In the News: March 12, 2018

Toys “R” Us said to be prepping liquidation of U.S. Operations
March 8, 2018, Bloomberg.com
Toys “R” Us Inc. is making preparations for a liquidation of its bankrupt U.S. operations after so far failing to find a buyer or reach a debt restructuring deal with lenders, according to people familiar with the matter. While the situation is still fluid, a shutdown of the U.S. division has become increasingly likely in recent days, said the people, who asked not to be identified. Hopes are fading that a buyer will emerge to keep some of the business operating, or that lenders will agree on terms of a debt restructuring, the people said.

North America product safety regulators agree to increase cooperation on consumer product safety; Trilateral MOU signed at annual meeting of multi-stakeholder association
February 22, 2018, cpsc.gov
The U.S. Consumer Product Safety Commission (CPSC), the Department of Health of Canada (Health Canada), and the Consumer Protection Federal Agency of the United Mexican States (PROFECO) formalized their cooperative relationship through the ratification of a trilateral memorandum of understanding (MOU) [pdf].  The signing, involving CPSC Acting Chairman Ann Marie Buerkle; Health Canada Director General, Consumer Product Safety Directorate, Health Canada Tolga Yalkin; and Profeco Federal Consumer Attorney Rogelio Cerda Pérez, took place at the annual meeting of the International Consumer Product Health and Safety Organization (ICPHSO) in Orlando, Florida.

Opinion: As Washington stalls, 24 legislatures move to make environment less toxic
March 5, 2018, MinnPost
For a timely reminder that Team Trump can’t halt all progress toward an American environment less toxic to human health, consider a new survey of state-level lawmaking around the country. More than 120 measures aimed at reducing hazardous chemical exposure in everyday life are moving in American legislatures this year, according to the latest annual count by the Safer States coalition.  The tally has grown by a dozen in the last couple of weeks and may increase further.

Falling furniture and TVs are hidden hazards that threaten children
March 8, 2018, ABC2 News
On average, a child dies every 10 days from a TV or furniture falling on them. There’s a way to eliminate the hazard. Anchoring your furniture or TV is a worry-free way to protect your child. It’s not a new concept but there are still too many deaths and injuries. The Consumer Product Safety Commission is working to keep kids safe by continuously getting the word out, launching educational campaigns, and working with product manufacturers.

Opinion: Support House Bill 27 to protect Alaska’s children from toxic chemicals
March 7, 2018, Juneau Empire
This week the Resource Committee of the Alaska Legislature will be having a hearing about the House Bill 27, the Toxic-Free Children Act (TFCA). The TFCA would protect the health of Alaska’s children by preventing exposure to toxic flame retardant chemicals. If passed, this bill will prevent the manufacture, sale and distribution of toxic and unnecessary flame retardant chemicals in children’s products and home furniture.

REACH Review
March 7, 2018, European Commission
REACH (select language of choice) is the regulation for the registration, evaluation, authorization and restriction of chemical substances ( EC 1907/2006 ). This important EU legislation on chemicals aims to improve the protection of human health and the environment, promote alternatives to animal testing, and ensure the free movement of substances in the internal market, while strengthening the competitiveness and innovation of the chemical industry in the EU. The four REACH procedures are Registration, Evaluation, Authorization and Restriction of Chemicals.

New code of practice launched for product safety recalls
March 7, 2018, Home.bt.com (uk)
A new voluntary code of practice has been launched to help retailers improve the success of product safety recalls among consumers. The code, the first major announcement from the Government’s new Office for Product Safety and Standards (OPSS) and the BSI (British Standards Institution), is voluntary but provides “clear guidance” for retailers needing to recall faulty products.

Report: Hoverboard market challenges limitations and shortcoming of lithium-ion batteries
March 8, 2018, Opinion Investor
This report helps to pinpoints emerging trends, opportunities, performing as well as leading key countries and respective product segments in the market. It also provides current as well as anticipated market size along with competitive landscape in different regions.

Hoverboard causes house fire in Bulleid Place home in Ashford
March 10, 2018, Kent Online
A family fled their home after a hoverboard burst into flames, causing fire and smoke damage. The mother noticed the toy ignited on the landing of her Bulleid Place home in Ashford last night after hearing a crackling sound at about 9.20 pm. She switched the power off, rushed her children and their friend out of her home and dialed 999.

Detoxing carpet: Pathways towards safe and recyclable carpet in a truly circular economy
March, 2018, European Public Health Alliance
This briefing summarises the findings of research by Anthesis Consulting on hazardous substances found in carpets sold in Europe. The study, Toxics in carpet in the European Union (March 2018), reveals how toxic substances in carpets can affect consumers’ and workers’ health and pose obstacles for the industry to move towards a circular economy, as toxic substances might persist in recycled products and harm health. The report concludes with recommendations for how the
carpet sector must redesign its products and eliminate toxic substances to move towards a circular economy.

 

Posted in Chemical Hazards, Children's Products, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain

In the News: March 5, 2018

Federal Court Halts California’s Cancer Warnings for Glyphosate, the Herbicide Found in Roundup
February 27, 2018, Los Angeles Times
A federal judge on Monday temporarily barred California environmental officials from requiring cancer warnings on food products that contain traces of the herbicide glyphosate. The injunction by U.S. District Judge William Shubb leaves glyphosate on the state’s so-called Proposition 65 list as a “chemical known to the state of California to cause cancer,” but bars anyone from enforcing a requirement to warn consumers about the presence of the herbicide.

It’s time for common sense to return to the Consumer Product Safety Commission
March 3, 2018, The Hill
More than a year into the Trump administration there is one government agency that is continuing to push the Obama administration’s excessive regulatory agenda: The Consumer Product Safety Commission (CPSC). CPSC, which regulates over 15,000 products worth billions of dollars to the American economy each year, continues to be controlled by three Democratic commissioners because the Senate has been slow to approve two new Republican nominees.

