In the News: May 15, 2017

Company maintains light’s safety despite growing reports of fires
May 10, 2017, Fox8 News
The number of local reports of the Ever Brite solar-powered LED light spontaneously catching fire is growing, while the company behind the product maintains that it is safe. Other consumers have complained about the same thing happening with the product across the country. In the last year, at least five people have reported the problem to the U.S. Consumer Product Safety Commission.

California Proposition 65 settlement requires strict reformulation for cadmium necklaces
May 5, 2017, Open PR
A new California Proposition 65 (Prop 65) settlement agreement has been reached concerning the use of cadmium in necklaces. Agreed in March 2017, the settlement requires a reformulation of cadmium content to no more than 100 ppm. This is considerably lower than the 300 ppm previously agreed in a national, legally binding settlement concerning jewelry, concluded on March 22, 2011.

CPSC Commissioner Mohorovic on the Commission’s proposed mandatory rule regarding table saws
April 27, 2017, cpsc.gov
Commissioner Mohorovic explains why “unfortunately I was unable to join” in a decision to issue a Notice of Proposed Rulemaking to address blade-contact injuries among users of table saws. He notes that specific technology is available that can reduce risk in this instance. Where such factors exist, he notes “government should respect consumer choice and individual liberty, (and) allow consumers to decide for themselves what risks they will tolerate.

Risky residences: Latest recall trends show surge in household product incidents and injuries
May 9, 2017, PR News Wire
The Q1 2017 Recall Index from Stericycle ExpertSOLUTIONS found that while the number of consumer products recalled decreased compared to Q4 2016, products for the home and family posed disproportionate dangers. Just four household product categories accounted for more than 75 percent of all consumer products recalled: home furnishings/fixtureshousewarestoys, and child nursery equipment and supplies. At the same time, the risks of people falling, bleeding, or choking accounted for nearly 75 percent of the top hazards reported.

Our View: Take a step back on rubber mulch
May 11, 2017, Duluth News Tribune
Now that estimates have come back at more than triple the originally talked-about cost, can the Duluth School Board please do right by taxpayers and take a step back on replacing rubber mulch on school playgrounds — at least until the science is there to tell us if the stuff is even a problem? Concerns about the soft play surface material started brewing around 2008. A number of studies quieted the controversy but never quite quelled it.

What parents need to know about the spike in child product safety recalls
May 9, 2017, JDSupra
A recent report published by Kids in Danger (KID), a non-profit group, indicates that child product safety recalls rose in 2016 over the previous year, peaking to its highest level since 2004. The analysis looked at data provided by the U.S. Consumer Product Safety Commission (CPSC) from 2016, revealing that companies pulled 66.8 million units of 76 child products from store shelves.

EU Council publishes directive on the safety of toys with lead
May 6, 2017, UL
The Council of the European Union has published a Council Directive (EU)  amending, for the purpose of adapting to technical progress, Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards lead on April 27, 2017. The Directive sets 3 limits for lead in toys, and comes into force May 18, 2017.

Bio-on bio plastic analyzed by Italian Toy Safety Institute to verify product safety for children
May 3, 2017, nasdaq.com
The Italian Toy Safety Institute(Istituto Italiano Sicurezza dei Giocattoli – IISG, a UL company) has run specific analyses on tested samples of Minerv Supertoys, the new type of PHAs bio plastic designed and developed by Bio-on for the toys of the future, and has issued its declaration of conformity. Like all the PHAs bio plastics developed by Bio-on, the special grade Minerv Supertoys is 100% natural and biodegradable.

China drafts list of substances restricted in consumer products
May 4, 2017, Chemical Watch
China’s National Consumer Product Safety Standardisation Technical Commission has consulted on a draft list of substance restrictions in consumer products.The list combines a number of existing Chinese standards and, where no domestic standard exists, it refers to restrictions based on EU and other foreign legislation. The draft – which is similar to the consumer restrictions set out in the EU’s REACH Annex XVII – includes 103 chemicals and proposes limit values for their use in consumer products such as toys, textiles, coatings, paints, decoration materials and furniture.

Product safety lowest in India among world’s top 4 markets, yet brand rules
May 10, 2017, Times of India
India has the highest proportion of people who are worried about the safety of consumer goods, especially children’s products and food items. This is because among the world’s top four consumer markets, including US, China and Germany , it is in India that consumers have suffered the highest number of product safety incidents in the last five years, with allergic reactions being the top issue, followed by cuts from sharp edges and food poisoning.

In Flint, overdue bills for unsafe water could lead to foreclosures
May 4, 2017, The New York Times
Following a water crisis that saw sky-high levels of lead contamination in Flint, Mich., many homes in the city still do not have access to safe tap water.But that doesn’t mean they’re not being charged for it. And if they can’t pay in time, they may lose their homes. The city has mailed 8,002 letters to residents in an effort to collect about $5.8 million in unpaid bills for water and sewer services.

 

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: May 8, 2017

Following fatal house fire, CPSC warns consumers to stop using LaZ Board hoverboards
May 1, 2017, cpsc.gov
The U.S. Consumer Product Safety Commission (CPSC) is urging consumers to immediately stop using LayZ Board self-balancing scooters (known as hoverboards). CPSC has evidence that LayZ Board was the hoverboard involved in the tragic fire on March 10, 2017, in Harrisburg, Pa., which took the lives of two young girls.  These hoverboards were manufactured in Shenzhen, China, and more than 3,000 units were imported into the United States.

