In the News: October 16, 2017

New federal safety standard for infant bathtubs takes effect
October 6, 2017, Market Watch
A new federal mandatory safety standard aimed at helping to keep infants and toddlers from drowning while in infant bath tubs went into effect on October 2, 2017.  This means that it is now illegal to sell infant bath tubs in the United States that were manufactured on or after that date, if they do not meet the new regulation.  Parents and caregivers should purchase infant bath tubs that were manufactured on or after October 2, 2017.  These bath tubs must meet the new federal safety standard.

Flame retardants targeted for SF ban
October 12, 2017, SF Bay
San Francisco is a step closer in banning the sales of upholstery furniture and children’s products with flame retardant chemicals after a Board of Supervisors committee moved the legislation to the full board with a positive recommendation.The legislation would not just apply to brick and mortar stores selling furniture or children’s products, but it would also apply to online sales of those same products.

Farewell to product safety
October 11, 2017, Detroit Metro Times
CPSC Commissioner Robinson, who was a highly esteemed trial lawyer in Detroit for years, fears the age of consumer protection is about to come to an end. Her term ends this month, and she’ll be gone as soon as the U.S. Senate confirms her replacement. That will give Republicans a 3-2 majority on the commission. Robinson understands that’s how the game is played; presidents fill vacant positions with members of their own parties. She focuses on the portable generator as a case study in how one industry responds to the regulatory framework.

California chemical warning rules cause headaches for promo firms
October 10, 2017, Advertising Specialty Institute
New chemical warning regulations for consumer products in California are drawing criticism from promotional product companies that assert they present onerous challenges and make companies vulnerable to lawsuits. While the new rules don’t take effect until August 30, 2018, promotional product companies are already grappling with them as they create catalogs for next year and prepare for the coming changes, which some industry pros panned as potentially detrimental to sales and ineffective at achieving their aim of educating and protecting consumers.

State joins ‘Children’s Environmental Health Day’ for stronger protections from harmful chemicals
October 12, 2017, Vermontbiz.com
Environmental health organizations, medical professionals, business leaders, and members of the public gathered today at the Vermont State House to highlight the day, and to call for stronger protections for Vermont children from harmful chemicals. “Despite the many successes and advancements in the field of children’s environmental health over the past few decades, today’s children face an epidemic of illness and chronic diseases linked to environmental exposures and our changing climate,” said Carol Westinghouse, President, Informed Green Solutions.

The School Synthetic-Turf Wars
October 12, 2017, The Atlantic
Towns are weighing the practicality of artificial fields against the potential health risks for the kids who play on them. More than 8,000 artificial-turf surfaces are currently in use across America, from youth sports fields to professional stadiums, according to the Synthetic Turf Council. The fields are durable, rain-resistant, and low-maintenance. But in recent years, some researchers have raised concerns about the safety of these surfaces and their infills, which are typically made from scrap tires. The federal government has commissioned a study to address the questions surrounding artificial turf, but results could be years away.

New standards for toys will hurt majority of retailers, says industry body
October 12, 1017, The Hindu
The apex body of retailers in the country, Retailers Association of India (RAI), said the government’s new standards for toys will severely hurt a majority of retailers. They seek a 12-16 month period in order to transition to the standard. The new norms, notified in September, specify that all imported toys should be tested locally and should comply with the standards prescribed by the Bureau of Indian Standards (BIS), the RAI said in a statement, adding that the norms were issued without consulting stakeholders.

China’s sustainable fashion paradox
October 11, 2017. Business of Fashion
According to Green Initiatives, a non-profit focused on environmental education and solutions in China, 53 percent of the world’s textile production waste comes from China, an estimated 70,000 tons every day, with 2.5 billion tonnes of polluted waste water produced annually. To combat this, the Chinese government’s 13th five-year plan for economic and social development, released in 2016, set a target of 4.5 million tons for recycled textile production by 2020. “Since the US has seemed to step away from that (Paris Agreement on Climate Change), China is really stepping to the forefront, which makes it a very interesting place to be right now,” says Michael Beutler, a sustaina

New state regulations allow robot cars on streets with no one at the wheel or even in the car
October 11, 2017, Sacramento Bee
California officials took a major step Wednesday toward allowing companies to test autonomous cars without anyone at the wheel or even in the vehicle, releasing a set of regulations on how those tests can be conducted. The state plans to take public comments over the next two weeks on the new regulations, and officials said the permitting process could be in place early next year.

Regulation and accountability more effective than ban on firecrackers
October 13, 2017, WION
Celebrating the American independence day with firecrackers is a time-old custom in the US. The writer witnessed student organizations, individuals, municipal corporations, military, all celebrating from the Pacific coast to New England, from the lake of Michigan to the hills of Tennessee. Contrast this with what the author experienced in the Delhi-NCR, where a huge civic protest against lenient environmental norms during festivals forced the hand of the government. The Supreme Court of India has imposed a ban on the sale of firecrackers in the Delhi-NCR.

 

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

In the News: October 9, 2017

Federal judge orders Spectrum Brands to pay $1.9 million fine
October 5, 2017, Wisconsin State Journal
Middleton-based Spectrum Brands has been ordered to pay $1.9 million in civil penalties for waiting too long to report a defect in Black & Decker SpaceMaker coffee carafes that resulted in injuries to nearly 70 people, and for continuing to sell the carafes even after they were recalled. Spectrum Brands — a consumer products company whose products include Rayovac batteries, Remington shavers and George Foreman grills — said it has not decided yet if it will appeal.

Senate committee OKs Buerkle to lead Consumer Product Safety Commission
October 5, 2017, Auburn Citizen
Auburn native Ann Marie Buerkle is one step closer to being confirmed as chair of the Consumer Product Safety Commission. The Senate Committee on Commerce, Science and Transportation approved Buerkle’s nomination Wednesday. The final hurdle for President Trump’s nominee to head the agency will be the full Senate, which is expected to confirm her as chair.

Blog: San Francisco moves to protect children from flame retardant chemicals
October 5, 2017, Enviroblog
San Francisco could soon become the first U.S. city to prohibit chemical flame retardants in all new upholstered furniture and children’s products sold in the city, including online sales. A proposed ordinance under consideration by the Board of Supervisors would ban added flame retardants from kids’ products including play and nap mats, nursing pads, changing pads, infant seats, highchair pads and strollers. The proposal, expected to come up for a vote Oct. 17.

Reducing the CPSC regulatory burden for apparel firms
October 4, 2017, Just-Style
A group representing U.S. apparel and footwear retailers and importers has submitted a number of suggestions to the U.S. Consumer Product Safety Commission on how to reduce regulatory burden without harming consumers, including exempting spandex from flammability testing standards.