Are the injuries connected to this stroller the fault of the strollers or the users?
March 1, 2018, Palm Beach Post
Nearly 100 injuries including kid concussions and adult broken bones from a front-wheel detachment means there’s a problem with 493,000 BOB jogging strollers, according to the U.S. Consumer Product Safety Commission.Stroller seller Britax says the strollers use proven devices and malfunctions are at the user end. That’s the synopsis of why the federal agency took the rare step of filing a legal complaint recently to force a recall by Britax. An administrative law judge will rule on the complaint.

United Kingdom retailers Toys-R-Us and Maplin go into administration
March 2, 2018, The Africom
Two major retailers – Maplin and Toys R Us – have entered administration in the UK. The toy retailer’s  United Kingdom unit and electronics chain Maplin collapsed into the British equivalent of bankruptcy protection, deepening a retail crisis prompted by the rise of online shopping and worsened by the pound’s plunge after the vote to leave the European Union.

Finding Reason In The ‘Reasonable Consumer’
March 1, 2018, Lexology (Steptoe & Johnson)
It was a victory for reasonable consumers when a California judge granted summary judgment to Starbucks in a case where the plaintiff claimed to have been defrauded because his latte contained foam. The plaintiff contended that Starbucks was using foam to fill cups in order to deprive consumers of hot liquid. Of course, most consumers buy lattes because they contain foam, and usually have a pretty good idea how much beverage they will get when they order a tall, grande or venti.

U.S. government will not, cannot recall even a dangerously defective gun
February 28, 2018, Daily Kos
If a type of gun is known to be defective—defective in a way that could kill you, like firing with the safety on or blowing apart in your hands—and the manufacturer doesn’t feel like telling you about it, you might never hear about it even as you walked into a store and bought that gun. The manufacturer doesn’t have to tell you. The government won’t tell you. The NRA won’t tell you. To understand how firearms makers escaped government oversight of the safety of their pistols, revolvers, and rifles, you need to go back to 1972, when Congress created the Consumer Product Safety Commission.

Commission Recommendation on measures to effectively tackle illegal content online
March 1, 2018, European Commission
In its Communication of September 2017 on tackling illegal content online, the European Commission promised to monitor progress in tackling illegal content online and assess whether additional measures are needed to ensure the swift and proactive detection and removal of illegal content online, including possible legislative measures to complement the existing regulatory framework.

Silicon Valley faces make or break moment amid big tech backlash
February 27, 2018, NBC News
For years, tech giants and their CEOs could count on glowing praise and friendly media coverage that hyped up just how much their products would change the world. Those changes are now the subject of growing skepticism from politicians, academics and that same media. Election meddling, concerns about privacy and questions about technology’s role in our daily lives have muddied the waters for the Silicon Valley giants, which now face tough questions and scrutiny like they’ve never seen before.

EU Commissioner Mariya Gabriel calls for a human in command approach to digital transformation
March 3, 2018, Euro News
The Mobile World Congress in Barcelona is the place where tech trends for the year ahead are set. The world’s biggest companies come to display their latest gadgets. Samsung with its new flagship Galaxy S9 and LG with a new generation of phones powered by artificial intelligence. The Congress programme is built around 8 core themes and Euronews met up with Mariya Gabriel, the European Commissioner for Digital Economy and Society, to discuss some of them.

The Iconic Barcode To Become Internet-Ready
March 2, 2018, Daily Telescope
EVRYTHNG, the leading digital identity and data management platform for consumer products and GS1 US Solution Partner, launched a QuickStart Online Tool for manufacturers and retailers to connect their products to the Web at mass scale using GS1 identifiers. The web-enablement of GS1 identifiers, used on trillions of consumer products every year, will enhance the role of the ubiquitous barcode with expanded functionality, connecting every consumer product to the World Wide Web and allowing one code or tag to support multiple applications, including smartphone interaction by consumers.

 

Posted in Chemical Hazards, Children's Products, Food Safety, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain

In the News: February 26, 2018

Britax Refuses to recall jogging strollers so the feds have sued
February 20, 2018, wpri.com
The Commission authorized the issuance of the complaint after Britax declined to recall or fix the strollers that pose a substantial risk of injury to children and adults.
Britax announced that it declined the CPSC’s request to recall BOB jogging strollers in the US made before September 2015. 57 children and 40 adults have been injured in accidents associated with the products. So far, the CPSC said the company has refused to recall the strollers. Since 2012, they’ve received more than 200 complaints about the wheels coming off certain models of Britax jogging strollers.

Opinion: Trump is decimating the Consumer Product Safety Commission
February 23, 2018, The Hill
This month, President Trump resubmitted almost a hundred names of people he would like as agency heads. Former CPSC Chair Ann Brown offers: “Many of those agencies badly need direction. But of them all, only my old agency works day in day out to save our children. So I admit, when I saw the president’s nominee for CPSC Chair, Ann Marie Buerkle, tell a reporter the agency is, “not supposed to be emotional” I got pretty emotional myself.”

Acting Chairman of the CPSC Ann Marie Buerkle to Present The Keynote Session at the 2018 JPMA Baby Show
February 20, 2018, SF Gate
Ann Marie Buerkle, acting chairman of the Consumer Product Safety Commission, will offer the keynote presentation at the second annual JPMA Baby Show, a JPMA and Family Media Event. It will take place on Thursday, March 22, 2018 at the Walter E. Washington Convention Center, immediately prior to trade show exhibit hours.

Resolution Urges OEHHA to Add Cancer-Causing Processed Meat to Prop 65
February 13, 2018, Physician’s Committee for Responsible Medicine
A resolution introduced in the California State Legislature by Sen. Ricardo Lara (D-Bell Gardens), urges the Office of Environment Health Hazard Assessment (OEHHA) to add processed meat—such as hot dogs, bacon, and deli meat—to California’s list of substances known to cause cancer, as required under Proposition 65. The bill is backed by the Physicians Committee for Responsible Medicine and Social Compassion in Legislation. A 2015 World Health Organization report classified processed meat—including pepperoni, ham, and sausage made from pork, beef, or poultry—as a Group 1 carcinogen.

