In the News: April 17, 2023

These School A/V Carts Have Killed At Least Three Kids And Are Being Recalled
April 13, 2023, CBS News
The Consumer Product Safety Commission has shared details of a recall by Luxor Workspaces of 84,700 of its Luxor A/V carts, some of which were sold as far back as the early 1980s, because the “carts can become unstable when loaded with heavy objects, such as cathode-ray tube televisions (CRT TVs).” Tragically, between 2006 and 2016, there have been three incidents of children dying, and one being seriously injured, when the “recalled A/V carts carrying a “box” shaped television (CRT TV) tipped over and landed on them.” Luxor Workspaces is offering free repair kits for the carts that include “metal ballast kits, which should be installed to the lower shelf of the cart to add stability and weight.

How Bad Is It To Use A Product With A California Prop 65 Warning Label?
April 12, 2023, Huff Post
It’s jarring to see a health warning label on a household product, especially a label that tells you a product is “known to cause cancer, birth defects or other reproductive harm.” That is what the California Proposition 65 warning says. You can use this label as a tool for making informed decisions about the products you have in your home based on your health history. For example, if you’re pregnant, you may want to be wary of a product that can cause birth defects. Additionally, if you’re battling cancer, an item with a cancer-causing chemical may make you understandably nervous. “Just because you see a Prop 65 Warning, doesn’t mean the product will harm you,” according to a Purdue University associate professor of public health.

Sensitivity Can Be A Superpower At Work
April 13, 2023, Harvard Business Review
High sensitivity is a trait that’s been researched for over 30 years and is found within 15% to 30% of the population. Managing a highly sensitive person (HSP) involves a learning curve but is necessary if you want to take advantage of the assets they have to offer. The author outlines four steps for managers to try beginning with shifting your perspective and recognizing that sensitivity is a natural variation in personality and not a flaw.

Health Canada Provides Guidance On Infant Sleep Products
April 12, 2023, Norton Rose Fulbright.com
The key regulations under the CCPSA that govern infant sleep products in Canada are the Cribs, Cradles and Bassinets Regulations, and the Playpens Regulations. “It is important for industry to holistically consider all factors when determining whether a product is required to comply with the requirements under the Cribs, Cradles and Bassinets Regulations or the Playpens Regulations.

FTC Warns Almost 700 Marketing Companies That They Could Face Civil Penalties If They Can’t Back Up Their Product Claims
April 13, 2023, Federal Trade Commission
The FTC sent out new penalty offense notices to 670 companies, warning them that failure to substantiate product claims could result in civil penalties of more than $50,000. The companies also received copies of the FTC’s previously issued penalty offense notices regarding endorsements and testimonials. This represents the FTC’s fourth round of penalty offense notices (previous notices involved education practices, money-making opportunities and endorsements).

California Follows Europe’s Lead On USB-C Mandate For Devices
April 13, 2023, Bloomberg Law
California would be the first state to require all laptops, phones and other electronic devices to be charged with USB-C cables under legislation a state legislative committee approved. The California Assembly Privacy and Consumer Protection Committee unanimously passed the bill. The legislation would implement the requirement for phones and laptops manufactured on or after 2026. It would also require wholesalers and retailers to give consumers the option to buy an electronic product with or without a charging device. Packaging on the product would need to indicate if there is a charging device and other information.

CPSC Says Certain Smoke And Carbon Monoxide Detectors Might Not Work
April 13, 2023, KRTV 3
The Consumer Product Safety Commission urged consumers to stop using several brands of combination smoke and carbon monoxide detectors as the products have failed to work. The CPSC said combination detectors made by OKEAH, PETRICOR, VARWANEO, and WJZTEK failed to alert people in the presence of hazardous smoke. The PETRICOR, VARWANEO, and WJZTEK products were sold on Amazon.com for between $15 and $53. 