Statement From US CPSC Acting Chairman Ann Marie Buerkle Regarding LayZ Board Hoverboards
May 1, 2017, cpsc.gov
Acting Chairman Buerkle speaks out on the LayZ Board hoverboard that was involved in the deadly fire in Harrisburg, Pennsylvania that claimed the lives of two young children. “The fire risk with this product is serious. Consumers should immediately stop using and stop charging the LayZ Board—it’s just not worth the risk to your safety and the safety of your family,” she tells consumers in a statement from the CPSC.

Statement of Commissioner Elliot F. Kaye regarding Petition 15-01 requesting rulemaking on residential elevators
April 25, 2017, cpsc.gov
On March 24, 2017, the Commission voted 4‐1 to accept CPSC staff’s recommendation to deny Petition 15‐01, which requests that the Commission issue a mandatory safety standard for residential elevators to address an entrapment hazard between the internal elevator car door and the external hoist way door. Commissioner Kaye explains that the Commission voted to deny the petition at this time because the newly updated voluntary standard for elevators and escalators, ASME A17.1‐2016, appears to adequately address the specific hazard that the petitioners are seeking to prevent.

Insight: Crib bumpers: The current regulatory picture
May 3, 2017, stinsonleonardnews.com
There are currently no federal regulations restricting or governing the use of crib bumpers. While there is also no proposed federal rulemaking regarding crib bumpers, regulatory action may be on the horizon. Both the juvenile products industry and consumer groups have recently advocated for regulation of these products.

Opinion: The right chemistry: Ubiquitous health warnings cry wolf
April 27, 2017, montrealgazette.com
Joe Schwarcz says that warnings have become ubiquitous as a result of California’s Proposition 65, a well-intentioned law that has gone haywire and has caused undue anxiety among consumers. Any substance that can cause cancer or reproductive problems under some condition is a candidate for being subject to regulation under Proposition 65. According to Schwarcz, who heads the McGill University Office of Science & Science, “the problem is that the law is based on hazard, not risk. Hazard is the innate property of a substance or process to do harm, while risk is a measure of the chance that harm will actually occur.”

No major surgery to ACL – but rehab likely. Release of the Final Report on the Australian Consumer Law
April 27, 2017, Lexology
In the first major check-up of the Australian Consumer Law (ACL) since its introduction, the finding is one of good health generally, though with some room for improvements. Consumer Affairs Australia and New Zealand (CAANZ) released its Final Report, proposing 22 changes intended to strengthen and clarify the operation of the law, and a program of research and policy development to future-proof it. More significant recommendations include a large increase in the maximum penalties for a breach of the ACL, strengthened rights to consumer guarantee remedies and the introduction of a new general obligation to ensure that products are safe before market entry.

China Craves Foreign Goods. Students in Australia Supply Them
May 2, 2017, New York Times
Zhang Yuan started her business as a college student in Australia’s mailing items back to her homeland in China, charging a bit of commission. Now, taking orders online, she sells mainly to health-conscious and well-to-do women and says she makes more than $300,000 a year. “The Chinese have always had blind adoration for foreign things,” said Ms. Zhang, 25. “So rather than paying for expensive, made-in-China products that might lack safety, why wouldn’t they buy high-quality Australian ones at lower prices?”

QCC Endorses first batch of quality partner programme affiliates
May 1, 2017, zawya.com
Abu Dhabi Quality and Conformity Council (QCC), the entity responsible for developing the quality infrastructure in the emirate, announced the endorsement of the first batch of affiliates of its Quality Partner Programme comprising applications from 63 commercial establishments in the emirate of Abu Dhabi. The initiative promotes voluntary compliance with the regulations concerning controlled products and legal measuring instruments.

EU weed-killer evidence ‘written by Monsanto’
May 4, 2017, euobserver.com
The EU’s conclusion that a potentially dangerous weed-killer was safe to sell was partially based on scientific evidence that was written or influenced by Monsanto, the manufacturer of the product, an investigation by EUobserver and Dutch magazine OneWorld has revealed. Earlier this year, a US court released a cache of hundreds of Monsanto’s internal emails that showed the firm’s involvement in at least two academic reports on glyphosate, sold under the trade name Roundup.

Texas Becomes 4th State to Launch Universal Baby Box University Program
May 1, 2017, pharmiweb.com
The Baby Box Co., the company behind the global initiative to equip parents with vital education and resources, announced that Texas will become the fourth and largest U.S. state to offer its families a free Baby Box program.

Facing pressure, more schools scramble to confront danger of lead in water
April 30, 2017, washingtonpost.com
Nearly two years after a water crisis in Flint, Mich., triggered renewed pressure for lead testing and remediation in schools across the country, many districts continue to stumble.
School systems throughout the country have wrestled with lead in water for decades, in part because of the intractable problem of lead-bearing fixtures and pipes in aging buildings. Crimped budgets and understaffed districts mean water testing seldom rises to a top priority.

 

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

In the News: May 1, 2017

CPSC Notice of Proposed Rulemaking: The Commission by a vote of 3-2 approved Publication of a Notice of Proposed Rulemaking for a Safety Standard Addressing Blade Contact Injuries on Table Saws.

Commissioner Statements:

Acting-Chair Ann Marie Buerkle (for the minority): Special technology for required performance in the proposed standard can result in a “blank check to monopolize the table saw market.” The majority refuses to wait for the results of a study underway before proposing a standard.

Commissioner Elliot Kaye (for the majority): The proposed standard could alleviate, and in most cases completely prevent the suffering of the tens of thousands of victims requiring emergency treatment annually. We are the “wrong agency” to arbitrate patent issues as part of rulemaking.

Playgrounds Shouldn’t Hurt: New CPSC playground equipment report
April 28, 2017, marketwatch.com
A new report released by the U.S. Consumer Product Safety Commission found that from 2009 to 2014, 1.5 million injuries associated with playground equipment were treated nationally in emergency departments. Nineteen of 34 fatal playground incidents investigated during this period were the result of hanging or asphyxiation.