117 bills covering a range of consumer product chemical content in 24 states are under consideration
February, 2018, Safer States
An NGO has made it its mission to track hazardous chemicals at the state level. They say that ”states have made critical progress to: define hazardous chemicals of greatest concern to vulnerable populations, disclose the use of these chemicals in consumer products, ban the worst-of-the-worst; and move the marketplace and the nation towards safer alternatives.”

What’s New with China’s Chemical Import and Export Regulatory Programs
February 22, 2018, JDSupra (Beveridge & Diamond PC)
In 2017, China updated its new chemical registration program and toxic chemical import and export control program and introduced a new chemical program – chemical substances subject to prioritized control.[1]  This alert provides an overview of China’s environmental and safety regulations on chemical products in light of these updates.

Industry officials weigh in on new product safety certification
February 26, EIN Newswire
A new professional certification for the consumer product safety field announced last week has drawn comments from product safety officials in various consumer product companies. The program will begin taking registrations on August 1, 2018 for the certification course and examination which will take place in 2019 at the Richard A. Chaifetz School of Business at Saint Louis University.

‘Natural’ label sells, but consumers, lawyers, government wrangle over what it means
February 17, 2018, Seattle Times
In recent years, one bright spot in an otherwise lackluster market for packaged foods, beverages and consumers products has been merchandise promoted as “natural.” Consumers, increasingly wary of products that are overly processed or full of manufactured chemicals, are paying premium prices for natural goods, from fruit juices and cereals to shampoos and baby wipes. But one person’s “natural” is another person’s methylisothiazolinone.

A seal of approval for IoT security?
February 17, 2018, gcn.com
To ensure internet-of-things devices meet basic security standards, Sen. Edward J. Markey (D-Mass.) and Rep. Ted Lieu (D-Calif.) want a label  – like the Energy Star seal – that would indicate to buyers that IoT devices meet certain cybersecurity requirements. The Cyber Shield Act of 2017, introduced October 2017, would create an advisory committee to set the cyber and data security standards products would have to meet to receive the seal.

Meet the team: The government’s Office for Product Safety and Standards
February 21, 2018, PR Week
The newly established UK Office for Product Safety and Standards is tasked with identifying consumer risks and responding accordingly, working closely with the British Standards Institution. Communications and PR are clearly high on the agenda for a body set up to respond with speed and precision to potentially dangerous product recalls.

 

Posted in Chemical Hazards, Children's Products, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain

In the News: February 19, 2018

Craft retailer Michaels pays $1.5M for shattering vases
February 13, 2018, Washington Times
Nationwide craft retailer Michaels Stores Inc. has agreed to pay $1.5 million to settle allegations it failed to make a timely report to the Consumer Product Safety Commission that large glass vases it sold shattered in customers’ hands. The Department of Justice announced the settlement. In 2015, Michaels was sued by the Department of Justice and CPSC. The lawsuit alleged the retailer did not report safety issues with the vases until February 2010, despite being aware of one injury in 2007 and four more in 2009.

CPSC Sues Britax Over Hazardous Jogging Strollers; Action Prompted by Ongoing Harm to Children and Adults from Stroller Wheel Detachment
February 16, 2018, cpsc.gov
The U.S. Consumer Product Safety Commission (CPSC) filed an administrative complaint against Britax Child Safety, Inc., alleging that certain models of their B.O.B. jogging strollers (“strollers”) contain defects in their design which present a substantial product hazard. The complaint charges that consumers reported stroller wheel detachments resulting in injuries to children and adults. Children have suffered injuries including a concussion, injuries to the head and face requiring stitches, dental injuries, contusions and abrasions.

Managing product recalls: what to do during a recall
February 13, 2018, National Law Review (Schiff Hardin)
It is important to note that companies are required to report potential defects and safety hazards even if they do not believe the situation warrants a recall. CPSC has made clear that it is the agency’s job, not that of the company, to ultimately decide if a recall is warranted, and CPSC cannot make that determination if it is not made aware of the situation. The majority of Section 15 reports do not actually result in recalls, meaning that it is often prudent to err on the side of reporting and explaining in the report why the company does not believe a recall is warranted under the circumstances.

How the CPSC works with importers and exporters
Cpsc.gov
Most consumer products under CPSC’s jurisdiction are imported. CPSC works internationally on the development and alignment of consumer product safety requirements, inspection and enforcement coordination as well as consumer education and information dissemination.

Crisis recovery case study: Samsung 18 months on from the explosive S7 Note
February 16, 2018, Continuity Center
In August 2016 Samsung released their much anticipated new ‘big phone’ – the S7 Note. The S7 Note had a lot to live up to, namely competition from its rivals and the success of its older sibling the S5 Note, which was widely regarded as the best Android phone of its generation. After further mishaps, the company began more serious effort to revamp its risk reduction processes and seems to be bouncing back.

Are You in Compliance with Forthcoming Critical Revisions to California Consumer Product Regulations?
February 15, 2018, Los Angeles Business Journal
It is critical for all manufacturers, distributors and retailers selling products into California to evaluate their product lines for compliance determination because on August 30, 2018, new California regulations go into effect that will impact warning requirements for such products. Virtually any company that sells or distributes consumer products in California will need to assess possible compliance with the new regulations.

Emissions from deodorant, bug-spray and other household products may rival that of cars and trucks
February 15, 2018, scpr.org
Air freshener. Shaving cream. Bug spray. Nearly everything under your sink or in your medicine cabinet is a source of air pollution. Scientists and regulators have known this for years, but a new study from UC Davis and the University of Colorado concludes that consumer products are bigger polluters than realized.