National PSA launched to alert parent of potential window cord dangers
October 2, 2017, Marketwatch
The Window Covering Safety Council (WCSC) and the U.S. Consumer Product Safety Commission (CPSC) are using a national public service announcement campaign to urge consumers to check their window coverings for exposed or dangling cords which can pose a strangulation hazard to infants and young children. WCSC, CPSC and safety experts strongly recommend that consumers use only cordless window coverings or window coverings with inaccessible cords in homes with young children.

Toy Association takes position on final phthalates rule and ban on flame retardants
September 25, 2017, Toy Association
On September 20, the CPSC voted to grant a petition to initiate rulemaking banning organohalogen flame retardants (OFRs) in children’s products (including toys), mattresses, upholstered furniture, and external casings of electronics. A Toy Association statement says, “To the best of (its) knowledge, these flame retardants are not intentionally added to toys; however, they are an essential element of preventing fires from electric and electronic components of toys. The Toy Association submitted comments on behalf of the industry in 2016 urging the CPSC to deny the petition since an acceptable alternative to ensure the safety of these products has not been found.”

Op-Ed: Proposition 65 warning: Too many warning signs can be bad for your health
September 30, 2017, L.A. Times
Starbucks, Whole Foods and about 80 other places in California that sell coffee may soon be forced to put on warning labels to alert consumers that the product within contains acrylamide, a chemical that may be carcinogenic. Wait a minute. Coffee causes cancer? Actually, research increasingly points to the opposite conclusion.

Potential Legislation on the Horizon Following Major Data Breaches
October 5, 2017, National Law Review (Morgan, Lewis & Bockius LLP)
In the wake of several major data breaches over the last several months, new data security and data breach notification bills have been introduced in the US Congress, and others may also be in progress. Two key bills currently introduced are: 1) Bill S. 1815, the Data Broker Accountability and Transparency Act of 2017 (DBAT Act), which would set new accountability and transparency requirements for data brokers selling consumers’ sensitive information; and 2) Bill H.R. 3806, the Personal Data Notification and Protection Act of 2017 (PDNP Act), which would provide for a single national data breach notification standard.

Testing, Inspection and Certification (TIC) Market worth 247.94 Billion USD by 2023
October 6, 2017, 4-Traders
According to the new research report ‘Testing, Inspection, and Certification (TIC) Marketby Service Type (Testing, Inspection, Certification), Sourcing Type (In-house and Outsourced), Application (Consumer Goods & Retail, Agriculture & Food, Chemicals), and Geography – Global Forecast to 2023′, the testing, inspection and certification (TIC) market is expected to be worth USD 247.94 Billion by 2023, at a CAGR of 5.02% from USD 184.77 Billion in 2017. The growth of this market is mainly driven by harmonization of standards, growing consumption of goods in emerging countries, increasing incidents of product recalls globally, surge in global counterfeiting and piracy activities, and imposition of rigorous government regulations and standards across various sectors.

Q4 Barometer: Manufacturing Peak Season Brings New Quality and Ethical Challenges
October 4, 2017, Asiainspection
The peak season’s tighter shipping deadlines are definitely putting a strain on ethical compliance. Third-quarter data from AI factory audits shows the percentage of fully-compliant (“Green”) factories dropping to 30% across the board (compared to the 2016 average of 34%), while the share of factories with critical non-compliances increased by almost a third, to 34.7% from the 2016 figure of 27.3%. Corrective action in the medium term is necessary in the remaining 35.3% factories, which received an “Amber” score. Data shows that of all the major ethical issues, manufacturers are still struggling with working hours and wages compliance the most, achieving average scores of 6.4 out of 10 in this category (compared to 7.3/10 at the end of 2016).

 

 

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: October 2, 2017

Seasoned Litigator Nominated to Replace Commissioner Robinson and Establish Republican Majority at CPSC
September 21, 2017, Consumer Product Matters
President Trump has nominated Dana Baiocco to be a Republican Commissioner on the Consumer Product Safety Commission. If confirmed, Ms. Baiocco would take the seat of Commissioner Marietta S. Robinson, whose term expires on October 26, 2017. Baiocco is a well-known litigator and partner at Jones Day in Boston, Massachusetts. She is also familiar with the world of product safety. Baiocco’s product safety experience includes extensive product-liability litigation, having defended many major consumer product companies.

CPSC Guidance Document on Hazardous Addictive, Non-polymeric Organohalogen Flame Retardants in Certain Consumer Products
September 25, 2017, Federal Register
The Consumer Product Safety Commission announces that it has approved a statement that provides guidance for manufacturers, importers, distributors, retailers, and consumers of certain consumer products that may contain harmful organohalogen flame retardants in an additive form.  The Commission recommends that manufacturers of children’s products, upholstered furniture sold for use in residences, mattresses (and mattress pads), and plastic casings surrounding electronics refrain from intentionally adding non-polymeric, organohalogen flame retardants (“OFRs”) to their products. Further, the Commission recommends that, before purchasing such products for resale, importers, distributors, and retailers obtain assurances from manufacturers that such products do not contain OFRs.

North American Flame Retardant Alliance says CPSC issues misguidance on flame retardant category
September 28, 2017, prneswire.com
A response has been issued to a published CPSC guidance document in the Federal Register discouraging businesses and consumers from using or purchasing additive, non-polymeric organohalogen flame retardants in children’s products, upholstered furniture sold for use in residences, mattresses and plastic casings surrounding electronics. The North American Flame Retardant Alliance (NAFRA) released a statement that claims “CPSC’s guidance is not consistent with the state of the science and ignores CPSC Staff’s own science-based review as well as the regulatory determinations made by government authorities around the world.”

Colorado Magnet Company Proposes New Safety Standard to Prevent Buckyball Ingestions
September 28, 2017, markets.businessinsider.com
In a formal petition submitted to the U.S. Consumer Product Safety Commission (CPSC) in mid-August 2017, Zen Magnets, LLC (Zen) proposed new rulemaking for a comprehensive safety standard for all brands of high-powered small rare earth magnet spheres (SREMs) – such as Zen Magnets and Buckyballs – with the goal of “extending its industry-leading track record of safe magnet use.”

Statement of Acting Chairman Ann Marie Buerkle on the Passing of Former CPSC Chairman, S. John Byington
September 28, 2017, cpsc.gov
John Byington, who was nominated to the Commission by President Ford, is best remembered for his projects on risk-based decision making, cost–benefit analysis and program management.

