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.