California lawmaker wants to stop Facebook from sharing children’s information without clear consent from their parents
February 15, 2018, Los Angeles Times
A Southern California legislator wants Facebook and other social media sites to obtain clear permission from parents before allowing children and teens to use their services. Assemblyman Ed Chau (D-Monterey Park) says an increasing number of websites and apps are collecting personal information and content from young users that can be used to market brands and products. But the consent agreements that make these practices possible are often buried in general terms and conditions for use of service, and companies often allow minors to sign up with no more than a promise that they have asked their parents for permission.

Guest Column: Low-income families who need safe cribs have nowhere to go
February 15, 2018, Tapinto.net
Over the past six years, “Keeping Babies Safe” (KBS) has been providing free cribs, mattresses and other supplies to low-income families, hospitals and charities as part of our “Project Safe Crib.” Over 8,000 families have been served. This year, however, the organization lost foundation support and is seeking support elsewhere.

Eaton announces cyber security collaboration with UL
February 16, 2018, automation.com
Power management company Eaton announced that it is collaborating with global safety science organization UL to advance cyber security for power management technologies across industries. The collaboration is helping to establish measurable cyber security criteria for network-connected power management products and systems.

Opinion: State legislatures tackle toxic chemicals as Pruitt EPA falters
February 13, 2018, saferchemicals.org
State legislatures across the country are stepping up to protect public health from harmful chemicals in an effort to fill gaps in chemical protections due to inaction by the US EPA, according to an analysis of state policies by Safer States. The analysis found that at least 23 states will consider 112 policies to limit exposures to toxic chemicals, including bans on nonstick PFAS chemicals and toxic flame retardants.

Posted in Chemical Hazards, Children's Products, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain

In the News: February 12, 2018

Acting Chairman Ann Marie Buerkle: CPSC Update
February 10, 2018, Product Safety Network News
Acting Chairman Buerkle shares with product safety stakeholders an updated review of  agency programs, personnel, and recent actions and issues at the Consumer Product Safety Commission.

Leadership in cultural change
February 2, 2018, JDSupra
“Context matters when assessing a culture’s strategic effectiveness. Leaders must simultaneously consider culture styles and key organizational and market conditions if they want their culture to help drive performance.”

A strategic approach to managing product recalls
From an article in the September-October, 1996 Harvard Business Review
Chastened, Intel CEO Andrew Grove reflects on his company’s behavior and treatment of customer concerns when issues began to escalate over flawed Pentium microprocessors. He notes: “the kernel of the issue we missed…was that we presumed to tell somebody what they should or shouldn’t worry about, or should or shouldn’t do.” The cost of the recall was estimated at close to $500 million. Grove, usually held in high regard by Wall Street and the business press, had learned about recalls the hard way.

Dingell introduces legislation to keep children’s cosmetics safe
February 7, 2018, Congresswoman Debbie Dingell’s Office
The Michigan Congresswoman introduced legislation mandating that all cosmetics marketed to children are demonstrated to be free of asbestos or otherwise carry a warning label. Dingell introduced the Children’s Product Warning Label Act of 2018 after accessories retailer Claire’s pulled 17 products from their shelves in December after asbestos was found in cosmetics marketed to children.

Global Water quality, environmental production, and reuse regulations report 2017
February 6, 2018, Market Watch
Regulations and water quality standards define the market for water technology. However, these definitions are shifting in markets across the globe. The Global Regulations Package helps readers to understand the opportunities emerging from water, wastewater and sludge regulations and plan your business strategy accordingly. The Package provides you with an extensive directory of relevant information, including the countries which are leading the way in addressing issues, and the relationship between developments in technology and regulation.

Boating Industry group issues white paper on California Proposition 65
February 7, 2018, boatingindustry.com
National Marine Manufacturers Association members manufacture, distribute, and sell a wide variety of products, and many of them are sold into California. These products may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm, and may therefore require a warning under the California Safe Drinking Water and Toxic Enforcement Act, otherwise known as Proposition 65. A warning required in California may impact products sold nationally or internationally. This fact sheet provides a general summary of Proposition 65, including an overview of new regulations that take effect in August 2018.

Editorial: Chicken Little lives in California
February 4, 2018, Chicago Tribune/vcstar.com
Warning: If you live in California, your highly anticipated, absolutely essential and delicious morning cup of coffee may soon come with a warning. A state judge will rule in the coming months whether coffee should be labeled as carcinogenic under California law, The Wall Street Journal reports. Why? Because coffee, elixir of the gods, contains acrylamide, a flavorless chemical produced in the roasting process.

Editorial: Stronger federal action still needed on combustible dust
February 6, 2018, Savannah Morning News
A decade removed from a combustible dust accident that killed 14 and severely injured 39 people, and 12 years after the U.S. Chemical Safety and Hazard Investigation Board first called for relevant regulations, the Occupational Safety and Health Administration “refuses to take steps to enact a “Most Wanted” regulation to protect American workers.”

His wireless Apple headphone started smoking during a workout. Then it exploded, he said.
February 9, 2018, Washington Post
Jason Colon rolled the blackened Apple AirPod in his hand, still in disbelief that the wireless headphone had apparently blown apart moments after he removed it from his right ear. He had been working out at an LA Fitness center in St. Petersburg, Fla. listening to dance music, when white smoke began to leak from the right headphone

Are fidget spinners a health hazard?
February 8, 2018, Medical News Today
Recently, the Journal of Pediatric Gastroenterology and Nutrition released a collection of papers that outlined the potential health hazards of fidget spinners. The authors call for tighter regulation.

How Volkswagen paid $25 billion for “Dieselgate” – and got off easy
February 6, 2018, Fortune
Volkswagen has been hit with huge penalties in the U.S. for the emissions scandal, but not in Europe. Are the German automaker’s senior executives likely to face any prison time?

 

Posted in Chemical Hazards, Children's Products, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain

Acting Commissioner Ann Marie Buerkle: CPSC Update

Acting Chairmnn Ann Marie Buerkle: CPSC Agency Update (Feb. 7, 2018)

Good afternoon. As we begin a new year, I want to thank all of you for your engagement with CPSC and provide an update regarding activities at the agency.