Blumenthal demands portable generator manufacturers implement strong safety measures in wake of natural disasters
September 25, 2017, 4-traders.com
In a letter to President of the Portable Generator Manufacturers’ Association (PGMA) Greg Wischstadt, U.S. Senator Richard Blumenthal (D-CT), ranking member of the Senate Commerce Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security, urged manufacturers and enforcement agencies to implement stronger measures to prevent portable generator dangers. At least nine carbon monoxide (CO) related deaths have been reported in the wake of Hurricane Irma, and more are anticipated with the entire island of Puerto Rico without power, potentially for months due to Hurricane Maria, should manufacturers fail to adopt necessary safety measures.

Most people aren’t even aware of the many regulations being removed
September 25, 2017, Michigan Radio.org
A Michigan radio commentator had breakfast with CPSC Commissioner Marietta Robinson, who was a highly respected trial attorney in Detroit before President Obama appointed her to the Consumer Product Safety Commission four years ago. Her term expires next month. Democrats still have a three-to-two majority on that commission, and once she leaves, she is certain to be replaced by a Republican. She explains to the commentator why she is very, very worried about what that will mean – and not just from a conventional partisan standpoint.

California Announces Intent to List Vinylidene Chloride as a Carcinogen under Prop 65
September 29, 2017, National Law Review (Keller and Heckman)
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that it intends to list vinylidene chloride as a carcinogen under Proposition 65 based on the Labor Code listing mechanism. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Proposition 65 prohibits knowingly exposing any individual to a listed chemical without first providing a “clear and reasonable warning” to such individual. OEHHA cited the International Agency for Research on Cancer’s (IARC) classification of vinylidene chloride as a Group 2B substance “possibly carcinogenic to humans” as the basis for the listing under the Labor Code.

Former VW Engine Chief Arrested, Signaling Widening Emissions Case
September 28, 2017, The New York Times
An investigation into Volkswagen’s diesel emissions scandal expanded significantly on Thursday after German authorities arrested a former high-ranking executive of the carmaker, two people with knowledge of the arrest said. The executive, identified by German news outlets as Wolfgang Hatz, is a former chief of engine development at Volkswagen. He worked closely with Matthias Müller, now the company’s chief executive, when both were members of the management board of the carmaker’s Porsche unit. Mr. Hatz was being held in Munich without bail.

China: Product quality, safety to be monitored more vigorously, public to be alerted
September 29, 2071, ecns.cn
China will redouble its efforts to ensure the safety and quality of exported and imported goods by creating an evaluation system and taking action on evaluation results, according to a guideline released by the State Council on Wednesday. Actions may include product bans, sequestration or mandatory recalls. To make that happen, the country will set up a national risk assessment center, establish an expert committee and create national labs to evaluate the quality and safety of products, according to the guideline.

Judge: Flint water lawsuit against Michigan, local school officials can proceed
September 29, 2017, Detroit Free Press
A federal lawsuit that claims state and local school authorities have failed to ensure that lead-exposed children in Flint are receiving an appropriate education can move forward, a judge ruled today. U.S. District Judge Arthur Tarnow rejected requests from the Michigan Department of Education, Flint Community Schools and the Genesee Intermediate School District to toss the case.

 

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

In the News: September 25, 2017

Will federal safety panel ban toxic flame-retardants in household products?
September 20, 2017, Chicago Tribune
The Consumer Product Safety Commission plans to vote on a petition that would ban chemically related flame-retardants, known as organohalogens, from children’s products, furniture, mattresses and household electronics. Many of the compounds have been linked to cancer, neurological deficits, developmental problems and impaired fertility. A growing body of research suggests they can irreparably harm fetuses and young children by mimicking hormones during early stages of life.

CPSC Commissioner Kaye Statement on Organohalogen Fire Retardants Petition
September 20, 2017, cpsc.gov
Commissioner Kaye explains his position on a 3 to 2 vote in support of a petition regarding the use of additive, non‐polymeric organohalogen flame retardants (OFRs) in certain consumer products and to direct staff to convene a Chronic Hazard Advisory Panel (CHAP) … to assess and issue a report on the risks to consumers’ health and safety from the use of OFRs, as a class of chemicals, in the certain products affecting vulnerable populations including infants, children, and senior. He explains: “I voted to grant the petition and convene a CHAP because the overwhelming evidence received by the Commission to date indicates that OFRs are toxic and the exposure to them through certain consumer products may pose serious health risks to humans, especially pregnant women, young children and socioeconomically vulnerable populations.”

Latest Pool Safely Stats: At Least 163 Children Fatally Drowned in Pools and Spas This Summer
September 18, 2017, Markets Insider
From Memorial Day through Labor Day 2017, at least 163 children younger than age 15 fatally drowned in swimming pools or spas, according to media reports compiled by the USA Swimming Foundation, a Pool Safely campaign partner to the Consumer Product Safety Commission. Of the 163 reports, 112 of the victims — nearly 70 percent — were children younger than age five. Florida led all states with the highest fatality counts: 25.

CPSC Acting Chairman Ann Marie Buerkle Statement on Baby Safety Month
September 18, 2017, cpsc.gov
Acting Chairman Buerkle urges all parents, new and experienced, to think about safety first when it comes to infant’s sleep environment. Babies spend most of their time sleeping. She offers a few simple rules that will keep babies sleeping safely, including: never place pillows or thick quilts in a baby’s sleep environment, always put you’re a baby on his or her back to sleep and make sure there are no gaps larger than two fingers between the sides of the crib and the mattress.

$1.2M in Fake Hoverboards Seized in California
September 20, 2017, Promo Marketing
Even before their CPSC rebuke 19 months ago, hoverboards had posed many problems for police personnel, and this year has proven especially disturbing due to a house blaze that claimed the lives of two Pennsylvania children and news that hackers have added the gizmos to their lists of compromised objects. But a recent bust netted about $1.2 million through the confiscation of between 2,500 and 3,000 imposter products. The numbers can give anyone pause, but what should trouble people more is that falsified labels from Underwriters Laboratories appeared on the shady hoverboards.

E-bikes the focus of BPSA’s first ever annual report
September 21, 2017, SGB
The Bicycle Product Suppliers Association (BPSA) released its first-ever Annual Report and, not surprisingly, grappling with safety and legal issues around e-bikes was a major discussion point. The report noted that on pavement, the BPSA/PeopleForBikes e-bike initiative helped bring about new laws clearing up the legality of e-bikes in Colorado, Illinois and Arkansas. Similar laws had already been passed in California, Tennessee and Utah. The focus on electric mountain bikes (eMTBs) remains on building a user base of riders who can speak as a common voice for improved access for eMTBs and working with officials at all levels to advocate for “common sense e-bike policies” in line with the current user base and technology.