Guest Editorial: It Is Our Problem!
April 12, 2023, Bicycle Retailer
 Fifty-four years ago, the American bicycle industry faced the specter of the federal government regulating bicycles as products sold to consumers. The reaction of the industry, through its trade association the Bicycle Manufacturers Association (BMA), was to resist and fight the government by advancing the manufacturing standard it had developed in the face of growing imports.

AU: How An AU Innovative Elearning Solution Is Helping This Government Department Reform An Industry
April 13, 2023, Government News.com.au
 Public confidence in the national construction industry has taken a hit in recent years following a series of high-profile incidents involving defective buildings. As part of the NSW response, the Office of the Building Commissioner (OBC) launched Construct NSW, a comprehensive reform strategy aimed at restoring the sector’s reputation and improving the standard of the state’s building sites, where a lack of understanding of regulatory requirements had become a problem. Compliance with Australian Building Standards has been a centerpiece of the NSW reform.

Analysis – PFAS Litigation: Who’s Next?
April 13, 2023, National Law Review
With new regulations on the horizon, manufacturers need to be aware of the potential litigation risks related to perfluoroalkyl and polyfluoroalkyl substances (PFAS).  The U.S. Environmental Protection Agency (EPA) announced its new proposed National Primary Drinking Water Regulations for PFAS, which would significantly affect states and public water utilities. It is important to recognize, however, that the scientific developments that led to the proposed regulations are also likely to influence the litigation risks for any company that uses PFAS or sells products containing detectable levels of PFAS. 

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability, Uncategorized

In the News: November 18, 2024

CPSC: 3 Million Adult Portable Bed Rails Recalled In 3 Years; 18 Deaths Reported Since 2021
November 14, 2024, cpsc.gov
The Consumer Product Safety Commission has recalled more than 200,000 adult portable bed rails manufactured by Medical King, of Brooklyn, New York, due to entrapment and asphyxia hazards. This is the 9th recall of adult portable bed rails CPSC has issued since 2021. In total these recalls, along with two product warnings, impacted more than 3 million units and are associated with serious injuries from head, neck or chest entrapment and 18 reported deaths. “Those taking care of the elderly or individuals with mobility limitations or those with mental challenges shouldn’t have to worry that a critical piece of support equipment they rely on could lead to serious injuries or death,” said CPSC Chair Alex Hoehn-Saric in the CPSC announcement release.

Kids In Danger Closing At End Of Year
November 13, 2024, KID
Kids In Danger (KID), a Chicago-based nonprofit organization dedicated to protecting children by fighting for product safety, has made the difficult decision to close its doors by the end of 2024. According to an announcement release, “many things contributed to the decision including the difficulty of fundraising, which has always been difficult, but has become harder over the past few years.” The release continued, “Among KID’s victories are the landmark 2008 Consumer Product Safety Improvement Act including the Safe Sleep for Babies Act, Reese’s Law and the STURDY Act.”

Why Employees Quit
November-December 2024, Harvard Business Review Magazine
The so-called war for talent is still raging. But in that fight, employers continue to rely on the same hiring and retention strategies they’ve been using for decades. Why? Because they’ve been so focused on challenges such as poaching by industry rivals, competing in tight labor markets, and responding to relentless cost-cutting pressures, they haven’t addressed a more fundamental problem. That is the widespread failure to provide sustainable work experiences. To stick around and give their best, people need meaningful work, managers and colleagues who value and trust them and opportunities to advance in their careers, the authors say.

EU: Transport Safety Group Pushes To Slow E-Scooters/Unify Rules
November 13, 2024, Forbes
The European Transport Safety Council (ETSC) pushed to lower speeds and increase standards for stability and stopping power for electric scooters. The ETSC recommended a universal set of rules to limit top speeds to 20 km/h (12.4 mph), replacing a patchwork of nation-by-nation regulations. It has also proposed limiting cars, trucks and vans in urban areas to 30 km/h (19mph) or less to lower the fatality risk for scooter riders, but also to benefit pedestrians and cyclists. The ETSC also recommended Europe’s governments enforce a minimum age of 16, mandatory helmets and a ban on passengers and riding after the consumption of drugs or alcohol.

