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.