This Yale grad’s startup makes following consumer product recalls easy
September 14, 2017, Forbes
According to the Center for Injury Research and Policy, 80% of recalled children’s products are still in use, a statistic that ought to provoke anxiety in even the most relaxed parent. A new consumer service called Bonnie a startup founded by Yale graduate and entrepreneur Chris LoPresti and his brother Matt LoPresti, is poised to provide an easy and smart solution.

50 predictions: Product Liability, Safety & Recall
September 19, 2017, Lexology (DAC Beachcroft)
Many manufactured goods require CE marking, which shows that a product is safe and complies with EU legislation. As CE marking is integral to trade, the UK will continue to recognize CE marks and apply them, at least in the short term, whether products are being sold across the EU or only within the UK. Following Brexit, the UK is likely to ensure product safety standards meet or exceed those operating in the EU to avoid causing confusion and damaging the UK’s competitiveness. However, the UK may lose the benefit of access to initiatives such as RAPEX, the rapid alert system for consumer goods, and manufacturers may need to appoint an authorized representative from within the EU to serve as their local representative. The exit should have no effect on the UK’s participation in European standards bodies, including CEN, the European Committee for Standardization, as CEN is a European body, not a EU body.

EU to launch cyber-security safety labels
September 20, 2017, Gadgets360
The European Union unveiled plans Tuesday to step up its response to cyber-attacks, including a new intelligence-sharing agency, cyber war games and product safety labels. The proposals by the European Commission, the executive arm of the 28-nation bloc, come amid growing concerns over election hacking by foreign states, ransomware attacks and other cybercrime like identity theft and bank fraud.

EU-Canada trade agreement enters into force
September 20, 2017, European Commission
Welcoming this milestone in the EU’s trade policy, President of the European Commission Jean-Claude Juncker said: “This agreement encapsulates what we want our trade policy to be – an instrument for growth that benefits European companies and citizens, but also a tool to project our values, harness globalization and shape global trade rules. This trade deal has been subject to an in-depth parliamentary scrutiny which reflects the increased interest of citizens in trade policy. The intense exchanges on CETA throughout this process are testimony to the democratic nature of European decision-making and I expect Member States to conduct an inclusive and thorough discussion in the context of the ongoing national ratification processes of the agreement. Now it’s time for our companies and citizens to make the most out of this opportunity and for everyone to see how our trade policy can produce tangible benefits for everyone”.

These Updated Safety Requirements For Baby Bouncers Are Necessary For All Parents To Know
September 18, 2017, Romper
If you’re in the market for a new infant bouncer seat, you’ll notice that they all will now come with fall hazard warning labels placed on the front of the seat near the location of the baby’s head and shoulders. According to Sandhills Express, this new mandatory standard, approved by the CPSC, is intended to “prevent deaths and injuries” to the infants that are being placed in the seats.
The serious risk that the CPSC is looking to combat with these new hazard labels is the large number of falls associated with infant bouncer seats. Consumer Affairs reported that between Jan. 1, 2006 and July 6, 2016, there were 347 incidents involving bouncer seats reported to CPSC — including 12 fatalities and 54 injuries.

 

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

In the News: September 18, 2017

Proposition 65 receives oversight hearing
September 8, 2017, Northern California Record
California Assemblyman Bill Quirk (D-Hayward) recently convened a panel of experts to take about Proposition 65 at an environmental safety and toxic materials (ESTM) oversight hearing that also touched upon new changes to the 30-year law that are slated to take effect in 2018. Experts from different industries discussed the impact, good and bad, of the initiative aimed at reducing the levels of toxic chemicals released into the atmosphere since first being implemented in 1986.

Dozens suffer carbon monoxide poisoning from generator use following Irma
September 14, 2017, Fox News
Hurricane Irma caused widespread extended power outages throughout Florida, Georgia and the Carolinas. The power outages have sparked an increase in generator use in the affected areas that has resulted in dozens of carbon monoxide poisoning incidents following Irma. One person died and three more people were treated for carbon monoxide poisoning from a generator inside a Daytona home. Three people died and four more were injured due to carbon monoxide poisoning in Orange County, according to the Orange County Sheriff’s Office.

Acting Chairman Ann Marie Buerkle’s statement on Hurricane Irma
September 8, 2017, cpsc.gov
Acting Chairman Buerkle notes that this is a challenging time for our nation, in the midst of an active and dangerous hurricane season. While extending thoughts and prayers for those affected by Harvey and Irma as well as the first responders, she also reminds consumers that preparing for the hurricane’s aftermath is extremely critical.

Technology recalls surge as regulation can’t keep up with product innovation
September 11, 2017, IT ProPortal
Whether it’s a cutting-edge gadget, an exciting software platform, or an advanced appliance, the latest technologies to hit the market can create a consumer and business buying frenzy. They can fully meet with expectations and they can turn out to be a passing fad, but on occasion, they can also present possible dangers, particularly if they bypass strict health and safety regulations for the country in which they are being sold.

How the CPSC keeps consumers safe from products that get recalled
September 9, 2017, cnbc
If a product is shown to have a substantial hazard, it can be subject to recall. Consumers purchase millions of dollars of product that is later recalled every year. Up to 400 products are recalled yearly by Consumer Product Safety Commission (CPSC), a government agency that oversees products consumers use every day. The relatively obscure agency has control over 15,000 products, ranging from everything to toys, electronics, off road vehicles and bike helmets.

Coffee could soon come with a Surgeon General’s warning
September 8, 2017, Los Angeles Times
Trouble is brewing in the courtrooms of Los Angeles – coffee, our country’s caffeinated favorite, could soon come with a cigarette-like cancer warning under California’s Proposition 65 provisions. The little-known Council for Education and Research on Toxics (CERT) sued around 70 coffee companies for not including warning labels on a product that contains carcinogens, and the 7-year-old suit finally kicked off in court this week.

New survey ranks California’s lawsuit climate 47 worst in the nation
September 11, 2017, Northern California Record
Litigation over a small businessman’s pursuit of the perfect kitty litter scoop is one example of why the lawsuit climate in California continues to rank low compared to other states, according to a recent survey. “No one is actually accusing your product of harming anyone,” Chuck Firth, the creator of the popular DuraScoop kitty litter scooper, said in a video by Faces of Lawsuit Abuse, a project of the U.S. Chamber Institute for Legal Reform, which owns this publication. “They’re just saying, ‘You didn’t put a warning label on it.'”