Staff Updates

In recent months, a number of key personnel positions have been filled. Mary Boyle, who was outstanding in her service as General Counsel for 18 months, is remaining at the agency as Senior Counselor for Policy and Planning, a leadership role in the Office of the Executive Director.

Patty Hanz joined the agency as General Counsel. Patty brings both private sector and public service experience to this position as well as a strong academic resume with a J.D. from the University of Wisconsin and a M.B.A. from Northwestern University. Her leadership and management are well recognized in her home state of Wisconsin. This past September, Patty was recognized at the Milwaukee Business Journal’s C-Suite Stars Award event as the 2017 Best Assistant General counsel for her outstanding work.

Joe Martyak has returned to the agency as Director of the Office of Communications. Joe previously served at CPSC as my Chief Counsel and before that, as Chief of Staff to Acting Chairman Nancy Nord. He has extensive communications experience having served in several government, private sector, and non-profit positions. Joe is a graduate of Georgetown University Law Center, as well as Georgetown University College of Arts and Sciences.

Christopher Hudgins joins CPSC as the Director of the Office Legislative Affairs (OLA). Chris brings a depth of experience to this office as well as a good understanding
of CPSC. Since 2008, Chris has served as Vice President, Government Relations and Policy at the International Sleep Products Association (ISPA). In conjunction with his job at ISPA, Chris also served as Vice President, Industry and External Affairs for the Mattress Recycling Council since June 2013. In addition, he has previously held positions with the Association of Home Appliance Manufacturers (AHAM) as well as the National Prostate Cancer Coalition. Chris graduated from the University of Richmond with a Bachelor of Arts in Political Science.

Finally, I welcomed Charlene Swartz McGowan to my office as my Senior Counsel. Charlene was Special Assistant to Commissioner Mohorovic and I am pleased to have her join my team. Prior to joining the CPSC in June of 2017, Charlene served as Assistant Attorney General, Regulated Industries and Consumer Protection Units, in the Office of the Georgia Attorney General and also previously was in private practice with Kilpatrick, Townsend & Stockton, LLP. Charlene is a graduate of the University of Georgia School of Law, and Taylor University with a Bachelor of Arts in Political Science.

Organohalogen Flame Retardants (OFRs)

In September, the Commission voted 3-2 to grant a petition requesting CPSC to ban a large class of flame retardants in four classes of products. It did so against the recommendation of the CPSC staff. In addition, the Commission majority also directed staff to convene a Chronic Hazard Advisory Panel (CHAP) on the same substances and product classes, and issued a guidance document, prepared by the majority and their staff, recommending against the use of the same fire retardants in the same class of products. I voted against the measures because it commences the rulemaking process without having the data needed to move forward, as advised by CPSC staff. I have no objection to study of the issue and even proposed an amendment that would have allowed a vote on convening a CHAP prior to the vote on disposition of the petition. To me, it made more sense to defer the petition and convene a CHAP than launch rulemaking in spite of the data gaps identified by our staff.

Phthalates

In October, the Commission voted 3-1 to issue a final rule on phthalates. The Commission’s final rule on phthalates represents the culmination of a massive effort spanning almost a decade. I thank the CPSC staff for their contributions to this matter. They not only assisted the CHAP in developing the report that is the primary basis for the rule, but also analyzed a great deal of scientific data—particularly exposure data—that was not addressed in the CHAP report. They also reviewed and responded to many public comments that involved highly technical points. The Staff Briefing Package is voluminous, but it was well-organized and addressed a wide range of issues. The legal memo from the Office of General Counsel is also very helpful in making an incisive and candid assessment of many challenging legal questions under section 108 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), 15 U.S.C. § 2057c, and other statutes. For my detailed thoughts on this issue, please read my full statement.

FY2018 Operating Plan

On October 24th, the Commission unanimously approved CPSC’s FY 2018 Operating Plan as amended. The final operating plan was a result of staff work and robust engagement among the Commissioners. We found common ground on a number of issues and I believe the FY18 Operating Plan reflects the key areas where the CPSC can be most effective in carrying out our safety mission, including: a focus on risk, particularly the risks posed by emerging technologies, import surveillance, collaboration and engagement with all of our stakeholders, enhancing the agency’s data capabilities, and the effectiveness of our educational campaigns. Going forward, I am particularly interested to see what staff is able to learn and accomplish in the areas of lithium-ion batteries, Internet of Things technology, data capabilities, and recall effectiveness.

Tipover ANPR

In November, the Commission approved an Advanced Notice of Proposed Rulemaking (ANPR) on Furniture Tipovers by a vote of 4-0. While I do have concerns with some of the packages conclusions, I voted in support of the ANPR because I believe the Commission would benefit from input from all stakeholders on how to most appropriately address this issue. I strongly encourage interested parties to submit comments in response to the information.

Burden Reduction Request for Information (RFI)

In June of 2017, a RFI was published in the federal register looking for suggestions from stakeholders regarding burden reduction. Comments were received and currently are being reviewed by staff. Thank you to all who took the time to comment. I will provide additional information as it becomes available. Many of the suggestions were very useful and I am hopeful some will get implemented.

2017 was a busy year. The agency saw a transition in leadership, a change in the Commission with the departure of Commissioner Mohorovic, and a number of challenging issues for staff and stakeholders to tackle. I am incredibly proud of the work that we have did last year and look forward to our continued collaboration in 2018.

I hope that you and your loved ones had a safe and happy holiday, and that the New Year brings you many blessings. I look forward to seeing many of you at the upcoming ICPHSO conference. Me and my staff, as well as numerous members of the agency’s staff, will participate throughout the week and especially on CPSC day.

Sincerely, Ann Marie

Ann Marie Buerkle

Acting Chairman
U.S. Consumer Product Safety Commission

Posted in Uncategorized

In the News: February 5, 2018

New Federal Standard to improve safety of infant slings takes effect
February 1, 2018, cpsc.gov
A new federal standard aimed at making sling carriers safer is now in effect. The U.S. Consumer Product Safety Commission (CPSC) approved the standard to prevent deaths and injuries to young children.  The new standard applies to any infant sling carrier manufactured or imported after January 30th 2018.