Samsung in the news:

>Samsung’s Galaxy S8 hits stores; firm aims to move on from Note 7 recall
April 21, 2017, business standard.com
Samsung’s new Galaxy S8 went on sale in South Korea, as the world’s biggest smartphone maker seeks to move on from a disastrous handset recall and corruption scandal that has hammered its once stellar reputation. It is the first major launch for Samsung since last year’s humiliating withdraw of the Galaxy Note 7 over exploding batteries.

>Yet more Samsung trouble: Frustrated users report Galaxy S8s are restarting by themselves
April 28, 2017, dailymail.com
In the days since Samsung released its highly anticipated Galaxy S8 model, the devices have been plagued with problems, ranging from red-tinged displays to issues with the Bixby home button. Hundreds of owners have complained that their phone keeps restarting.

Safety giant UL awarded $1 million in hoverboard trademark row
April 21, 2017, law360.com (viewer restricted reading)
A California judge ruled that a hoverboard company willfully infringed the trademark of UL LLC and awarded the testing giant $1 million, calling the need for deterrence significant because the counterfeit use of UL’s mark influenced consumer understanding of their safety.

CPSC launches “Consumer Protection Safety All-Stars”: an educational and outreach program for kids
April 25, 2017, healthnewsdigest.com
CPSC has launched a new effort to teach kids in grades 3-7 (ages 8-12) how to identify hazardous products and the way recalls work. The educational outreach offers free materials and lesson plans to teachers and youth community leaders.

Government of Canada proposes new regulations for playpens
April 21, 2017, newswrite.ca
Health Canada has proposed to replace current requirements for playpens under the Canada Consumer Product Safety Act with new playpen regulations. The proposed regulations were developed to help address identified safety issues and align the majority of the Canadian requirements with those in the U.S.

Peterborough Trading Standards Whirlpool fire safety alert should be “watershed” for product recalls, MPs told
April 27, 2017, peterboroughtoday.co.uk
A Whirlpool safety alert prompted by the Standards organization should be a catalyst for a “proper” recall system in the UK, according to Labour MP Andy Slaughter. There are potentially 3 million dryers “still out there” that were subject to the safety notice about a fire risk caused by excess fluff coming into contact with the heating element. Whirlpool did not issue a product recall earlier, advising that the machines were safe to use providing they were not left unattended.

Faster, Higher, Farther: The Volkswagen Scandal is the title of the first book about company’s wrongdoings with its diesel engines
April 23, 2017, autoevolution.com
The book, written by New York Times reporter Jack Ewing, reportedly reveals the name of the whistle-blower who notified authorities that the corporation was lying to cover up a diesel emissions cheating scheme. According to Automotive News, whose editors received a review copy of the book from publisher W.W. Norton & Co., the name of the whistle-blower is Stuart Johnson. A movie is expected to be made about the Wolfsburg-based company based on the fraud.

3 years later, the Flint water crisis has changed how other cities deal with infrastructure
April 25, 2017, michicganradio.org
Three years ago the city of Flint switched to the Flint River for its drinking water.   We all know how that story goes. According to David LaFrance, the CEO of the American Water Works Association, “the events that have happened in Flint have prioritized things for many of the communities; well, all of the communities we work with.”

 

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

In the News: April 24, 2017

California Proposition 65’s increase in settlements on phthalates in certain consumer products
April 17, 2017, military-technologies.net
In recent months, there has been an increase in the number of California Proposition 65 settlements concerning phthalates in consumer products. These settlements require the manufacturer to reformulate, although in some instances a Prop. 65 warning is accepted. Products affected include crimpers with vinyl grips, cup hooks, vinyl coated utility hooks, and gloves. Phthalates on the Prop 65 list include seven chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm.

How Samsung will test its new Galaxy devices
April 22, 2017, letsgodigital.org
A senior Samsung official in the company’s Reliability Group for their mobile communications business explains how they test Galaxy devices to achieve the “highest product safety.” Improvements include the device’s battery design at both the software and hardware levels, new and enhanced multi-layer safety measures and protocol at the product planning stage.

CPSC Notice of Proposed Rulemaking (NPR) for Infant Inclined sleep products safety standard
March 22, 2017, cpsc.gov
The CPSC  proposal is to clarify that infant inclined sleep products fall within the category of ‘durable infant or toddler products,’ subject to CPSC’s consumer registration requirements. The NPR would incorporate by reference the most recent voluntary standard developed by ASTM International, ASTM F3118-17, Standard Consumer Safety Specification for Infant Inclined Sleep Products, with a modification to the ‘accessory’ definition in the standard.

Vermont and other states consider chemical monitoring bills
March, 2017, wileyrein.com
A bill introduced in the Vermont State Legislature, HB 268, would amend the Vermont State Toxics Use Reduction and Hazardous Waste Program to build upon the state’s current reporting requirements for 66 chemicals in children’s products and expand the program to a broad range of other consumer products. The enactment of TSCA reform at the federal level does not preempt reporting requirements such as the one proposed in Vermont.

New certification for safer chemicals in textiles
April 19, 2017, csrwire.com
Clean Production Action (CPA) launched a new certification program they claim helps meet industry demand for safer chemicals in manufacturing and communicating the use of those chemicals across supply chains. The program builds on GreenScreen®, a tool for chemical hazard assessment.

California approves Prop 65 MADL for ethylene-glycol
April 15, 2017, The National Law Review (Keller Heckman)
California’s Office of Administrative Law approved a Maximum Allowable Dose Level (MADL) for ethylene glycol (ingested) of 8,700 (oral) micrograms per day, the same MADL proposed by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment in April of last year. Ethylene Glycol was added to the list of chemicals known to the state of California to cause reproductive toxicity under Prop. 65 on June 19, 2015.