PFAS Questions Every Company Needs To Ask Now
November 13, 2024, SheppardMullin (National Law Review)
2025 will be a landmark year in the regulation of PFAS. Addressing problems in this category has been a federal priority since 2021, when the U.S. Environmental Protection Agency (“EPA”) published its “PFAS Roadmap” outlining a program of research, control and cleanup. Most recently, the EPA adopted new reporting requirements covering all PFAS used in products since 2011, which are expected to affect 130,000 businesses. In 2025, EPA data-gathering programs will go into effect to determine where, when, and how PFAS have been and are currently being used. Thousands of facilities will also be required to submit reports on PFAS for the first time. 

U.S. Product Recalls On Track To Reach Six-Year High In 2024
November 14, 2024, PR Newswire
According to the latest Sedgwick U.S. Recall Index report, year-to-date (YTD) in 2024 there have been 2,454 product recalls across five key industries. This is closely aligned with the 2,459 recalls recorded through the first three quarters of 2023—a year that ultimately set a five-year annual high for total recalls. Should the pace of recalls continue in the fourth quarter of 2024, the U.S. will reach a six-year high by year-end. The report points out that the Consumer Product Safety Commission continued its aggressive enforcement activity during the third quarter. While the agency has increasingly leveraged unilateral press releases in past quarters, it took a step further in Q3 by issuing a unilateral recall announcement after the seller of a defective product did not cooperate in CPSC efforts to implement a recall. Other activity from the CPSC suggests this stricter enforcement and oversight is more than a passing trend.

CPSC: Stop Using Ifanze Area Rugs; Violations Of The Federal Regulations For Rug Flammability; No Recall Or Remedy Offered
November 14, 2024, cpsc.gov
The Consumer Product Safety Commission is warning consumers to immediately stop using iFanze Area Rugs because they pose a fire hazard. The rugs fail to comply with federal safety regulation for rug flammability. The CPSC issued a Notice of Violation to the importer, Asell Internation Inc., of Industry, California, but the firm has not been responsive to CPSC’s request for a recall of this product.

Comment Period For Proposed Rule To Establish Safety Standards For Water Beads Extended
November 13, 2024, SBA Office of Advocacy
On September 9, 2024, the Consumer Product Safety Commission published a proposed rule to establish a safety standard for water bead toys and toys containing water beads. To address the risk of injury and death, the proposed rule adds performance and labeling requirements for water bead toys and toys containing water beads. The comment period for the proposed rule is extended to December 8, 2024.

What To Consider Before Purchasing E-Bikes For Children
November 14, 2024, Oakdale Leader
Parents may wonder if they should let their children ride e-bikes. The Consumer Product Safety Commission recommends that children between the ages of nine and 12 should not operate any product that travels faster than 10 miles per hour, including e-bikes. Parents may not realize that e-bikes are quite heavy, with some weighing in at 60 pounds. That can make e-bikes challenging for small kids to maneuver. When considering e-bikes, prospective riders must take note of the following safety guidelines. Slower is better; Wear a helmet; Do not ride with a passenger; Follow the rules of the road; and Charge e-bikes while present.

Michigan’s PFAS Drinking-Water Limits Hang In Balance Of Supreme Court Case
November 13, 2024, Bridge Michigan
The Michigan Supreme Court heard arguments in a case that could decide whether Michigan’s PFAS drinking-water standards remain in place. Chemical giant 3M sued in hopes of voiding the standards, arguing the state failed to adequately consider costs to businesses. State lawyers contend they weren’t required to do so and revoking the standards would put Michiganders at risk.

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability, Uncategorized

In the News: November 4, 2024

European Union Launches Action Against Shopping Website Temu Over Illegal Products
October 31, 2024, The Guardian
The European Union has launched formal proceedings against the Chinese shopping website Temu amid concerns it is failing to halt the sale of illegal products online. A formal investigation was opened with the European Commission citing concerns over the platform. With its tagline “shop like a billionaire”, the service has rapidly grown in the EU market since its launch in April last year. It sells everything from cosmetics to clothing as well as furniture and tech, sourced directly in China to about 100 million users. The European Commission said it had numerous concerns that the platform was breaching the new Digital Services Act (DSA), which regulates tech firms ranging from Facebook to X and Google.