UK Toy market decreases in 2017 amid concerns about counterfeit toys
January 23, 2018, Toy Fair
UK toy sales decreased by 2.8% in 2017 to £3.4bn. Factors that have contributed to this dip in the market include under-performing licenses, the impact of Brexit (particularly last year’s impact on Sterling), plus the ever-growing concern of counterfeit toys, according to the British Toy and Hobby Association (BTHA) and the NPD Group. The announcement follows three consecutive years of growth and a particularly strong year in 2016 and, despite the small decline, still positions the UK as the largest market in Europe.

New York Bill would regulate chemicals in kids’ products
February 1, 2018, The Forum News Group
Legislation aimed at protecting children from toxic exposure by allowing the New York State Department of Environmental Conversation to regulate, and in cases of significant public health concern, ban the use of some dangerous chemicals in children’s products, is making its way through the Assembly, according to Assemblywoman Stacey Pheffer Amato (D-Howard Beach), a co-sponsor of the bill. The proposed law amends the Environmental Conservation Law “to better regulate the use of toxic chemicals in children’s products and establishes an infrastructure within State government to categorize chemicals of concerns along with requiring disclosures by children’s products manufacturers as to whether their products contain chemicals of concern.”

The U.S. Patent system is broken, says the inventor of the hoverboard
January 31, 2018, Forbes
Meet the inventor of the hoverboard who lost millions to Chinese counterfeiters.
Shane Chen stormed out of CES a few weeks ago in all out exasperation. His wife was at his side, crying. As they were setting up their exhibit for the first day of the trade show they noticed, all around them, companies setting up booths to showcase products that were blatant rip-offs of Chen’s landmark hoverboard.

Button battery regulation looms if manufacturers don’t up safety, Consumer Minister says
February 2, 2018, New Zealand Herald
If the number of children landing in Starship hospital after swallowing button batteries does not plummet this year, the Government is considering legislating against them. Consumer Affairs Minister Kris Faafoi announced businesses and button battery manufacturers will be given the chance to make the product safer before the Government steps in.

Many second hand plastic toys could pose a risk to children’s health, study suggests
February 1, 2018, Science Daily
The plastic used in many second hand toys could pose a risk to children’s health because it may not meet the most up to date international safety guidelines, according to new research published in Environmental Science and Technology. Scientists from the University of Plymouth analysed 200 used plastic toys which they found in homes, nurseries and charity shops across the South West of England.

Prop. 65: California coffee shops may be required to display cancer warnings: report
February 1, 2018, The Hill
Coffee shops in California may soon be required to post notices warning customers that drinking the beverage could come with a cancer risk. CNN reported that a number of companies that sell coffee, most recently 7-Eleven, have settled in a lawsuit first brought in 2010 arguing that businesses have failed to notify customers of the presence of a chemical in coffee that can possibly lead to cancer.

Complaint waged against Indiana baby box
February 1, 2018, wishtv.com
An anti-baby boxes group has filed a complaint with the Allen County Building Department that alleges the box at the Woodburn Fire Department was put in illegally. “We know for a fact that these so-called ‘baby boxes’ have never been put before a single regulatory agency, or have ever received a single regulatory compliance approval,” plaintiffs wrote in their complaint. “The agencies that must be contacted, and approved by, are the Underwriters Laboratory, The Federal Food And Drug Administration, and The Consumer Product Safety Commission. For installation in Woodburn — or in any building — the UL Listed, and the FDA regulatory compliance are a must have, and fully documented.

TUVtel introduces human environment relations
February 1, 2018, PR Newswire
TUV Rheinland Taiwan has created a more lively version of the TUVtel children’s magazine edited by its German head office. On January 23 they were in Taipei once again invited to visit the Rixin Elementary School and Kindergarten, founded a century ago, to put on a performance as part of the “TUV Rheinland Safety Hero” program.

Recycling dilemma: China’s stricter standards impacting local communities
January 31, 2018, Wicked Local: Brookline, MA
China, a major importer of recyclables, imposed new restrictions on scrap imports at the start of 2018. THE IMPACT: Prices of recyclable scrap materials have dropped, raising the cost of recycling operations for plant owners, which eventually will mean increased costs for municipalities.

 

Posted in Chemical Hazards, Children's Products, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain

In the News: January 29, 2018

Nomination of a new chairman at the CPSC
January 25, 2018, Lexology, (Morrison and Foerster)
With the start of the new year, President Trump again nominated Republican Ann Marie Buerkle to chair the U.S. Consumer Product Safety Commission (CPSC). Her expected confirmation will continue to push the CPSC in a more corporate-friendly direction that focuses on consensus building rather than additional regulation. At the same time, another Republican, Dana Baiocco, is expected to be confirmed to take Democratic Commissioner Marietta S. Robinson’s seat. Both Buerkle and Robinson have antiregulatory reputations, leading to criticism from some consumer advocacy groups, even though both have decades of experience in consumer product safety regulation.

Overnight Regulation: Trump’s former chemical safety nominee leaving EPA
January 23, 2018, The Hill
President Trump‘s former nominee to lead the Environmental Protection Agency’s (EPA) chemical safety office is leaving his job at the agency. Michael Dourson was hired as a senior adviser to Administrator Scott Pruitt last October after a fiery confirmation hearing. The hire angered Democrats, who accused Pruitt and Dourson of trying to do an end-run around the Senate’s responsibility to confirm high-ranking government officials.

Swallowed button batteries add to safety concerns about ‘fidget spinners’
January 26, 2018, Science Daily
A report of two young children with burns of the esophagus caused by swallowed button batteries from “fidget spinners” highlights a risk of severe injuries involving these popular toys, according to a series of reports in the January/February Journal of Pediatric Gastroenterology and Nutrition (JPGN). The reports add to previous safety hazards from fidget spinners, especially in the hands of toddlers and preschoolers.