Your Company Brand and Ethical Behavior
September 13, 2017, JDSupra
The reality of today is that a company doing business with ethical behavior and having an ethical culture is a market differentiator. It can not only drive customer behavior in a positive manner but equally significantly millenniums place large stock in companies which are seen to do the right thing. It has led to an expectation that companies will do the right thing. Clearly, this is not something which happens overnight but having an effective strategy can create value for an organization by building adjacencies and can be used to mitigate the risk of both negative associations and threats to an organization.

Shades of Noir: My Hunt for an Eclipse Glasses Villain
September 8, 2017, The New York Times
Tens of millions of eclipse glasses were sold ahead of the first total solar eclipse to cross the United States in nearly a century. And though no one has an exact tally, it’s clear that a significant portion were unreliable. Along with Amazon’s massive recall, there was the coffee chain that stopped trusting glasses gifted with lattes and the medical center that scrambled to locate shades distributed at the county fair. Even optometrists were getting duped.

Selling products online
September 8, 2017, Times of Malta
Electronic commerce is going full tilt: it has fundamentally influenced the ways in which enterprises and countries produce, trade and compete in the EU and worldwide. Ensuring the safety of products placed on the online marketplace remains, however, a challenge. Enforcement authorities cannot effectively conduct on-the-spot inspections or test samples of products, and at times are faced with the impossibility of identifying a responsible company for a product sold online.

 

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

In the News: September 11, 2017

CPSC Targets Retailer Home Depot in Rare Sale of Recalled Goods Civil Penalty
September 7, 2017, Crowell & Moring
The Company will pay a civil penalty of $5.7 million. This penalty is significant because it involves claims against a retailer who allegedly sold recalled products in violation of Section 19(a)(2)(B) of the Consumer Product Safety Act. This penalty is just the third such penalty in recent years. Notably, and perhaps the reason why the CPSC sought a significant civil penalty here, according to the agency’s allegations, sales and distribution of recalled products continued for one year after Home Depot had told the Commission in May 2015 of the potential sale of approximately 595 units of seven different recalled products.

CPSC approves new federal standard for infant bouncers
September 7, 2017, cpsc.gov
The U.S. Consumer Product Safety Commission (CPSC) approved a new federal mandatory standard to improve the safety of infant bouncer seats and prevent deaths and injuries to babies. Infant bouncer seats support babies in a reclined position and allow them to bounce. The new federal standard is based on the existing voluntary standard, ASTM  F2167-17. The ASTM standard improved the requirements for stability to address tip-over incidents and for the battery compartment to address incidents involving battery leakage, corrosion, and overheating.

CPSC Acts on Phthalates
September 7, 2017, Keller Heckman Law
The Consumer Product Safety Commission (CPSC) voted unanimously to approve a final rule to determine that certain plastics (with specified additives) are not expected to violate limits on phthalates in children’s toys and child care articles and therefore will not require third-party testing. The Commission has separately agreed in a court proceeding to vote on a final rule on phthalate limits in children’s toys and childcare articles by October 18, 2017.

Chemical companies have already released 1 million pounds of extra air pollutants thanks to Harvey
September 4, 2017, The Washington Post
Oil refineries and chemical plants across the Texas Gulf Coast released more than 1 million pounds of dangerous air pollutants in the week after Harvey struck, according to public regulatory filings aggregated by the Center for Biological Diversity. While attention has zeroed in on the crisis at the Arkema chemical plant in Crosby, Tex., other facilities — oil refineries, chemical plants and shale drilling sites — have been reporting flaring, leaks and chemical discharges triggered by Harvey.

In-depth: From trusted to busted – when brands lose consumer trust
September, 2017, Best Media Info
Johnson & Johnson recently lost its fifth court case in the US, which has understandably lent a blow to the brand’s image world over. Several legacy brands from McDonald’s to Volkswagen have been taken to court for selling ‘substandard’ products. What do global Giants Volkswagen, Tata Motors, Nestle and Johnson & Johnson have in common? All of them have lost market share in respective industries because of controversies surrounding quality issues or faulty products.

Companies are coming clean about fragrance, but is that enough?
September 7, 2017, Mother Nature Network
If you look at the ingredient label of your favorite shampoo or laundry detergent, you’ll likely see the word “fragrance” or “parfum.” What you won’t see is a list of the chemicals and other ingredients used to manufacture that synthetic scent. Product manufacturers don’t have to tell you what’s in their fragrances, as those ingredients are considered a trade secret and protected by law.

Chinese company claims victory in US patent case at heavy cost
September 6, 2017, Global Times
A Chinese self-balancing vehicle maker that recently won a patent case launched by US competitors said that despite the victory, the company had sustained massive losses in business. Hangzhou Chic Intelligent Technology Co said in a statement that the case cost the company “a huge amount of capital and personnel and seriously lowered the company’s ability to invest in research and development and innovation.”

Manufacturers Share Chemical Data With EPA to Make Safety Case
September 6, 2017, Bloomberg BNA
The BASF Corp., the Dow Chemical Co. and Honeywell International Inc. are sharing chemical data with the EPA in a bid to persuade agency scientists that the compounds they make or use are safe and should stay on the market. During the next few years, the Environmental Protection Agency will study and consider regulations for the 10 compounds that are under review if the agency determines they are unsafe—part of the agency’s implementation of last year’s amended toxics law. At stake are hundreds of uses of chemicals in factories, households, and construction sites that hinge on EPA’s upcoming reviews.

The Extraction is Watching the Proposition 65 Litigation
September 6, 2017, Daily Coffee News
A California trial over whether Starbucks and other coffee sellers should warn consumers about low levels of a carcinogen in their brews kicked off recently with the companies saying the chemical is a low-risk byproduct of coffee roasting and a nonprofit arguing that no exemption to a state notification law is warranted.

JPMA educates families about Baby Safety Month
September 6, 2017 San Francisco Chronicle
Child safety devices, like safety belts and straps, should be used on baby gear each and every time to reduce the risk of infant fall injuries. That is the potentially lifesaving message of this year’s Baby Safety Month, celebrated each September by the Juvenile Products Manufacturers Association (JPMA). Falls are still the leading cause of non-fatal injuries for all young children in the U.S.

