2015 headlines from ADK’s Product Safety Network News
CPSC proposes additional phthalate restrictions
January 5, 2015, Lexology
Proposal implements nearly all of CHAD recommendations. Rule would be one of the first federal actions regulating use of a chemical based on cumulative risk.
Albany County, NY enacts stringent children’s product safety law
January 21, 2015, The National Law Review
Growing controversy over the rule of local governments in regulating consumer products typically reserved for state and federal levels.
EU product safety legislation overhaul
January 30, 2015, Lexology
Nine new directives cut across industry sectors and continue the process of aligning pre-existing legislation to new framework. Proposal includes stricter documentation and notification rules.
CPSC Trends: fines, imports, and retailer reporting are issues to watch
March 2, 2015, Product Safety Letter
Chairman Kaye tells product safety conclave of support for making penalties higher. Some companies see existing levels as “costs of doing business” rather than punitive. $4.5 million record penalty last year likely to be surpassed with new authority under CPSIA up to $15 million.
California AG initiates supply chain act disclosure review; enforcement actions likely to follow
April 9, 2015, Lexology
Campaign to notify companies of obligation to comply with state’s Transparency in Supply Chain Act of 2010. While self-reporting on compliance is voluntary, authors note expectation is that AG will focus investigations on non-responders and those companies that are non-compliant.
Product Liability in the 21st Century
June, 2015, Who’s Who Legal
While product manufacturers increasingly seek to access global markets and develop their brands and reputations consistently around the world, the tendency has been to manage risks in a much more ad hoc reactive and localized manner, especially product liability risks.
Shifting CPSC Recall Landscape? Agency announces major “repair program” that is not labeled a “recall”
July 23, 2015, The National Law Review
A recent announcement of a “repair program” by IKEA and the CPSC addresses the serous hazard of furniture tip-overs. What is significant about this action, according to regulatory attorneys, is that it touches the core of an argument in the regulatory environment: “not every voluntary corrective action must or should be called a ‘recall’.”
Lumber Liquidators linked to health and safety violation
August 16, 2015, CBS News
60 Minutes explains tests it used to conclude that the LL Chinese-made laminate flooring contains toxic formaldehyde that may not meet safety standards. Show acknowledges that California activists it featured are backed by Wall Street Investors selling LL stock short.
Child safety measures for packaging of laundry pods are approved
September 15, 2015, The New York Times
First safety standard for packaging and labeling so-called laundry pods was approved by ASTM, the standards organization. While the new standard is voluntary, the CPSC may pursue recalls of products that do not meet it.
Volkswagen said to be target of U.S. criminal probe on emissions
September 21, 2015, Bloomberg.com
The company admits 11 million cars worldwide contain software that in the U.S. was installed to fool emission testing conducted under federal law. Amid growing crisis, Bloomberg reports that the U.S. Justice Department is investigating Volkswagen AG over its admission that it cheated on federal air pollution tests, adding the specter of criminal proceedings.
Boulder-based association coordinating national recall of up to 1.5 million bikes
October 8, 2015, Daily Camera
Thirteen companies representing 17 brands have joined together for this cross-industry voluntary recall effort in North America, coordinated by the Bicycle Product Suppliers Association serving in the role of recall administrator.
Takata hit with $70M fine, but could face another $130M
November 3, 2015, The Detroit Bureau
Even as the supplier faces the prospect of new recalls, Takata could be in for a fine of as much as $200 million if it doesn’t follow up on demands laid out in a consent decree with the National Highway Traffic Safety Administration. Honda to stop using their airbags.
FDA finalizes genetically engineered food labeling guidance and approves “AquAdvantage Salmon”
November 25, 2015, Mintz Levin
Calling the decision “an important milestone”, the author summarizes the primary takeaway: FDA’s “long-standing policy regarding labeling of foods containing genetically engineered ingredients has not changed, even after years of consumer and legislative pressure regarding the public’s right to know whether a food contains one or more GE ingredients.”
Hoverboards impounded at UK ports over explosion risks
December 2, 2015, The Guardian
Retailers have issued product recalls as trading standards officers suggest consumer vigilance over self-balancing scooters this Christmas. Over 17,000 units imported from beyond the EU have been examined of which 15,000 (88%) failed basic safety checks.