‘Tide Pod Challenge’ causes some retailers to lock up product
January 23, 2018, Palm Beach Post
The viral challenge that involves people filming themselves biting into laundry detergent pods is causing some retailers to take security measures to prevent people from shoplifting the product. The so-called Tide Pod Challenge has prompted a warning from U.S. Consumer Product Safety Commission, which said ingesting the pods can cause them to dissolve quickly and release highly concentrated toxic contents.

Video: Company defends Crock Pot safety after “This is Us” episode
January 15, 2018, wsav.com
A television drama program did a segment that showed a faulty slow cooker that was given to the family second hand, that catches fire, spreading flames throughout the house, in part because smoke detector batteries had not been changed. Even though the show never called the slow cooker a “Crock Pot,” Crock Pot’s parent company, Newell Brands, issued a statement, looking to reassure consumers that it’s safe to use their Crock-Pot slow cookers.

Customs agents seize 2,000 children’s toys bound for Harrisburg that pose potential choking hazard
January 25, 2018, Fox43.com
U.S. Customs and Border Protection agents, teaming with the Consumer Products Safety Commission, seized nearly 2,000 packages of children’s toys that were bound for Harrisburg after determining that parts of toys posed a potential choking hazard, the agencies announced Thursday in a press release. The toys, valued at more than $5,600, were shipped from Hong Kong, the release said.

Canada: These Toys Aren’t Safe For Kids And The Risks Are Pretty Scary
January 25, 2018, Huffington Post
While most parents are bonafide safety experts when it comes to car seats, baby proofing, and best sleep practices, toy safety may not always be so obvious. After all, they’re just toys, which are designed with kids in mind, right? That doesn’t make them all safe, Canadian experts say.

A deluge of counterfeit toys is leaving children exposed to toxic chemicals, safety experts warn
January 23, 2018, inews.co.uk
A surge in the number of counterfeit toys flooding the UK market has left children exposed to potentially toxic chemicals and at risk of choking, a leading industry body has warned. An estimated 10 to 12 per cent of toys sold in the UK in 2017 were counterfeit, with unscrupulous manufacturers circumventing strict safety regulations imposed by the EU to cut costs.

UK: New National Office for Product Safety and Standards – lofty ideals but practical limitations
January 24, 2018, Lexology (Freshfields Bruckhaus Deringer LLP)
The UK Government has announced a new National Office for Product Safety and Standards, albeit with a relatively limited annual budget of just £12 million. The OPSS will identify consumer risks and manage national responses to major product recalls, coordinating Trading Standards and local authorities. Its work begins immediately, and its first priority is to set up a national incident management response capability and to improve the Government’s product recall website. Some question whether the new program goes far enough. Others, including local government leaders welcome the new Office. (https://www.localgov.co.uk/Local-authority-leaders-welcome-new-consumer-safety-body/44580)

Compliance top challenge for legal departments in 2018, say 41% of lawyers surveyed
January 24, 2018, marketwatch.com
In-house counsel are grappling with a growing number of corporate regulations and transactions, a new survey suggests. More than four in 10 lawyers (41 percent) interviewed by Robert Half Legal cited managing compliance or regulatory matters as the greatest priority for their corporate legal teams in the next 12 months. Mergers and acquisitions ranked second, with 14 percent of the response.

 

Posted in Chemical Hazards, Children's Products, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment

In the News: January 22, 2018

Teen Tide pod challenge: Latest web fad carries big danger to health
January 19, 2018, UPI
Prompted by internet dares, dozens of U.S. teenagers in recent weeks have popped liquid laundry detergent packets from a variety of manufacturers into their mouths just to see what happens. According to the American Association of Poison Control Centers, or AAPCC, there have been 39 reported cases of teens intentionally ingesting laundry pods during the first 15 days of 2018. That’s exactly as many cases reported for the entire year of 2016.

5 Ways the government shutdown could be bad for your health
January 20, 2018, CNN
If the shutdown happens, workers considered “nonessential” stop working until Congress can agree on a federal budget bill. At its peak of the 2013 government shutdown, about 850,000 employees were furloughed per day. The Consumer Product Safety Commission, which recalls products that are unsafe, is allowed to finish its work only on products that are considered an imminent threat. That means the routine screening of products like children’s toys could stop.

Report: EPA streamlines safety review process for new chemicals
January 20, 2018, Newsmax
The Environmental Protection Agency is streamlining a safety review process for new chemicals. While industry officials have said the process is slow and cumbersome, former EPA officials and some advocates say the change will skip steps that are necessary to protect the public, NBC News reported.

Packaging’s role in protecting children from choking hazards
January 18, 2018, Packaging World
Choking hazards are not child’s play, but can result from a child’s play and other activities, as well. The Consumer Product Safety Act, along with the Federal Hazardous Substances Act, include labeling regulations for toys and games, meant to protect children from choking on small parts. The regulations apply to products intended for use by children who are 12 years old or younger.

Secret settlements are endangering the public. This California bill will fix that
January 16, 2018, Sacramento Bee
A bill introduced by State Assemblyman Mark Stone would prevent lawsuits from being settled on the condition that information be kept confidential when it is about a defective product or an environmental condition that poses a danger to public health and safety. Such secrecy leads to deaths and serious injuries as the public and regulators are kept in the dark about unsafe products and toxic conditions.

Baby powder battles: Johnson & Johnson documents reflect internal asbestos concerns
January 16, 2018, Ledger Enquirer
In the early 1970s, a Johnson & Johnson official posed a question that haunts the company today. If Johnson’s Baby Powder contained asbestos at a level of, say, 1 percent, how much of the cancer-causing substance would a baby inhale when dusted with the powder? A memo and other internal company records cast doubt on J&J’s assertions that its powders have always been asbestos-free.

