In the News: July 17, 2023

Senate Adds Language Blocking Gas Stove Ban To Appropriations Bill
July 14, 2023, The Hill
Language blocking a ban on gas stoves has been incorporated into a bipartisan Senate appropriations bill, giving it a significant chance to ultimately become law. A bill that would prevent the Consumer Product Safety Commission from banning the products was incorporated into a funding bill for “Financial Services and General Government”. Sen. Joe Manchin (D-W.Va.), who sponsored the gas stove amendment, celebrated its inclusion in the bill in a written statement. “It’s past time for Washington bureaucrats to stop overreaching and telling American families how to cook their dinner,” he said. 

Tesla’s $1,860 Toy Car Sparks Buying Frenzy In China; Recalled In U.S.
July 15, 2023, Business Times
On July 14, Tesla officially started selling the Cybersquad toy car on its Chinese website at a price of 11,990 yuan (around $1,860). By 2:30 p.m. the same day, the toy car was already listed as “out of stock” on Tesla’s China website. Notably, last year in the U.S. market, Tesla’s Cybersquad children’s electric vehicle was recalled by its manufacturer, RadioFlyer, for not complying with safety regulations. According to the Consumer Product Safety Commission and RadioFlyer, the Cybersquad was considered to meet the standards of a “youth all-terrain vehicle (ATV),” and thus needed to fulfill specific safety requirements. According to the CPSC and RadioFlyer, the RadioFlyer version of the Cybersquad did not meet the requirements.

In Uncertain Times, Embrace Imperfectionism
July 10, 2023, Harvard Business Review
Change is accelerating, with uncertainty and threat of disruption in every industry segment. The pace of change and rise of global winner-take-all competition means that conventional product-market-structure approaches to strategy, as well as core competencies thinking, are difficult to implement in practice and may yield misleading answers. Under today’s conditions, the authors argue that real-time problem solving should be the heart of strategy development rather than theoretical frameworks, and they present a framework for this approach.

Pool & Hot Tub Alliance Begins Revision Of PHTA-16 Standard
July 12, 2023, PoolMagazine
The Pool & Hot Tub Alliance (PHTA) has initiated the process of revising the ANSI/APSP/ICC-16 2017 American National Standard for Suction Outlet Fitting Assemblies (SOFA) for Use in Pools, Spas, and Hot Tubs. This standard is referred to as the drain cover standard under the Virginia Graeme Baker Pool and Spa Safety Act (VGBA). In adherence with the American National Standards Institute’s (ANSI) Essential RequirementsPHTA is ensuring timely review and potential revision of the entire standard. To this end, the PHTA-16 Standard Writing Committee (SWC) will convene regularly over the coming months to carefully review and evaluate possible revisions to the standard.

NYC GIG Workers Need Help Accessing Safe E-Bikes Amid Lithium Battery Fires
July14, 2023, TechCrunch+|
As the cost-of-living skyrockets and demand for food delivery via apps like Grubhub, DoorDash, Uber Eats and Relay Increase, delivery workers have to pick up and drop off orders at a much faster clip. This increased pressure comes as electric bikes, scooters and mopeds become more popular and accessible, making the jobs of delivery workers easier.  The downside? Fires caused by lithium-ion batteries are tearing through the city. And deliveristas are increasingly at risk of falling victim to such fires. Are UberEats, Grubhub, DoorDash and Relay responsible to help find solutions?

Recall Litigation Report: Consumer Lawsuit Alleges Electrolux Dehumidifier Caused Church Fire Years After Recall
July 12, 2023, Retail & Consumer Products Law Observer
In late May, an insurance company filed suit against Electrolux Home Products, Inc.  for property damages allegedly caused by a dehumidifier several years after that humidifier had been recalled. In the case, the Church Mutual Insurance Company sued Electrolux on behalf of its policyholder, Mount Zion Lutheran Church Krumsville. The church was seeking to recover over $1 million for smoke, fire, and water damage after a dehumidifier allegedly failed on April 4, 2022. The dehumidifier, which had been donated to the church at some unknown time, was recalled in November 2016.

Litigation Minute: Is PFAS Litigation Heating Up?
July 14, 2023, National Law Review
PFAS litigation is on the rise, but questions mount as to the science and motivation behind these cases. Per- and polyfluoroalkyl substances (PFAS) gained substantial marketplace acceptance for their ability to make products resistant to heat, oil, stains, grease, and water. More recently, PFAS products have attracted the attention of the plaintiffs’ bar—including those specializing in consumer litigation. The question arises whether alleged concern from claimed exposure to PFAS is an adequate basis to bring, and maintain, a class action lawsuit under most states’ consumer protection statutes.

Canada-Wide Safety Alert: Shower Head Due To Risk Of Electrocution
July 13, 2023, Vancouver Is Awesome
A shower head that heats water without needing a hot water supply may pose a risk of shock and electrocution to Canadians. Health Canada warns that the WMLBK Electric Shower Head Heater, which is sold as a “shower head capable of heating water without a hot water supply,” has been recalled due to a shock or electrocution hazard. “The affected product has electrical wiring and a heating element that is in close proximity to running water without appropriate protections, posing a shock and electrocution hazard,” according to the consumer recall notification. 

How To Build Consumer Trust In Your Data Privacy
July 14, 2023, Information Week
After a decade of big data being touted as the new new oil or even the new gold, it’s refreshing to see more businesses trying to reduce the amount of data they store. Companies are thankfully getting away from the packrat mentality; they now know that data comes with costs. It’s expensive to store data, and it’s easy to end up with a lot of low-quality data that is unreliable or can lead to poor decision-making. Data is also costly in a way few businesses are prepared to face: the reputational cost. This is because, for a long time, companies assumed customers just did not care about data privacy. Big tech ran roughshod over consumer data privacy and yet consumers kept flocking to the worst offenders, like Meta. But that’s no longer the case. Almost three-quarters of consumers care more about privacy than anything else.

Parliament Vote Boosts EU Green Product Rules, Leaves Out Online Sales
July 13, 2023, euractiv.com
The European Parliament voted to strengthen the EU’s draft Ecodesign for Sustainable Products Regulation (ESPR) but left out online sales from the scope of the regulation, to the disappointment of consumer groups and green advocates. The regulation, initially tabled by the European Commission in March last year, introduces obligations on manufacturers to increase the lifespan of products, by making things like spare parts and software updates more easily available to consumers. “It’s time to end the ‘take, make, dispose’ model which is so harmful to our planet, our health and our economy,” said Alessandra Moretti, Italian center-left MEP who is the Parliament’s speaker on the proposal. 

South African National Consumer Commission Recalls Over 50,000 “Unsafe” Ladders
July 13, 2023, Smile 90.4 FM
The National Consumer Commission recalled over 50,000 Mainstay and Terra Firma stepladders. This amid safety concerns by the South African National Standard (SANS). The NCC said in a statement that Massmart, the company that owns Makro and Game, informed them that they conducted a “comprehensive set of tests at the South African Bureau of Standards (SABS).” The results revealed that the ladders “did not comply with safety standards” required by SANS. The tests relate to “minimum material thickness and static load,” read the statement.

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