Bigger penalties and stronger consumer refund rights proposed in Australian consumer law review
April 19, 2017, Sidney Morning Herald
Under legislative changes proposed in the Australian Consumer Law Review: Final Report, maximum financial penalties would be increased from $1.1 million to at least $10 million per breach. “We’ve been pushing for greater penalties because they have to be of a size that will have an impact and not simply be seen as a cost of doing business,” said Australian Competition and Consumer Commission chairman Rod Sims.

Canadian Agency: Glyphosate levels “not a safety issue”
April 20, 2017, The Western Producer
The Canadian Food Inspection Agency (CRIA) released a report on glyphosate residues in food. Thirty percent of Canadian food samples were found to have glyphosates, the active ingredient used in Monsanto’s popular weed-killer Roundup. “Over 98 percent of our samples didn’t have glyphosate residues above the MRLs (maximum residue limits). And even within those (over the limit), none of them posed a health and safety risk,” according to Aline Dimitri, the CRIA’s deputy chief food safety officer and executive director, who went on to say that Canadians don’t need to worry about glyphosate in food.

VW’s Criminal case ends, but not without at scolding
April 20, 2017, The New York Times
The criminal case against Volkswagen for its decade-long scheme to cheat on diesel emissions tests ended with a scolding, an apology and $4.3 billion in penalties. The judge hearing the case in Federal District Court in Michigan chastised the automaker for “deliberate and massive fraud.” The judge, Sean Cox, appointed an outside monitor, attorney Larry D. Thompson, a former deputy United States attorney general, to oversee Volkswagen’s compliance with ethics and regulatory measures for a probation period of 3 years.

 Manufacturers risk jail term for using goods in campaign
April 20, 2017, businessdailyafrica.com
The Kenya Bureau of Standards has said it will crack down on manufacturers portraying political campaign materials on their products, adding that offenders risk a Sh1 million fine. The law stipulates that the name of the products, date of manufacture, expiry data, handing requirements and active ingredient information must be indelibly and legibly displayed on the goods.

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: April 17, 2017

Viking range agrees to pay $4.65 million civil penalty for failure to report defective gas ranges
April 13, 2017, msnewsnow.com
The U.S. Consumer Product Safety Commission (CPSC) announced that Viking Range, LLC, of Greenwood, Mississippi, and Viking’s parent firm, The Middleby Corporation, of Elgin, Illinois (collectively “Viking”), have agreed to pay a $4.65 million civil penalty. The civil penalty settles charges that Viking failed to immediately report to CPSC that its gas ranges contained a defect that could create a substantial product hazard or that the ranges created an unreasonable risk of serious injury. Between 2008 and 2014, Viking received 170 incident reports of ranges that had turned on spontaneously and could not be turned off using the control knobs, resulting in extreme surface temperatures that posed a burn hazard to consumers.

Should Apple repair your broken phone?
April 14, 2017, news.com/au
APPLE is facing court action over allegedly refusing to repair iPhones under warranty. At issue is that some companies believe that damage to its product can only be repaired by its manufacturer, lest a consumer surrender the device’s warranty. The Australian Competition and Consumer Commission (ACCC) is disputing this view in court as it takes on Apple over claims it unfairly denied customers iPhone and iPad repairs. The consumer watchdog contends that consumers have the right to choose their own phone repairer and keep their warranty.

Trump administration issues guidance on “two for one” reduction in regulations
April 12, 2017, National Law Review (Foley & Lardner LLP)
New guidance from the Trump administration clarifies the original Executive Order 13771, “Reducing Regulations and Controlling Regulatory Costs”. The guidance set forth applies to a “significant regulatory action” or “significant guidance document” with costs greater than zero, but does not cover legal advisory opinions or other types of internal or investigatory documents.

Target joins the Toy Industry Association
April 12, 2017, toynews-online.biz
Top US retailer Target has joined the Toy Industry Association, an action made possible by a 2011 amendment to TIA by-laws to allow retailers, licensors, inventors, and independent sales representatives to join the Association as full regular members. It was announced that Don Asleson, senior compliance analyst at the retailer, will join TIA’s federal, state, and safety standards/technical committees.

Productivity Commission releases final report on Australian Consumer Law review
April 11, 2017, Sydney Morning Herald
Discrepancies in product safety matters between states and the federally-empowered Australian Competition and Consumer Commission won’t occur in the future if a key recommendation by the country’s Productivity Commission is adopted. The recommendation that “the state and ACT government should relinquish their powers to impose compulsory recalls or interim bans,” is just one of 4 outlined in the Commission’s final report on the Australian Consumer Law.

California’s New Prop. 65 Warning Regulations Put Primary Burden for Providing Warning on Manufacturers
April 11, 2017, jdsupra.com (Bryan Cave)
New warning regulations covering companies that do business in California and whose products may contain harmful chemicals will take affect August 30, 2018, according the state’s Office of Environmental Health Hazard Assessment (OEHHA). Prop. 65 was passed by California voters in 1986 as a prohibition against discharging harmful chemicals into drinking water. OEHHA maintains a list of chemicals known by the state to cause cancer that has grown to over 800 naturally occurring and synthetic chemicals. The new regulations cover a variety of areas including advance notices of Proposition 65 actions, safe harbor levels, retailer responsibility for certain knowledge not acted upon, and required language for certain warnings.

Editorial: Save the U.S. Chemical Safety Board
April 5, 2017, Chemical Processing
A group that plays a crucial role in investigating chemical accidents and then sharing its findings and insights with industry to avoid their recurrence, would lose its funding under the 2018 Federal Budget released by the Trump Administration in March. Yet leading chemical companies, industry groups and professional associations have remained surprisingly silent about the potential defunding of the Chemical Safety Board.