 

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

In the News: August 28, 2017

Regulatory activity dips to new lows in Trump Administration
August 23, 2017, Bloomberg Government
The pace of regulatory activity has dipped to new lows in the first six months of the Trump administration. Pamela Gilbert, former executive director of the Consumer Product Safety Commission, suggests that enforcement patterns can also be expected to change once the Commission’s make-up changes from a 3-vote Democratic majority to a 3- vote Republican majority. The Office of Information and Regulatory Affairs processed 67 regulatory actions in the first six months of this administration compared with 216 actions by the same point in the Obama administration.

Dueling Interests at CPSC and FDA “Deem” E-cigarette Battery Safety a Priority
August 25, 2017, Retail Consumer Products Law
In August 2016, the Food and Drug Administration finalized its so-called Deeming Rule to bring e-cigarettes and ENDS, as well as their components and parts such as batteries, under its authority to regulate tobacco products. Then, in early August Firewood, a vaping supplier, participated in a voluntary recall under CPSC’s Fast Track Recall program of all Firewood 4 vaporizers sold on the company’s website.

Government blocks companies from importing and selling children’s products after alleged non-compliance with product safety laws
August 23, 2017 Lexology (Crowell & Moring LLP)
The U.S. Department of Justice and Consumer Product Safety Commission recently announced that they had entered into consent decrees with three New York-based toy companies and five individuals for importing and selling products that violate the Federal Hazardous Substances Act and the Consumer Product Safety Act. The consent decrees enter permanent injunctions against the companies from importing and selling toys until certain remedial actions are implemented and monitored by the CPSC.

What’s the next fidget spinner?
August 24, 2017, New York Magazine
Fidget spinners are literally everywhere, which means they are also no longer cool. So what’s the next hottest fad prospect? According to Judy Ishayik, owner of New York City’s Mary Arnold Toys, it’s squishies: Things that look like other things that are also really amazingly, satisfyingly, squishy.

VW engineer gets 40 months, $200K fine in scandal
August 25, 2017, Detroit News
VW engineer James Liang’s 40-month sentence and $200,000 fine for his role in a worldwide scandal that defrauded American consumers could foreshadow tough treatment for seven other executives charged in the scandal, including one awaiting sentencing in December.

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2017
August 16, 2017, JDSupra (Bergeson & Campbell PC)
Under the old Toxic Substance Control Act, approximately 90 percent of new chemical notifications entered commerce without restriction. Since the new TSCA reform act was introduced, this number is in the 20 percent range, a remarkable change given the absence of clear Congressional intent fundamentally to amend the New Chemicals Program. Here’s an update on the EPA regulatory agenda in the chemicals area.

How One Man’s Quest To Save His Magnets Became A Massive Regulatory Battle
August 21, 2017, Huffington Post
A federal judge had ordered thousands of BB-sized metal balls ― once among America’s most popular novelty gifts ― to be destroyed because their promoter, Shihan Qu had bought them from a company that promised to stop all sales as part of a government effort to protect children. Their end came in a 1,000 degree Fahrenheit furnace. The April meltdown was the latest dramatic turn in 30-year-old Qu’s relentless five-year legal fight against the federal government to save his magnets.

New Prop. 65 warning label changes go into effect soon (except for 22 bicycle companies)
August 23, 2017, Bicycle Retailer
The Bicycle Product Suppliers Association has sent a letter to its members informing them of updates to California’s Prop. 65 warning label regulations. The changes go into effect Aug. 30, 2018. However, 22 bicycle companies that were part of a group settlement in 2006 when litigation over lead content in cable housing and handlebar grips came to the fore are exempt from the new requirements. The 2006 settlement also protected downstream customers of the 22 companies.

California seeks labeling chlorpyrifos as “developmental toxicant”
August 18, 2017, Western Farm Press
California’s Department of Pesticide Regulations (DPR) and Office of Environmental Health Hazard Assessment (OEHHA) are pursuing “health protections” on the popular agricultural pesticide chlorpyrifos, according to the state’s Environmental Protection Agency (CalEPA). Cal EPA calls this the start of a public and scientific review of the document which could lead to increased restrictions on chlorpyrifos across the Golden State.

UK wants minimal change on consumer standards post Brexit
August 21, 2017, Politico.eu
The U.K. wants as little change as possible in the way it and the EU recognize consumer standards and assess the safety of products after Brexit. In a new position paper, the British government said that existing safety and standards tests for consumer goods carried out in either the U.K. or the EU before Brexit should still be valid in both markets after the U.K. leaves — sparing manufacturers red tape and duplicate testing.

Singapore: Public Consultation on Proposed Amendments to Consumer Protection Safety Regulations
August 15, 2017, Lexology (Baker, McKenzie)
SPRING Singapore is currently seeking feedback on proposed amendments to the Consumer Protection (Safety Requirements) Regulations (CPSR) and the Standards, Productivity and Innovation Board (Conformity Assessment) Regulations (SPIBR).Under the CPSR, 45 categories of household goods and appliances have to meet specific safety standards and obtain a safety mark from SPRING before they can be sold in Singapore. These are known as Controlled Goods under the CPSR.

New Zealand: Consumer watchdog calls for more investigations into unsafe products
August 17, 2017, Stuff.com
Appliances, toys and power chargers were the three most common household products to be the subject of New Zealand government safety alerts over the past three years. However, a consumer watchdog says more investigations are needed to locate dangerous or dodgy goods missed by public recalls.

 

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

In the News: August 21, 2017

The Spotlight on Fidget Spinners: 

>The Rise of the Fidget Spinner and the Fall of the Well-Managed Fad
August 15, 2017, The New York Times
This spring, when Christine Osborne started getting phone calls about a new playground must-have — the fidget spinner — she was apprehensive instead of excited. A successful toy store owner, she has seen toy fads fast growing appeal spread like wild fire before with Beanie Babbies. ‘‘Everything is different now,’’ Osborne said. ‘‘My goal was to get in and get out as fast as I could.’’ Now, she’s moving on to the next fad “squishies’’ — squishable toys that are also (questionably) marketed as attention aids. She thinks the new fad will last at least a few months.

>CPSC: Fidget Spinner Business Guidance
August, 2017, cpsc.gov
What is a fidget spinner? What requirements must the product meet, and what certification is required for manufacturers and importers of this product? The CPSC has set up a business information center to provide guidance to businesses handling this latest toy fad.

>CPSC Blogger: Fidget Spinner Safety
August 10, 2017, cpsc.gov/blog
Fidget spinners have become extremely popular with people of all ages, including young children. Fidget spinners are typically designed with a center bearing with weights around the perimeter and are spun in a person’s hand. There are many different kinds of fidget spinners available in stores and online. In light of reported incidents with fidget spinners, the U.S. Consumer Product Safety Commission (CPSC) offers some safety tips.

