Industry Coalition Takes Aim at Local Product Ingredient Law
April 20, Product Safety Letter
Preemption lawsuit filed by a group of industry associations, claiming that the local law differs from the federal approach in presence of toxic chemicals in some children products. Group includes TIA, JPMA, and AAFA noting the adoption of the ASTM F963 toy standard as mandatory via the CPSIA.
Toxic Toys Bill Clears Assembly as Industry Suit Moves Forward
April 23, 2015 Times Union
State measure requiring makers to disclose “priority chemicals” now heads to Senate. Products containing “priority chemicals” would be banned beginning in 2018.
Home Depot Says It Will Phase Out Chemical Used in Vinyl Flooring
April 22, 2015, The New York Times
Facing pressure from consumer groups, the retailers said it would discontinue use of ortho-phthalates by the end of the year. Charge part of company effort “to continually challenge our suppliers to develop new, innovative options for our customers.”
Three Important Proposition 65 Developments
April 17, 2015, Lexology
Court ruling on how Prop. 65 exposures to lead in foods can be assessed. OEHHA agency issues new warning regulations. And Legislature considers curbs on frivolous Prop. 65 law suits.
United States Files Suit against Michaels Stores Inc. for Failing to Report Serious Safety Hazard in Shattering Glass Vases
April 21, 2015, U.S. Department of Justice
DOJ and CPSC charge Michaels with “knowingly” violating the reporting requirements of the Consumer Product Safety Act, citing “permanent injuries to consumers.” Industry observer: Issue revolves around question of whether company was an importer, with higher reporting duties, rather than a distributor or retailer.
Manchin and Heller Seek to Loosen ROV Regulations
April 23, 2015, Logan Banner
Senators introduce RIDE legislation to head off new mandatory standards proposed by CPSC. State that proposed regulations could have “unintended consequences and limit the vehicles ability to access difficult terrain.
Time For Change – a New Era for Consumer Protection Law?
April 23, 2015, Lexology
New legislation proposes to reform the EU’s General Product Safety Directive. Calls for pan-European injury data base, focus on traceability, new market surveillance obligations for industry, and more information sharing among countries.
Gas Ovens Need EU Safety Rules, but Oven Gloves Do Not, say MEPs
April 24, 2015, European Parliament News
Carbon monoxide presence drives requirements for gas oven under new proposal. Regulations lay down common rules for placing on the market gas appliances, such as portable cookers or boilers, and personal protective equipment, such as life jackets, bicycle helmets or sunglasses. Gloves exempt unless labeled “protective.”
For Blue Bell, a Drastic Move to Recall Ice Cream as Listeria Findings Rose
April 21, 2015, The New York Times
Southwestern favorite recalled all of its frozen desserts over concern for the potentially deadly bacteria. Recall covers 20 states where the country’s third-largest ice cream brand is sold, and toll includes 3 deaths in Kansas and several illness.
Consumer Trust Helps Companies After Recalls
April 24, 2015, The Columbus Dispatch
Recall by Ohio ice cream company over possible listeria contamination demonstrates effort to maintain brand’s integrity, marketing executive says. “It’s not a public-relations moment. It’s a public-safety moment.”
ACCC’s National Consumer Congress
April 24, 2015, Lexocology
Focus on upcoming review of the Australian Consumer Law. Priorities include focus on product safety, increases to maximum penalties for breach of consumer protection provisions. Judicial commentary on inadequacy of current penalties “lends support” to the ACCC position.