Toddler Monitor Creates a New Category for Child Safety
April 11, 2017, SFGate.com
Toddler Monitor is a motion-sensor device designed to alert a parent if their toddler has left their bedroom or safe space. You simply hang the device on a doorknob and activate it from a smartphone. The start-up was founded by two Calgary, Canada moms and management consultants who acted upon their own need to monitor the movements of their toddler-aged children, but finding nothing on the market that met their needs.

Two-year-old girl from Derby left fighting for her life after swallowing tiny battery
April 10, 2017, Derby Telegraph
A two-year old girl from Derby, England was left fighting for her life after accidentally swallowing a lithium “button” battery. Now her mother wants to warn other parents about the dangers of the batteries.

Editorial: Maybe just pull those dandelions by hand
April 10, 2017, Sacramento Bee
In California, more than 10 million pounds of glyphosate, the key ingredient in Monsanto’s popular weed-killer Roundup, are applied to more than 5 million acres every year. Now Monsanto faces the challenge of demonstrating in a court proceeding that its product does not cause cancer and should not be listed on the state’s Proposition 65 list of chemicals know to the State of California to cause cancer. Evidence that the company may have paid academics to sign off on research ghostwritten by Monsanto has added to the burdens that the agricultural giant must overcome in order to prevail in the legal proceedings.

 

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: April 10, 2017

Safety group highlights recalls of children’s products in 2016
April 3, 2017, abc7chicago.com
The number of recalls of children’s product has increased, hitting the highest level since 2004, with 2016 showing a 12% increase alone. However, while praising the report which was issued by Kids in Danger, CPSC Acting Chairman Ann Marie Buerkle noted that classification of products was of “concern” through such references as a “clothing storage unit” being classified by the report to be a “children’s product.”

Arkansas mother shares tragic story to promote safety in national campaign
April 5, 2017, kait8.com (ABC)
The tragic loss of a 2-year old daughter to a TV tip over has led an Arkansas mother to share her story in order to promote safety in a national campaign.   The campaign, “Anchor It” was launched by the U.S. Consumer Product Safety Commission to alert parents and caregivers to the dangers of tip overs of furniture and televisions.

CPSC Safety Academy: Best Practices for Companies
cpsc.gov
Building safety into product design, developing a high performing and qualified supply chain, and being aware and knowledgable of the business and regulatory environment are some of the essentials for reducing risk and developing products that do not pose an unreasonable risk of injury or death. A list of best practices and suggestions by the U.S. Consumer Product Safety Commission are offered through the agency’s Safety Academy by the CPSC Small Business Ombudsman.

Frustrations rise over millions of recalled dehumidifiers
April 4, 2017 WHTR (nbc)
Five months after a massive recall involving 3.5 million dehumidifiers that caused fires and millions of dollars in damage are still waiting for a replacement unit promised under terms of the recall. One consumer, who found his eight week promised replacement unit delivery time turn into twelve weeks, complained on air to a local television station that aired his grievance. His unit arrived shortly after.

Apparel and textiles rank third on EU product safety list
March 31, 2017,  just-style.com
Apparel and textiles were the third-highest product category posing a risk to health and safety of European consumers last year, with China ranking as the number one offending country of origin. The figures are contained in an annual update of notifications under the Rapid Alert System (RAPEX). Toys remain the most notified category, followed by motor vehicles, while clothing, textiles and fashion items slipped from second to third place in the listing with 266 notifications, or 13% of the total.

CALIFORNIA:

>Proposition 65 reformulation of DEHP in consumer products
April 5, 2017, 4-traders.com
A number of Proposition 65 settlements involving DEHP, also known as bis(2-ethylexyl) phthalate, have been reached for a wide variety of products. Since the second half of 2016, alone, there have been a number of Prop 65 settlements requiring the reformulation of DEHP and/or a Prop 65 warning label in a wide variety of products.

>California adds new priority consumer product for Green Chemistry regulation
April 6, 2017, Morrison-Foerster
California’s Safer Consumer Products regulations, also known as the Green Chemistry Initiative has included Spray Polyurethane Foam (SPF) Systems , used for insulation, roofing or sealants. This is the second priority product proposed for listing, following the inclusion of children’s foam-padded sleeping products with fire retardants.

Government to start Internet safety programme with Google
April 7, 2017, indiatvnews.com
India’s Food and Consumer Affairs agency has collaborated with Google India for raising awareness about internet safety among consumers. The digital initiatives include databases and transparency portals and grievance redressal mechanisms. A mobile application has been introduce for registering complaints in the National Consumer Helpline and web chat facilities have also been introduced.

Culture changes at VW may take time, HR chief says
March 30, 2017, reuters
Creating a new era of accountability at Volkswagen after its emissions scandal may take tike, as it requires radical changes to the German carmaker’s decades-old corporate structure, according to their Human Resource director. Some investors think the task is made harder by a tightly-knit ownership dominated by the company’s founding families and home state of lower Saxony.

Poland: Tougher controls of product safety
April 3, 3017, Lexology (Eversheds Sutherland International LLC)
Poland’s Office of Competition and Consumer Protection (UOKiK) is the watch dog for compliance with consumers’ rights, monitoring products for their adherence to basic requirements. In 2015, at the agency’s request, trade inspectors conducted 15,825 inspections of products, including knitwear, toys, beds, garden furniture, and children’s eating utensils.