Analysis: What Cosmetic Companies Need To Know About The CPSC
November 1, 2024, Foley & Lardner LLP (National Law Review)
As of now, the CPSC regulates a few areas relevant to the cosmetics industry. For example, the CPSC maintains jurisdiction over child-resistant packaging requirements under the Poison Prevention Packaging Act (PPPA). Thus, if certain cosmetics products contain any hazardous substances, those products must comply with the PPPA and are subject to oversight from the CPSC. The CSPC also maintains jurisdiction over other product packaging issues and products relevant to the larger beauty industry (e.g., a hair drier that poses a shock hazard to consumers). As cosmetics companies target younger audiences and expand their offerings beyond products meant just for adults, this may open them up to greater compliance duties to, and regulatory oversight from, the CPSC.

Three Ways To Manage Moments Of Work-Induced Anxiety
October 23, 2024, Harvard Business Review
Owing to our fast-paced workplaces, our collective stress baselines are higher than ever before, and against this backdrop, you might find yourself getting anxious more easily at work. Today, workplace anxiety is common, but it is also manageable and to some degree, even preventable. Our minds and bodies aren’t our enemies; in our modern relentless work environments, they’re our greatest allies — if we know how to use them. To manage workplace anxiety, it is important to adopt approaches to support our salience network (the brain’s system for prioritizing and integrating important information) and calm the nervous system.

Insight: White House Announces New Restrictions On De Minimis Rules
October 30, 2024, Mayer Brown
The White House has announced new actions to address “the significant increased abuse of the de minimis exemption” by China-founded e-commerce platforms. This will strengthen US efforts to target and block shipments that violate US laws. This will also include a series of Notices of Proposed Rulemaking (NPRMs) that will propose changes to the de minimis program. The announcement also notes that the CPSC intends to propose a final rule that would require importers of consumer products to electronically file Certificates of Compliance with both Customs and Border Protection and the CPSC at the time of entry. Finally, the announcement “urges Congressional action on de minimis reform.”

New Protective Layer Could Extend Zinc Battery Lifespan
October 2024, msn.com
The transition to renewable energy requires efficient methods for storing large amounts of electricity. Researchers at the Technical University of Munich have developed a new method that could extend the lifespan of aqueous zinc-ion batteries by several orders of magnitude. Instead of lasting just a few thousand cycles, they could now endure several hundred thousand charge and discharge cycles. The key to this innovation is a special protective layer for the zinc anodes of the batteries.

Study: Black-Colored Plastic Kitchen Utensils, Takeout Containers May Contain Cancerous Chemicals
October 30, 2024, Nation of Change
A new study revealed the implications when recycled plastic from electronics is used in household items. Published in Chemosphere, researchers discovered everyday black plastic cooking utensils contain harmful flame retardants through current recycling processes. While toxic chemicals are banned from certain applications that don’t require flame retardants (FR), their continued use in electronics is of particular concern for researchers due to their recycled presence in other items. These include such items as kitchen utensils, takeout containers, sushi trays and some children’s toys.

Editorial: As Fire Officials Strategize, Federal Lithium-Ion Battery Regulatory Bill Stalls
October 30, 2024, Yahoo News
Fire officials from around the country are gathering with the Fire Department of New York and federal Department of Homeland Security in New York with one pressing focus — addressing the scourge of the exploding battery, specifically the unregulated lithium-ion batteries often used for micro-mobility devices like e-bikes. These batteries, in recent years, have frequently overheated and caused deadly, damaging, and hard-to-put-out fires. The officials from New York, Seattle, Denver, Chicago and Atlanta will share notes on how to track and contend with these fires as they become one of the leading fire hazards. The solution here is to delineate clear regulatory authority to specifically handle these batteries, and fast. Rep. Ritchie Torres and Sen. Kirsten Gillibrand are sponsoring legislation in Congress to vest the Consumer Product Safety Commission with the ability and directive to write policies mandating safety standards for such batteries and the devices they power.

