In the News: September 3, 2024

Analysis: 2024 CPSC And FDA Enforcement Trends
August 29, 2024, Foley & Lardner
CPSC civil penalties remain a priority. The CPSC remains committed to its enforcement agenda in 2024. Although it has only announced one new civil penalty agreement this fiscal year, the dollar amount is significant. The Commission has reiterated that this remedy is an essential tool for regulatory enforcement and this most recent penalty makes that message clear. The CSPC has shown a new appetite for pursuing litigation against companies that resist voluntary recalls or refuse to pay the sometimes steep penalties imposed by the Commission. Finally, the Commission continues to prioritize safety standards for certain product categories, including batteries, water beads, all-terrain vehicles, and infant and toddler products.

Analysis: CPSC Says Amazon Must Provide Notice And Action Plan To Address Hazardous Products
August 28, 2024, Arnold & Porter Consumer Products and Retail Navigator
On July 29, 2024, the Consumer Product Safety Commission issued a Decision and Order against Amazon.com, Inc., unanimously finding that Amazon was a “distributor” for purposes of the CPSA. Under the Order, Amazon would deliver the Proposed Notification Plan and Proposed Action Plan to Complaint Counsel, after which they would meet and confer, and Amazon would eventually file the plans with the Commission. Under the CPSA and the Administrative Procedure Act, Amazon has the right to judicial review in federal court. Such an action had not yet been filed, although Amazon’s request for a stay expressly stated that Amazon believes there are issues that are appropriate for judicial review and is at least contemplating seeking its day in court.

How To Craft A Memorable Message, According To Science
August 28, 2024, Harvard Business Review
Numerous research has shown that we forget much of what we experience in a day. Knowing this, how do you create messages so there is a better chance of people remembering them? The author uses concepts from memory science to help you craft messages — whether it’s a presentation, an email, or a speech — that will be likely to stick. One way to craft a memorable message is to chunk it up. Explicitly tie together the points that you want to convey under the umbrella of a central idea. With this approach, your listener can stitch the pieces together in a meaningful way and build a rich memory for that material.

European Product Recalls On Track To Reach A 10-Year High In 2024
August 28, 2024, Sedgwick Brand Protection
European product recalls surpassed 3,500 across five key sectors for the second consecutive quarter in Q2 2024 with 3,505 events. According to Sedgwick Brand Protection’s latest European Recall Index report, this marks the fifth consecutive quarter with more than 3,000 recalls. The 3,505 recalls recorded in Q2 2024 are in line with the ten-year quarterly high of 3,506 recalls in Q1 2024. With a total of 7,011 recalls in the first half of 2024, this year is firmly on track to set a record for recall activity across Europe. Sedgwick’s quarterly report analyses product safety and recall data from the UK and EU automotive, consumer product, food and beverage, pharmaceutical, and medical device industries.

California’s Draft AI Law Would Protect More Than Just People
August 27, 2024, time.com
Few places in the world have more to gain from a flourishing AI industry than California. Few also have more to lose if the public’s trust in the industry were suddenly shattered. In May, the California Senate passed SB 1047, a piece of AI safety legislation, in a vote of 32 to one, helping ensure the safe development of large-scale AI systems through clear, predictable, common-sense safety standards. The bill is now slated for a state assembly vote this week and, if signed into law by Governor Gavin Newsom, would represent a significant step in protecting California citizens and the state’s burgeoning AI industry from malicious use.

Some Gulf Of Maine Seafood Has PFAS. Freshwater Fish May Not Be Safe Either
August 28, 2024, New Hampshire Bulletin
Some seafood purchased at a Maine seafood market in May 2022 met an unusual fate. Instead of getting fried up, three filets each of haddock, salmon, tuna, and cod, three lobster tails, and some shrimp and scallops were transported by researchers to Dartmouth College in Hanover. Then, they were tested for PFAS. The researchers — spanning institutions across the state and the Northeast — found in a study published this spring that the Gulf of Maine seafood had levels of PFAS that could pose health risks to residents considering how much of the protein is consumed in New Hampshire. They observed the highest PFAS concentrations in shrimp and lobster. 

CPSC: Stop Using Magnetic Chess Games Due To Ingestion Hazard; Violation Of The Federal Safety Regulation; No Remedy Or Recall Offered
August 29, 2024, cpsc.gov
The Consumer Product Safety Commission is warning consumers to immediately stop using and dispose of Magnetic Chess Games sold by JOMO because the loose, hazardous magnets pose a risk of serious injury or death if ingested by children.  CPSC testing determined the magnets do not comply with the requirements of the mandatory federal regulation for magnet toys.  CPSC issued a Notice of Violation to the seller, JOMO, of China, but the firm has not agreed to recall the Magnetic Chess Games or offer a remedy to consumers.

Workers’ Comp Data Shows When Temps Rise, So Does Injury Risk
August 26, 2024, safetyandhealthmagazine.com
“Protecting employees from high temperatures is crucial not only to prevent heat-related illnesses but also to reduce the risk of other injuries that can occur in hot conditions,” Tom Denberg, medical director at Pinnacol, said in a press release. “When workers are exposed to excessive heat, their physical and cognitive abilities can be impaired, increasing the likelihood of accidents. “By implementing effective heat safety measures, such as providing adequate hydration, rest breaks and shaded areas, employers can safeguard the health and well-being of their employees, ensuring a safer and more productive work environment.”

Florida Death Prompts Recall Of HALO 1000 Portable Power Stations
August 29, 2024, Consumer Affairs
The Consumer Product Safety Commission has announced the recall of nearly 6,000 HALO 1000 portable power stations sold by ZAGG Inc., of Midvale, UT, Alliance Consumer Group, of Roanoke, TX, and retailer QVC Inc., of West Chester, PA. A 79-year-old man in Bradenton, FL died from smoke inhalation from a fire involving the recalled portable power station in June 2022. In addition, the firms have collectively received four reports of fires involving the HALO 1000 Portable Power Station. These include two reports of smoke inhalation and one burn injuries. The portable power stations are high-capacity lithium-ion battery power banks with three USB-A charge ports. 

Firefighters Say Cocomelon Children’s Book Causes Car Seat, Minivan To Catch Fire
August 27, 2024, kptv.com
Firefighters are warning parents after a Cocomelon children’s book caused a minivan fire in North Carolina. The George Hildebran Fire & Rescue Department said that a child’s car seat caught fire soon after the child had gotten out. After the flames were put out, the Fire Marshal’s Office determined that the fire was started by a “button battery” inside a children’s book that was left underneath the seat.

Public Trust In Drinking Water Safety Is Low Globally
August 28, 2024, Northwestern University
A new study finds more than half of adults surveyed worldwide expect to be seriously harmed by their water within the next two years. Led by global health experts at Northwestern University and the University of North Carolina at Chapel Hill, the study sought to understand public perceptions of drinking water safety. Because perceptions shape attitudes and behaviors, distrust in water quality has a negative impact on people’s health, nutrition and psychological and economic well-being — even when the water meets safety standards. “If we think our water is unsafe, we will avoid using it,” said Sera Young, professor of anthropology and global health at Northwestern and senior author of the study.

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