 

 

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: April 3, 2017

CPSC Publishes new federal safety standard for infant bath tubs
March 31, 2017, Federal Register Notice (CPSC)
The U. S. Consumer Product Safety Commission has approved a new mandatory federal standard intended to improve the safety of infant bath tubs and prevent drowning. The new standard incorporates the most recent voluntary standard developed by ASTM International (ASTM F2670-17), Standard Consumer Safety Specifications for Infant Bath Tubs. Between January 2004 and August 2015 there were 247 incidents reported to the CPSC involving infant tubs, including 31 fatalities.

Samsung may bring back its fire-plagued Galaxy Note 7
March 28, 2017, The New York Times
The star-crossed Samsung Galaxy Note 7, whose fires prompted an unprecedented array of issues and cost to the company, may be headed back to consumers. Samsung announced that it might sell refurbished versions of the phone, though there has been no decision about in which countries the device may be sold.

Samsung hardly mentions battery safety in new phones
March 29, 2017, itweb.co.za (Reuters)
While Samsung has taken aggressive steps to design out the hazards that led to the collapse of its fire-prone Note 7 smartphones, there is little mention of safety of its new S8 smartphones now being launched. There is an eight-point safety check protocol that includes x-raying the batteries, which were the cause of fires experienced by the Note 7, resulting in the unprecedented measures and expense for Samsung.

Glyphosate to be added to Proposition 65 list of chemicals
March 28, 2017, oehha.ca.gov
Though still surrounded by litigation, glyphosate, the active ingredient of Monsanto’s Roundup® and many other weed killers, is being added to California’s Proposition 65 list of chemicals known to the State of California to cause cancer. The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) says that the effective date of the listing will depend on the outcome of a request for a stay in the Fresno County Superior Court case Monsanto v. OEHHA, which challenges the agency’s ability to list the chemical.

New York State Legislature consider 6 bills affecting consumer products
March 30, 2017, asianinspection.com
The New York State Legislature is now considering 6 different legislative proposals covering such issues as phthalates in the sale of toys and children’s products and placement of warnings on certain lithium batteries and products containing such batteries. There are also proposals to prohibit the sale of certain jewelry products that contain small magnets, and to prohibit the sale of any toy containing bisphenol A and the sale of any food and beverage container containing bisphenol A designed for use by children 3 years of age or younger.

Anti-counterfeiting market analysis by product, forensic, track and trace, and applications (pharmaceutical and clothing), 2014-2025 expected to reach $184 billion
March 29, 2017, pharmiweb.com
The global anti-counterfeit packaging market is expected to reach $184.87 billion by 2025 according to one market report by a research company. The industry in North America is estimated to grow at over 33% of the global market due to high demand by industries such as pharmaceuticals, apparels, and food and beverage in the U.S. and Canada.

Nearly one-third consumers are not registering new electrical appliances
March 27, 2017, voltimum.co.uk
A research study by a UK consumer group reports that nearly one-half of consumers are not registering new electrical appliances. This despite the fact that a number of high profile safety alerts and product recalls were among the 2016 recall notices that were issued in 2016. The group, Electrical Safety First, is urging consumers to be aware of registration as an essential step when purchasing an electrical product.

German watchdog sued for being too soft on VW over emissions cheating
March 24, 2017, businesslieve.co.za
VW has faced billions of dollars of fines in the U.S. but its costs in Europe have been much lower—and critics say governments may be bowing to lobbying pressure. One German environmental group has filed suit against German motor authority KBA, accusing it of failing to act robustly enough over Volkswagen’s diesel emissions scandal.

Flame retardant chemicals market rises with attention to safety from hazards
March 23, 2017, globenewswire.com
With estimates that the focus on safety regulations could expand usage, the market for flame retardant chemicals is expected to rise in a variety of geographic centers and specifically in China and the U.S. This report by a market analysis firm estimates that a large demand will come from engineering and construction centers in such end application sectors as electronics and electrical devices, building and construction materials, furnishings, transportation and others. The report covers the period 2017-2022.

UAE: New safety regulations for hoverboards, drones, and e-transport devices
March 28, 2017, emirates247.com
With electronic personal transport devices flooding the Middle East, new and updated standards are establishing a baseline of expectations for their safe use and shipment. Hoverboards, drones, electric bikes and other forms of transport have become hugely popular, prompting UL, a global safety science firm, to urge caution and awareness, along with new global safety standards that will minimize risk and keep end users safe.

 

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: March 27, 2017

Trump’s deregulatory push hits a snag at Product Safety Commission
March 20, 2017, The National Law Journal
Republican commissioner Ann Marie Buerkle is the CPSC’s new acting leader, while Democrats still hold a majority. The reason is that Elliot Kaye, the CPSC Chairman under President Obama, chose to stay on at the agency in a commissioner role, while most agency heads in the federal government choose to resign and the incoming administration can then appoint new leadership.

CPSC to consider new magnet set safety standards following 10th Circuit decision in Zen Magnets
March 21, 2017, Morrison Foerster
On March 1, 2017 CPSC met and unanimously approved removing the Magnet Sets Safety Standard from the Code of Federal Regulations. On a separate motion, the Commissioners split 3-2 along partisan lines in favor of revising rule making for magnet sets. This decision follows the U.S. Court of Appeals for the Tenth Circuit’s November 2016 decision to vacate and remand to the Commissioner its earlier standard that effectively banned high powered, small, rare earth magnet sets.

California Proposition 65 settlement agreement reached for BPA in polycarbonate dish ware
March 17, 2017, openpr.com
A California Proposition 65 settlement agreement has been reached concerning the reformulation of bisphenol A (BPA) in polycarbonate dish ware. The agreement involves several consumer products, including polycarbonate wine glasses, which must now contain BPA to a level of less than or equal to 1000 ppm. The settlement also allows for a Prop 65 warning to be used as an alternative.