Toxic Chemical Exposure Drops In U.S. Post-CA Law
October 30, 2024, Mirage News
With growing concern about the ubiquity of toxic chemicals in consumer products, many states have passed laws aimed at protecting people from harmful substances in everyday items like cosmetics, cleaning supplies, plastics, and food packaging. California’s Proposition 65, for instance, is considered one of the most extensive toxics laws in the country. But does the law work? According to a new study published in the journal Environmental Health Perspectives, it does.

Operationalizing The EU AI Act: Five Compliance Steps To Take Now
October 30, 2024, American Conference Institute (JD Supra)
Now that the European Union’s Artificial Intelligence (AI) Act has entered into force, the real work begins putting its obligations into practice. This article explores five compliance steps to take now to operationalize the AI systems. The AI Act extends extraterritorially by applying to providers inside and outside the EU, as well as applying to providers and deployers outside the EU where the “output” of AI systems is “used in the EU.” Thus, all covered providers and deployers, both inside and outside the EU, should consider the following these baseline compliance steps.

Preventing Liability From Foreign‑Made Products
November 1, 2024, In Compliance Magazine
A quick look through recent 2024 recall notices posted on the website of the Consumer Product Safety Commission reveals that a majority of recalled products were manufactured in China. And a recent analysis of 1st quarter 2024 recalls by Sedgwick Brand Protection reveals the following products with the highest number of recalls: Sports and recreation, children’s products, electronics, toys, and home appliances. Most of these products are manufactured in China or other locations in Asia. Ultimately, the manufacturer or product seller gets to make a business decision on whom to buy from and what to require them to do. Since it may well be impossible to find a foreign manufacturer that is willing to do all of the things detailed here, the company will need to decide what preventive techniques are priorities and when or if the lack of a technique is a deal breaker. In that way, U.S.-based companies will be better prepared to make a rational business decision and assume a future risk that they deem acceptable.

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Uncategorized

In the News: October 28, 2024

Customs And Border Protection And CPSC Collaboration Results In Seizure Of Infants’ Products
October 24, 2024, U.S. Customs and Border Protection
Successful targeting efforts by U.S. Customs and Border Protection’s Machinery Center of Excellence and Expertise (CEE) and the CPSC at the Port of Memphis resulted in the seizure of $61,000 in infant products. The items were determined to be unsafe for entry due to high lead paint content and choking hazards. “The combined efforts of the Machinery Center, the Port of Memphis, and the Consumer Product Safety Commission to identify and advance this shipment toward seizure serves as an illustrative example of effective enforcement through collaboration,” said Director Juan J. Porras, Machinery Center of Excellence and Expertise. On Sept. 17, 2024, CPSC provided Customs and Border Protection Memphis with a full report with referral to seize and destroy all merchandise in the detained shipment.

Federal Agency Implements First-Ever Product Safety Standards For Infant Nursing Pillows
October 21, 2024, Husch Blackwell (JD Supra)
The Consumer Product Safety Commission announced a new rule on September 18, 2024, which will implement the first-ever federal safety standards for infant nursing pillows. This rule comes in response to 154 infant deaths and 64 serious injuries believed to be caused by these products between 2010 and 2022. These deaths commonly involved infants under 3 months old who were sleeping with the nursing pillows in locations such as adult beds, cribs, playpens, or couches. The new federal safety standards aim to allow nursing pillows to continue to be useful for breast or bottle feeding, while also reducing the risk of injury or death to infants. These standards intend to prevent suffocation, entrapment, or falls resulting from the use of nursing pillows by setting certain performance requirements for nursing pillows.