 

Prop 65 Strategies for 2018: Product safety group webinar focus on compliance and audit methods
August, 2017, Society of Product Safety Professionals
A California law firm weighs in on new developments under California’s Proposition 65 and how they apply to individual companies. Viewers of this free webinar from Society of Product Safety Professionals, in cooperation with Saint Louis University’s Emerson Leadership Institute, will also learn about proven approaches to develop and implement effective compliance strategies

Impact of the FOIA Amendments on your company
August 11, 2017, JDSupra, (Miles & Stockbridge P.C.)
The new FOIA Improvement Act of 2016, which was signed into law on June 30, 2016, will impact disclosure of documents in the possession of the CPSC pursuant to FOIA Requests. Because most FOIA Requests come from plaintiffs’ law firms, companies are most likely to receive multiple FOIA Requests in connection with CPSC Recall Files as well as Epidemiologic Investigation Reports, Consumer Product Incident Reports and Internet Form Complaints relating to recalled or frequently litigated products.

Perspective: Recalls happen. Now what?
August 14, 2017, Quality Assurance Magazine
Since the Food Safety Modernization Act became a law in 2011, FDA does not have to wait for a company to initiate a voluntary recall. Rather, it now has the authority to require food manufacturers to recall products if there is credible evidence to believe that the food presents a threat of serious adverse health consequences or death to humans or animals. Understanding the individual elements that comprise an effective product recall program is to every company’s benefit.

Trump’s EPA May Be Weakening Chemical Safety Law
August 16, 2017, Scientific American
The Environmental Protection Agency (EPA) has released controversial new rules for evaluating a chemical’s risk. One of the most controversial parts of the framework is how the EPA changed a key term known as the “conditions of use.” It defines which applications of a chemical the EPA will examine in risk evaluations.  Environmental advocates and the new leadership at the EPA do not agree on how to interpret this term.

India: Gov’t aims to protect consumer, plans regulator for direct selling cos
August 16, 2017, Business Standard
The Consumer Protection Bill of 2015, which replaces India’s Consumer Protection Act of 1986, seeks to widen the ambit and proposes to set up an executive agency to be known as the Central Consumer Protection Authority (CCPA). The CCPA seeks to promote, protect and enforce the rights of consumers, intervene when necessary to prevent consumer detriment arising from unfair trade practices and initiate class action including enforcing refunds, and the recall and return of products. The CCPA seems to fill an institutional void in the current regulatory regime.

Feedback wanted on proposed changes to product safety regulations
August 14, 2017, Channel NewsAsia
SPRING Singapore is seeking public feedback on proposed changes to product safety regulations. These amendments to the Consumer Protection (Safety Requirements) Regulations (CPSR) and the Standards, Productivity and Innovation Board (Conformity Assessment) Regulations (SPIBR) are meant to ensure that these regulations take into account new products and technologies in the market. Under the CPSR, certain categories of household goods and appliances have to meet specific safety standards and get a safety mark from SPRING before they can be sold in Singapore. Proposed changes to the CPSR include broadening the scope of product categories and removing outdated products from categories.

Learning from the Grenfell Tower Tragedy
August 8, 2017, voltimum.co.uk
The tragedy of the Grenfell Tower fire highlighted the deep issues faced by social housing in the UK and sparked an outcry of discussion. This, coupled with the fact that the tower had been blighted with electrical issues for many years, raises serious concerns about the state of electrical safety in rented housing across the UK. NAPIT have long campaigned for electrical safety and are intent on raising awareness by outlining key ways of ensuring electrical safety in order to prevent future disasters.

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

In the News: August 14, 2017

CPSC warns public on fidget spinner risks
August 10, 2017, cpsc.gov
As the Consumer Product Safety Commission investigates some reported incidents associated with the popular product, Chairman-designate Ann Marie Buerkle warns fidget spinner users or potential buyers to take precautions. She advises that parents or caregivers keep them from small children as the plastic and metal spinners can break and release small pieces that can be a choking hazard. She advised that older children should not put fidget spinners in their mouths. The agency has established a fidget spinner information center in light of the growing number of incidents being reported.

Feds might force table-saw makers to adopt radically safer technology
August 10, 2017 Arstechnica.com
The Consumer Product Safety Commission is considering whether to make physicist Stephen Gass’ technology a mandatory standard in the table-saw industry. Technology that Gass invented in 1999 gives his blade a slight electric charge, so that his saw is able to detect contact with a human hand and stop spinning in a few milliseconds. In 2015, 4,700 people lost a finger due to table-saw accidents. The CPSC Commissioners approved a Notice of Proposed Rulemaking in April to consider a mandatory standard for the table saw industry.

NY Companies banned from selling toys, Feds cite lead, other dangers
August 4, 2017, NBC 4-New York
Federals prosecutors have banned several New York City-based companies from importing and selling toys and children’s products deemed dangerous. The products imported via the Ports of Newark/New York and Los Angeles/Long Beach had lead, phthalates and small parts posing a choking hazard for young children, the Department of Justice says,

Cape FD: Hoverboard’s lithium battery to blame for fire that shut down mall
August 7, 2017, Southeast Missourian
A hoverboard fire at a mall in Southeast Missouri was caused by a lithium battery inside the hoverboard overheating and catching fire, according to a Cape Girardeau Fire Department report. The incident caused $4,000 of light smoke damage to West Park Mall, according to the report. It also caused the mall to shut down during one of the year’s busiest shopping days — the Saturday during the back-to-school state sales tax holiday weekend.

Product Safety Professionals presenting Prop 65 webinar by national expert
August 9, 2017, Society of Product Safety Professionals
The Society of Product Safety Professionals, in cooperation with Saint Louis University’s Emerson Leadership Institute, convenes a free webinar on August 29 at 12 Noon EDT: “Proposition 65: Old Challenges, New Developments, and Compliance Strategies for Product Manufacturers, Distributors and Retailers.”   In 1986, California enacted Proposition 65 requiring warnings about potential exposures to chemicals in products. Reviewing the history of the regulation, and anticipated changes that will go into effect in 2018, regulatory attorney Peter Hsiao will share insights into compliance strategies. Hsiao is partner and head of the Environmental and Energy Group in Los Angeles for Morrison & Foerster, LLP, one of California’s oldest and largest law firms and nationally recognized experts in Proposition 65.

The Dangers of consumer products to Israelis children
August 7, 2017, Jerusalem Post
Israelis were exposed to an information initiative on product safety, highlight by CPSC Commissioner Marietta Robinson recent visit to that country. She provides context and background to Jerusalem Post readers on the U.S. approach to product safety as the world and consumers’ lives fill up with more and more consumer products, and the risk of being hurt by those that are badly designed, poorly made or carelessly used rises.

Vermont: Chemical oversight panel to be formed
August 9, 2017, Times Argus
Gov. Phil Scott signed an executive order Tuesday to create the Vermont Interagency Committee on Chemical Management, which will review chemical regulations and policies in Vermont. The committee created by executive order will look to ensure compliance with laws regulating chemical use in the state and try to reduce risks posed to Vermonters from the use or storage of unsafe chemicals. The committee “will incorporate the expertise of state agencies and outside experts who will participate in the citizen advisory panel,” according to Scott’s office.

 Court strikes down Montgomery County’s ban on lawn pesticides
August 3, 2017, Washington Post
A Montgomery Circuit Court judge on Thursday overturned the county’s ban on the use of cosmetic pesticides on lawns, dealing a major setback to environmental advocates who argued that chemicals in the products are unsafe. The judge claimed the ban would conflict with federal and Maryland state regulations that allow the use of the pesticides. The case was just one example of Maryland counties’ “insatiable appetite to tamper with existing state laws,” Judge Terrence McGann said.

Fair ride safety top of mind after deadly accident in Ohio
August 3, 2017, wsmv.com (NBC)
Ride safety is top of mind after a ride at the Ohio State Fair malfunctioned in July, killing an 18-year-old who had just enlisted in the Marines. Seven people were injured. The ride that came apart was known as the Fireball. It has since been banned in Tennessee and several other states. Tennessee law requires rides to be inspected once a year, but  inspections done in other states count,  even though rides are often torn down, moved, and set up over and over again without being re-inspected by a third party.

Local family campaigns for pool safety following close call
August 3, 2017, Sun Community News
A New York family’s summer swimming routine turned nightmarish when a 6-year-old child’s hair got sucked into an underwater intake unit in their backyard pool. The family later learned that the scenario could have been avoided due to recent changes in regulatory safeguards. A federal law passed in 2008 requires suction covers to be brought into compliance with new regulations. The Virginia Graeme Baker Pool and Spa Safety Act is named after Graeme Baker, a 7-year-old girl who drowned in June 2002 when the suction from a spa drain trapped her underwater.

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

In the News: August 7, 2017

Lumber Liquidators is profitable again after more than two years
August 1, 2017, USA Today
Shares of the flooring retailer spiked 32% recently after the company reported that it returned to profitability after more than two years of financial and operational problems. The Toano, Va.-based company, which operates 385 stores, spent $92.3 million in various expenses, higher than a year ago, as it continues to pay out legal fees and settlement expenses in connection with lawsuits and regulatory issues stemming from its China-made products.

Samsung steps up battery safety with ‘unprecedented’ test suites
Augusts 6, 2017, digitaljournal.com
Samsung has opened up about its failings with the Galaxy Note 7 and how it has responded to the crisis since the phone’s global recall. Company executives say Samsung is committed to greater transparency around battery safety. Samsung now follows an 8-point battery safety check for all its new devices.

Fidget spinner toys pose risk of serious injury, tests show
August 2, 2017, The Guardian
A sample of the plastic gadgets were tested by experts and failed basic toy safety standards, with some found to have edges sharp enough to puncture skin and even eyes. This has led to warnings about the popular toys by trading standards officers, as unscrupulous manufacturers seek to cash in on the phenomenon. Many are being sold cheaply on market stalls and at car boot sales

Joint Statement of CPSC Commissioners congratulating Ann Marie Buerkle on her nomination to be the next Chairman of the CPSC
July 25, 2017, cpsc.gov
Chairman–designate Buerkle’s Commission colleagues congratulate her and “look forward to continuing to work with soon-to-be Chairman Buerkle in the coming years.”

Commissioner Robinson: Journey for safety: data, consumer products, advanced technology & Israel
August 2, 2017, cpsc.gov
Reporting on her recent visit to Israel, Commissioner Marietta Robinson explains her goals for the trip:  (1) gathering information on improving data collection and analysis for consumer product incidents, injuries, and deaths; (2) educating those engrossed in the R&D economy about consumer product safety challenges to inspire solutions; (3) informing entrepreneurs from “The Start-up Nation” about the many possible consumer product safety consequences to new, innovative, and technologically advanced products; and (4) learning more about the Israeli standards development process.

California’s Prop 65: More form over substance
July 31, 2017, The National Law Review (Mintz, Levin)
Monsanto’s recent challenge on whether the state of California can list glyphosate, used in its popular weed-killer, on the state’s Proposition 65 list of chemicals known to cause cancer its popular weed-killer was unsuccessful in the trial court. Therefore, glyphosate is being added to the Proposition 65 list on July 7, 2017. The authors note that one take-away from the trial court’s decision and subsequent decisions is that: “Irrespective of any legitimate scientific debate whether a chemical actually causes cancer or birth defects or other reproductive harm, if the Office of Environmental Health Hazard Assessment process is followed, businesses will have to warn or else face the myriad enforcement issues created by Prop 65.”

Warning: New Proposition 65 Warning Regulations Taking Effect
August 2, 2017, Morrison & Foerster
A year from now, dramatic changes to California’s Proposition 65 warning regulations take full effect. The new regulations (formally published by the State in August 2016) significantly alter the “safe harbor” rules for providing Prop 65 warnings. Companies that have not yet started preparing for the implications of these new rules will need to do so before the new regulations go into full effect on August 30, 3018.

VW’s dieselgate woes mount as EU sends fraud report to prosecutors
August 1, 2017, Fortune
The EU anti-fraud office investigating whether Volkswagen used EU funds and European Investment Bank (EIB) loans to develop devices that cheated emission tests has sent its findings and recommendations to German prosecutors, in a move that could deepen its legal jeopardy.

Ohio requires state inspections of carnival rides — many states don’t
July 27, 2017, Cleveland.com
Ohio requires state inspections of carnival rides — many states don’t, according to a May 2016 oregonlive.com report.  Some states, like Alabama, had virtually no regulation, while others, like Texas, required third-party inspections.

As Trump denies science, California needs to step in
July 30, 2017, Sacramento Bee
Given the Trump administration’s adversity to science, U.S. Environmental Protection Agency director Scott Pruitt’s decision to allow the continued use of the pesticide chlorpyrifos seemed almost preordained. In March, Pruitt concluded that the science addressing the neurodevelopmental effects of chlorpyrifos are unresolved, and put off a decision until 2022. It was a reversal.

 

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