TSCA implementation remains on target
March 22, 2017, Chemical Processing
Implementation of the newly amended Toxic Substance Control Act (TSCA) signed into law last June is in full swing. The Environmental Protection Agency is on target with its statutory obligation to promulgate 3 “framework rules” by June, 2017: 1) TSCA inventory notification, 2) prioritization procedures, and 3) risk evaluation process.

Regulatory Freeze: Where do we stand now?
March 23, 2017, National Law Review (Squire Patton Boggs, LLC)
A review of President Trump’s various executive orders and related executive branch guidance concerning the regulatory freeze and reform shows why there might be a delay in actions along these lines. The 5th and most recent regulatory document released on February 23, 2017 (Executive Order # 13777) orders the creation of regulatory reform task forces within each agency.

Consumer attitudes on disruptive technologies and their impact on future retail experiences
March 24, 2017, finchannel.com
Insights from Oracle Retail 2025 study highlight that consumers are most willing to engage brands with new technology if they feel they are in control. The Retail 2025 Report results provide a benchmark for where consumers are on the retail technology adoption lifecycle and the impact on retail in the next eight years. The Retail 2025 Report polled 709 consumers in February 2017.

Was Monsanto involved in EU glyphosate study?
March 23, 2017, dw.com (Deutsche Welle)
While environmental organizations are accusing Monsanto of influencing the outcome of studies on glyphosate, the pesticide active ingredient in the company’s popular Roundup product, some EU agencies have said it poses no risk of cancer to humans. The diversity between opposing studies is unusual and one German officials says it’s time to base decisions on “scientific evaluation.” However, doubts have been raised over existing scientific studies, that have now become the core of the controversy.

Volkswagen executive remains jailed in emission cheating case
March 17, 2017, nbcnews.com (CNNmoney.com)
A VW official involved in the automaker’s emissions cheating scandal has been in U.S. custody since his January 7 arrest at Miami International Airport preparing to return home in Germany following a vacation in the U.S. His attorney had warned his client that U.S. prosecutors said they would “not be offering safe passage”. He decided the trip here was worth the risk.

Presentation matters when seeking to compel arbitration on consumer class matters
March 24, 2017, The National Review (Polsinelli PC)
Recent opinions involving Samsung and Uber Technologies have reinforced earlier decisions and make it clear that businesses should consider presentation of the arbitration clause to their consumers, regardless of whether the business is selling its services or products in traditional packaging or electronically.

Savannah Dominick, 10-Year-Old, Dies From Fire Linked To Hoverboard Explosion
March 16, 2017, The Associated Press (huffingtonpost.ca)
A second child has died from a fire in Pennsylvania that fire officials blamed on an exploding hoverboard. The two deaths, if a follow-up investigation definitely links to the two wheeled battery-powered scooter, would be the first in the United States.

 

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

In the News: March 6, 2017

Acting Chairman Ann Marie Buerkle’s Speech at the 2017 International Consumer Product Health and Safety Organization
February 22, 2017, cpsc.gov
The new CPSC leader shares her vision and mission for the CPSC in remarks delivered at the annual symposium of the International Consumer Product Health and Safety Organization. “I have spent my life in advocacy. I believe this is where I am meant to be. This is critically important that we all work together to advance safe products,” she tells the group. “Our focus must remain on safety, data, and science.”

CPSC Acting Chair Buerkle Announces Top Priorities at Product Safety Conference
February 27, 2017, Lexology (Registration) (Crowell & Moring)
The Acting Chairman’s top 3 priorities include collaboration; a “balanced and reasonable approach” to product safety regulation; and promoting product safety education and awareness, through knowledge of the agency, to consumers and businesses. Her statement of priorities was announced at the 2017 ICPHSO symposium in Orlando, Florida.

Keurig settlement an expensive reminder about product defect reporting obligations
February 28, 2017, JDSupra (Robinson + Cole)
The Consumer Product Safety Commission (CPSC) recently announced a $5.8 million agreement with Keurig Green Mountain, Inc. settling claims that the company failed to report a product defect that posed an unreasonable risk of serious injury to consumers. Keurig received about 200 reports of incidents between 2010-2014, over half resulting in injury. Keurig didn’t begin investigating the defect until June, 2014, and did not submit a full report to the agency until the end of November 2014.

CPSC Commissioners’ Views:

>Statement of Chairman Elliot Kaye on the denial of termination of the rule making for recreational off-highway vehicles
January 27, 2017, cpsc.gov
On January 25, 2017, the Commission voted 3-2 to deny, at that point, termination of the rule making to promulgate a safety standard for recreational off-highway vehicles (ROVs). Two issues kept the Chairman from supporting termination, including a hangtag issue that Kaye described as “the linchpin in the first line of defense in the standards against injury or death. I am talking about rollover.”

>Statement of Commissioner Marietta S. Robinson on the vote on termination of rule making related to recreational off-highway vehicles
February 8, 2017, cpsc.gov
Commissioner Robinson’s decision to vote not to terminate rule making on recreational off-highway vehicles (ROVs) was based in part on the industry’s position in resisting “CPSC’s suggestions to achieve vehicle stability, handling, and occupant protection.” She says that CPSC is focused on “safety first,” while the ROV industry “would prefer a voluntary standard that manufacturers already meet or can easily meet, which lowers the cost of compliance.”

 Samsung Electronics creates office for product quality improvement
March 1, 2017, reuters.com
Tech giant Samsung has created an office of global product quality improvement as it tries to recover form costly failures of its Galaxy Note 7 smartphone. A Samsung leader has been appointed to oversee this effort in the company’s plan to rebuild consumer trust after being forced to end sales of the near $900 Note 7 phones in October 2017.