Toying with children’s data lessons from the FTC’s first connected toys settlement
January 17, 2018, Data Privacy Monitor
On Jan. 8, 2018, the FTC – in cooperation with the Office of the Privacy Commissioner of Canada (OPC), which issued its own report finding violations of Canadian law – settled its first-ever connected toy privacy case with Hong Kong-based VTech Electronics, Ltd., (VTech), resulting in a $650,000 penalty

Brexit deconstructed: A Dummies guide to trade
January 29, 2018, The New European
Soon the UK and the EU will begin negotiating their future trading relationship, and the excitement seems to be initiating a whole new wave of Brexit falsehoods. The Sunday Express recently ran a headline claiming a ‘no deal’ Brexit would cost the EU to the sum of £500 billion while providing an even larger boost to the UK economy.  And in a recent political interview, Labour leader Jeremy Corbyn said that leaving the EU would necessarily mean leaving the single market. Both comments are just two isolated examples in a sea of misunderstandings and falsehoods.

Consumer group Choice calling for mandatory safety standards for trampolines
January 19, 2018, The Sydney Morning Herald
Now consumer group Choice is calling for the Australian safety standard for trampolines to be mandatory, after seven out of eight popular models failed to meet their safety checks, which identify entrapment risks, and use weight and force to test the structure and padding.

Possibilities of 3D printing for toys customization
January 12, 2018, TCT Magazine
By allowing the customer to participate actively in the design process, 3D technologies are able to gather data and provide a personal experience, which gives customers a unique product that meets their expectations. That is what the H2020 iBUS project is developing, an internet-based platform for the customer-driven design of safe personalised toys and games.

 

Posted in Chemical Hazards, Children's Products, Food Safety, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment

In the News: January 16, 2018


Trump nominates Ann Marie Buerkle, again, to consumer safety post
January 8, 2018, Syracuse.com
President Donald Trump didn’t wait long to send his nomination of Ann Marie Buerkle back to the Senate as his pick to chair the U.S. Consumer Product Safety Commission. Trump included Buerkle on a list of more than 70 nominees he sent to the Senate, two weeks after Senate Majority Leader Mitch McConnell declined to carry the nominations over into the new year.

President Trump Re-Nominates Ann Marie Buerkle For Permanent CPSC Chairman and Dana Baiocco as Commissioner
January 9, 2018, Lexology (Mintz, Levin)
With Congress back in session, on January 8th President Trump was swift to re-nominate Acting Chairman Ann Marie Buerkle to be the permanent Chairman of the CPSC, along with a nomination for a second term as a Commissioner.  President Trump also re-nominated Dana Baiocco to be a Commissioner.

Window association announces new window covering safety standard
January 12, 2018, PRNewswire
The new safety standard, ANSI/WCMA A100.1-2018, strengthens window-covering safety by requiring that all stock products sold in stores and online—which account for more than 80 percent of all window covering products sold in the U.S. and Canada—to be cordless or have inaccessible cords. WCMA previously announced that the compliance date for the new standard would be one year after ANSI approval, which would be January 9, 2019.  However, at the request of CPSC Chairman, Ann Marie Buerkle, who asked WCMA to move up the compliance date,

Acting Chairman Buerkle’s statement on window coverings new voluntary standard
January 12, 2018, cpsc.gov
The CPSC Acting Chair praisesExtensive efforts have been made by CPSC staff, consumer advocates, retailers, manufacturers, test labs, and other stakeholders in the development of this consensus standard. “I applaud and appreciate all of these efforts,” the agency leader says.

Safety Experts Warn About So-Called ‘Tide Pod Challenge’ On Social Media (video)
January 12, 2018, cbslocal.com
Safety experts are warning about a dangerous social media challenge involving teenagers. They’re popping detergent pods in the mouths and then posting the videos online. Many of the social media videos are recorded and posted by minors. They’re putting the poisonous laundry pods in their mouths for clicks and internet fame.

California Prop 65 agreements reached on lead in certain consumer products
January 8, 2018, Satprnews.com
A number of new California Proposition 65 (Prop 65) settlement agreements have been reached on the use of lead in various consumer products. Lead has consistently been targeted since it was listed as a chemical known to cause developmental toxicity in males and females in February 1987. California Proposition 65 is the “Safe Drinking Water and Toxic Enforcement Act of 1986’, a unique consumer ‘right-to-know’ law which was passed by Californian residents in November 1986

Vermont seeks to amend its chemical disclosure program
January 11, 2018, National Law Review (Keller and Heckman, LLP)
The Vermont Department of Health (VDH) has proposed revisions to its rules under the state’s Chemical Disclosure Program. Crucially, the rule would offer relief to manufacturers by replacing the current annual reporting requirement with a two-year window. The Toxic Substances in Children’s Products Rule took effect on December 10, 2015, and follows from the state’s 2014 green chemistry bill, VT S. 239.

Chinese consumers pick safety as top priority for infant goods
January 11, 2018, Korean Herald
Product safety is the top priority for Chinese consumers of infant goods, a report said Thursday. The report by the Korea Trade-Investment Promotion Agency said South Korean companies need to focus on improving the safety of products while making inroads into the infant goods market in China.

Call Kurtis: Woman’s concern over oven turns out to be user error (video)
January 8, 2018, sacramento.cbslocal.com
A California consumer says she smells gas when she turns on her Frigidaire oven. She was concerned that it was just a matter of time until something happened because the fumes became increasingly worse. A PG&E inspector determined the oven door wasn’t closing and that the oven door was hitting the rack. After several tries adjusting the oven rack, he finally gets the door closed, no more gas detected.

Opinion: Toxic chemical whack a mole game
January 8, 2018, Investigative Reporting Workshop
A well known advocate-chemist is among a growing number of scientists, advocates, parents and public officials who urge a fundamental shift in how society restricts toxic chemicals — moving away from a one-at-a-time whack-a-mole game to instead targeting whole classes of chemicals. The aim is to end the longstanding pattern of manufacturers simply swapping one toxic substance for another once a chemical, after years of research and advocacy, is phased out or banned.

Posted in Chemical Hazards, Children's Products, Global Developments, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain