations must go through public comment and review before they are finalized.

U.S. Senate reintroduces SHOP SAFE Act to protect online buyers
October 5, 2023, The Toy Association (™)
U.S. Senators Chris Coons (D-Del.) and Thom Tillis (R-N.C.) reintroduced the SHOP SAFE Act on September 28 to protect consumers from harmful counterfeit products that are sold online. The SHOP SAFE Act emphasizes the need for online platforms to meet the same requirements and liabilities for harmful counterfeit goods as traditional brick-and-mortar businesses. “We commend U.S. Senators Chris Coons and Thom Tillis for their leadership in addressing the pressing need to safeguard consumers, particularly children, from illicit products that are infiltrating online platforms,” stated Steve Pasierb, president and CEO of The Toy Association which backs the legislation.

Out Of Business: Producer Leaves Consumers No Remedy On Recalled
October 12, 2023, ABC 27 News
The Consumer Product Safety Commission announced that The FORT’s Children’s play tents have been recalled due to laceration and choking hazards. According to the Commission, magnets that connect various parts of the forts can become dislodged, creating potential choking and laceration hazards. The FORT is no longer in business, so there is no remedy for consumers. The Commission says there have so far been 17 reports of loose or broken magnets associated with the play tents resulting in laceration injuries to two adults and a pinched finger to one child. The Commission reminds consumers that it is against federal law to sell or distribute recalled products.

The Delicate Dynamics Of Challenging A Superior
October 12, 2023, MIT Sloan Management Review
The act of challenging a superior necessitates more than just raising one’s voice; it involves understanding, navigating, and engaging in the subtle yet complex dance of power dynamics, diplomacy and mutual respect. Approaching someone above you in the professional hierarchy requires a delicate balance and a deep understanding of both the person and the situation. For those keen on maintaining professional decorum and growing in their roles, this guide can help ensure that your challenging conversations are both constructive and respectful.

Commissioner Feldman Requests Comments On Proposed Gas Furnace Safety Standard
October 11, 2023, cpsc.gov
The Consumer Product Safety Commission voted to publish a proposed safety standard to reduce carbon monoxide (CO) injuries and deaths caused by residential gas furnaces and boilers. I voted to advance this rulemaking because of the deadly hazard CO presents, and to seek public input to strengthen it. I am concerned that, however we calculate it, the difference between cost and benefit is large and may subject this rulemaking to legal challenge. I would be particularly interested in hearing from stakeholders regarding two questions: What factors should the Commission use to determine when a cost-benefit relationship is “reasonable?” And how should the Commission apply such factors in this specific rulemaking?

US Customs And CPSC Seize Hair Dryers At The Peace Bridge
October 11, 2023, NBC 2 WGAZ
U.S. Customs and Border Protection (CBP) officers at the Peace Bridge in Buffalo seized hair dryers on behalf of the Consumer Product Safety Commission (CPSC). CBP officers seized 65 hair dryers. According to the CPSC, the hair dryers did not have “integral immersion protection”, which is required for the “Standard for Safety for Household Electric Personal Grooming Appliances.”

PFAS Litigation Update: The Risks Of Consumer Product Marketing Claims
October 11, 2023, JD Supra
As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate marketing statements for consumer products. Most of the lawsuits filed in 2021 and 2022 focused primarily on four categories of products: Food and food packaging; cosmetics; clothing and textiles; and personal care products.

Tesla Australia Pays Penalties For Alleged Breach Of Button Battery Safety Standards
October 12, 2023, The National Tribune
Car manufacturer Tesla Motors Australia Pty Ltd has paid penalties of $155,460 after the ACCC issued it with ten infringement notices. The notices were for allegedly failing to comply with mandatory safety standards for products powered by button batteries, in breach of the Australian Consumer Law. The ACCC alleges Tesla failed to conduct the required safety tests before supplying three of its key fob models and two of its illuminated door sill models and failed to provide the mandatory safety warnings on these products as required by the standard. Since the ACCC started investigating the issue, Tesla has removed the products from sale and started testing them. 

When Toys Go Wrong: Hidden Hazards To Watch Out For
October 12, 2023, ABC2WMAR
Make sure the most wonderful time of the year isn’t the most dangerous one. Before you buy, make sure the toys are safe. According to the consumer product safety commission, emergency rooms treated over 224 thousand toy-related injuries last year. Dangers can be found everywhere. First know the classic toy dangers, such as small parts, strings, projectiles, toxic substances, rigid materials, and inaccurate warning labels.

Utah Sues TikTok Over Child Safety Issues And Its Links To China
October 11, 2023, Engadget
Utah has sued TikTok over child safety issues and the company’s China-based ownership, CNBC has reported. In the complaint, attorney general Sean Reyes called the app “an addictive product” and accused it of misleading users about its relationship with China-based parent company ByteDance. The state recently enacted some of the strictest social media laws in the country, requiring parental permission for teens to use social media. The lawsuit compares TikTok to a slot machine that provides “dopamine manipulation” triggered by swiping up on videos. 

Game-Changer’: EPA Issues Final Reporting Rule On ‘Forever’ Chemicals
October 11, 2023, Safety + Health Magazine
 An Environmental Protection Agency final rule will require manufacturers and importers of per- and polyfluoroalkyl substances to report information on PFAS use, exposures and hazards. EPA has determined that the rulemaking will cover at least 1,462 PFAS – also known as “forever chemicals” because they break down slowly over time – and potentially impact industries including construction, manufacturing, wholesale and retail trade, and waste management and remediation. Published on Oct. 11 and set to go into effect Nov. 13, the rule requires anyone who has manufactured or imported PFAS since 2011 to report certain data.

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