California proposes conforming amendments for temporary point-of-sale Prop 65 warning requirements for BPA exposure
February 28, 2017, National Law Review (Keller and Heckman LLP)
California’s Office of Environmental Health Hazard Assessment intends to repeal several sections of its Proposition 65 regulations, which were adopted under the emergency rule making temporarily allowing point-of-sale Prop 65 warnings for BPA exposures, because they are inconsistent with more recent amendments.

Opinion: Brexit versus the new globalization
February 27, 2017, japantimes.co.jp
As information and communication costs have spiraled down to near zero, and as information storage capacity has grown at an exponential rate, the pattern of production by the world’s manufacturing giants has become heavily internationalized and dispersed. One author analyzes that the change to a new kind of globalization has led to turbo-charged growth in the flow of know-how information packages, data, and services of all kinds, generating more wealth than all global goods trade. The UK, it turns out, may be well positioned to take advantage of this trend.

After Flint, Feds and some states speed up time for notifying public about lead contaminated water
February 27, 2017, governing.com
The nation’s public water utilities will have to tell their customers within 24 hours—rather than 60 days—if dangerous levels are detected in homes they service under a law Congress passed in response to the Flint water crisis. Two states, Michigan and Ohio, have already passed laws requiring faster notification.

Volkswagen executive pleads not guilty in emissions scandal
February 23, 2017, Detroit Free Press
Oliver Schmidt, accused of working with a group of Volkswagen executives over a period of years to develop, deploy, and conceal devices that enabled the German automaker to cheat on laboratory emissions tests, has pleaded ‘not guilty’ in federal court in Detroit. He is one of six Volkswagen executives indicted in January, one of whom pleaded guilty to one count of conspiracy to defraud the U.S. last fall.

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: February 20, 2017

Agency Announcement: Ann Marie Buerkle elevated to serve as Acting Chairman of the U.S. Consumer Product Safety Commission
February 10, 2017, cpsc.gov
A news release from the U.S, Consumer Product Safety Commission formally announced that Commissioner Ann Marie Buerkle was named Acting Chairman of the agency on February 9, 2017. Ms. Buerkle thanked Chairman Elliot Kaye for his service, and said “while we are experiencing a change in leadership, CPSC’s mission remains the same, and I look forward to continuing to work closely with all stakeholders in my new position.”

The current list under Proposition 65
January 27, 2017, oehha.ca.gov
The current Proposition 65 list is available on-line, as a PDF or Excel download, or through WestLaw, according to an announcement from California’s Office of Environmental Health Hazard Assessment. The Excel document also includes the listing mechanism for each chemical listing and the safe harbor level, if one has been adopted. Where available, some listings are accessible electronically.

New certification announced for consumer product professionals
February 20, 2017, Product Safety Letter
A new organization has announced the establishment of a certification program from consumer product safety professionals. The Society of Product Safety Professionals was organized by a group of graduates from Saint Louis University’s product safety management education program who wanted to expand on opportunities for professionals in the area of education and certification. The initial pilot certification examination is scheduled for December, 2017.

Switzerland updates toys ordinance to harmonize with European toy safety directive
February 17, 2017, satprnews.com
In December, 2016. Switzerland incorporated the latest requirements from the European Union’s Toy Safety Directive into its own toys ordinance. While Switzerland is not a member of the EU, it does follow many EU regulations. The latest requirements include the alignment of language, clarifying the list of products not considered as toys, clarifying the general requirements for chemicals, and various other restrictions.

Toshiba expands battery recall
February 10, 2017, itwire.com
Toshiba Australia has announced an extension of its global voluntary recall to replace the lithium-ion battery packs for some of its notebooks sold between June 2011 and September 2015. The batteries were also sold as replacements. Toshiba joins HP, Dell, Panasonic, Fujitsu, Lenovo, and Sony (at least) in recalling potentially faulty batteries.

Most experts recommend that kids under 16 shouldn’t use ATVs
February 9, 2017, claimsjournal.com
The Consumer Product Safety Commission reports that since 1982, more than 5,000 ATV-related deaths have been reported in the United States, with those age 16 or under having one of the highest injury rates. According to one insurance company, more than 105,000 ATV riders are injured each year, with an estimated 25 percent of all ATV injuries and deaths involving children.

Chemical trade group attacks cancer research agency
February 10, 2017, Chemical and Engineering News
A web-based campaign questions the credibility of World Health Organization agency’s cancer monographs. The American Chemistry Council, the United States chemical industry’s main trade group, has launched the “Campaign for Accuracy in Public Health Research” to attack the credibility of reports on chemicals from the International Agency for Research in Cancer.

Lead crisis in Pennsylvania school water brings class action
February 13, 2017, courthousenews.com
Water in a school district north of Pittsburgh is so heavily contaminated with lead and copper that a student suffered irreversible damage to her nervous system and the entire school is being tested, her parents say in a federal class action. The district is being sued, along with its former superintendent who resigned his position on February 5, 2017 “effective immediately.”

17.3 million homes at environmental risk
February 16, 2017, realtormag.org
A whopping 17.3 million single-family homes and condos, with a combined estimated market value of $4.9 trillion, fall in ZIP codes with high or very high risk of at least one of four environmental hazards. Those hazards include superfunds, brownfields, polluters, or poor air quality according to an index established by a data solutions company.

Ex-VW Chairman Piech refuses to testify in German emissions inquiry
February 12, 2017, channelnewsasia.com
Ex-Volkswagen chairman Ferdinand Piech, who resigned after a showdown with former chief executive Martin Winterkorn, has refused to testify to German lawmakers investigating a possible government’s role in the VW emissions scandal, according to his lawyer. Testimony he had given to a law firm and government prosecutors were “not directed at the public media” Piech’s attorney said.

 

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