Opinion: The Courts against Proposition 65
March 13, 2018, American Thinker
A federal judge has frozen plans to require all products containing the widely popular herbicide glyphosate to display a Proposition 65 warning in a landmark ruling that could signal the turning of the tide for California’s nanny-state regulations. The decision by Federal District Judge William Shubb represents a significant blow to both to the much maligned Proposition 65 and the organization that accounts for so many of its listings, the International Agency for Research on Cancer (IARC).
Manufacturers using perfluorinated chemicals should follow new regulations
March 12, 2018, Rubber & Plastics News
Perfluorinated chemicals, which include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), have been widely used in manufacturing since at least the late 1940s. In the late 1990s and early 2000s, PFOA and PFOS were identified as “emerging chemicals” of potential regulatory concern due to findings of perfluorinated chemicals (PFCs) in the environment and human blood and a shift in regulatory science policies. Manufacturers using PFCs should pay close attention to new regulations. In November, PFOA and PFOS were listed by California as Proposition 65 chemicals “known to cause reproductive toxicity,” based on the U.S. Environmental Protection Agency’s issuance of drinking water guidance.
CPSC Guidance for companies that make children’s products
Cpsc.gov
Children’s products are subject to a set of federal safety rules, called children’s product safety rules. Determining how your product is classified enables you to identify correctly the set of children’s product safety rules applicable to your product. The law defines a “children’s product” as a consumer product designed or intended primarily for children 12 years of age or younger. In addition, the Commission passed an interpretative rule with further explanation and examples.
Small toy makers: Death of Toys “R” Us leaves a ‘big hole’
March 16, 2018, Gant Daily
For many toy makers, Toys “R” Us wasn’t just a store, it was a lifeline. The national toy retailer, which announced earlier this week plans to close or sell all of its US stores, acted as the main — and sometimes only — distributor for companies large and small.
It’s Daylight Saving Time: Make Some Changes, for Safety’s Sake!
March 9, 2018, cpsc.gov
The U.S. Consumer Product Safety Commission (CPSC) wants to remind everyone of the simple life-saving habit of changing the batteries in your smoke and carbon monoxide alarms. Change the batteries when you change your clock! Daylight saving time starts at 2 a.m. Sunday March 11 when clocks are set ahead one hour. It’s also the perfect opportunity for everyone to try to make a difference in reducing the more than 360,000 fires in homes each year.
Fidget spinners named one of the most dangerous products in the EU
March 13, 2018, alphr.com
A new report by the EU Commission declares fidget spinners pose a serious threat to child safety and may well be the victim of their own success after being named in the EU’s annual rapid alert report. The alert system, which is used by member states’ national authorities to help quickly identify and eradicate dangerous products from the market, outlines the danger that fidget spinners pose to children’s safety.
Securing Data Privacy & the Law Forcing Compliance
March 14, 2018, ebnonline.com
The countdown is on. Europe’s latest regulation aimed at ensuring even greater data privacy protection for all EU citizens comes into effect May 25, 2018. But global companies doing business in Europe and with Europeans are still struggling to define their compliance strategy and develop an approach to avoid the hefty fines for data security and user consent breeches and “privacy by design” violations. Several panel discussions and keynote speeches during the recent Mobile World Congress, the annual gathering of mobile industry executives, highlighted the challenges companies face with aligning their data collection and usage practices to the EU General Data Protection Regulation (GDPR).
UK: You Brexit, You Buy It: EU Notice Sets Out Post-Brexit Position For EU Product Rules
March 15, 2018, Mondaq.com
As part of the Brexit process, the European Commission has published various notices to stakeholders, setting out the position on a number of topics from the day the UK leaves the EU, “subject to any transitional arrangement” (read: in the event of a no deal scenario). One such notice covers a number of key pieces of product legislation including: the General Product Safety Directive, Cosmetics Regulation, WEEE Directive, Batteries Directive, Toys Directive, Machinery Directive and more – all set out in an “Indicative list of Union product legislation”.
Health Canada to contact Claire’s after news report claims makeup contains asbestos
March 14, 2018, globalnews.ca
Earlier test results provided by Claire’s, along with Health Canada’s own testing, did not identify any health or safety concerns regarding asbestos. However recent news reports indicate otherwise. “In light of these new reports, Health Canada is contacting the company to determine if additional actions are warranted,” according to a statement by Health Canada.
EU Commission: 53% of Banned Items Made in China, 26% in Europe
March 15, 2018, EU Scoop
53% of the European Commission’s list for dangerous products has goods made in China. Previously, we reported on the EUC’s concerns about fidget spinner brands and how dangerous they can be for the European market. Most of the current list consists of toys. The head of the Bulgarian Commission for Consumer Protection Dimitar Margaritov commented: “Pacifiers, soothers, baby car seats, toy cars, and beds – the main risks could be traced to the presence of small elements that can cause choking or wounding.”
Product Liability in Denmark
March 13, 2018, Lexology (Poul Schmith Law Firm)
The Danish product liability rules are well developed, well established and complicated. Denmark has a two-branch system where liability for damage or injury caused by a defective product may be established both under the Products Liability Act and under rules developed in case law.