Expecting A Bad Performance Review? Here’s How To Prepare
July 7, 2022, Harvard Business Review
By preemptively taking action if you expect to receive a bad performance review, you may be able to steer a different course for yourself. The author offers six steps to take before and after your review if you know your performance has been subpar. First, reflect on your own assumptions about your performance to understand what you need to work on. Second, get your teammates’ perspective. Third, proactively invite your manager to have a conversation with you. Fourth, own up to your mistakes and put together a plan to improve. Fifth, follow up on that plan with your manager. Finally, show your manager you care about doing better. If you still receive a negative review despite your best efforts to be proactive, it may help you realize that your skills, strengths and interests don’t align with the needs of your current role.

California Adds PFAS Enforcement Criteria And Testing And Registration Requirements
October 24, 2024, Kelely Drye & Warren (JD Supra)
Recently adopted California legislation (AB 347) aims to fill fundamental gaps in implementation of the state’s restrictions on PFAS in juvenile products, textile articles and food packaging. As companies face immediate deadlines to comply with PFAS restrictions, the legislation provides needed clarity on enforcement; imposes registration requirements on manufacturers of covered products; and seeks to answer questions about proper test methods for establishing compliance. While penalties are to be assessed on a ​“case-by-case” basis under AB 347, the minimum penalty for a first-time violation is $10,000. 

U.S. Rep. Nancy Mace Introduces Tyler’s Law To Safeguard Children From Unsafe Products
October 22, 2024, abcnews4.com
Rep. Nancy Mace (R-SC) has introduced a new bill aimed at protecting children from dangerous products. If passed, the bill will require hospitals, medical examiner offices and coroner offices to report incidents involving the death or serious injury of a child linked to children’s products. The proposed bill is titled Tyler’s Law, after a 10-month-old who died due to a defective crib. “Too many families have suffered the unthinkable because of products designed for our most vulnerable,” said Rep. Mace. “Tyler Jonathan’s is not an isolated incident. Nursery products contribute to hundreds of child deaths annually due to inadequate safety standards,” Rep. Mace said.

Toronto Transit Commission Proposes Winter Ban On E-Bikes And E-Scooters Over Fire Risk
October 23, 2024, CBC
The Toronto Transit Commission (TTC) is proposing a seasonal ban on e-bikes and e-scooters each year, as concerns increase over lithium-ion battery powered devices and the risk of fire. It is recommending prohibiting e-bikes and e-scooters across the transit system during the winter season from Nov. 15 to April 15 of each year. The measure comes after an e-bike caught fire on a subway train at Sheppard-Yonge subway station in December last year. The manufacturer had advised that their e-bikes were not intended to be used in adverse weather conditions, which includes operating it where snow, ice or road salt is present, the Commission said. “Fluctuating temperatures can cause condensation and lithium plating, increasing the likelihood of short circuits and fires,” the Commission said.

CPSC: Stop Using AILUKI Cordless Drills Sold On Amazon.Com Due To Risk Of Serious Injury And Death; Manufacturers Have Been Unresponsive
October 24, 2024, cpsc.gov
The Consumer Product Safety Commission is warning consumers to immediately stop using AILUKI cordless drills because they pose a risk of serious injury and death. Shenzhen Nuoyafangzhou Dianzishangwu Youxiangongsi, of China, manufactures this product and has been unresponsive to CPSC requests for information about this product or to conduct a recall. CPSC has received nine reports of defective cordless drills exploding, igniting, melting, smoking, or overheating, including three reports of property damage totaling $3,000 and one report of a burn injury.

Why Your Organization Needs To Craft A Comprehensive Genai Policy Now
October 23, 2024, Rumberger Kirk (JD Supra)
 The rapid advancement of generative artificial intelligence technologies has revolutionized various industries by automating complex tasks, creating content, and enhancing decision-making processes. However, it also poses significant business risks and ethical dilemmas. Because this technology is so easy to use and exploding in capabilities, it is crucial that companies establish a comprehensive GenAI policy. There are many reasons organizations should adopt a GenAI policy. Some open platforms can subject companies to the loss of trade secrets or confidential data. Others can expose an organization to cybersecurity risks. A policy can help prevent many unintended potential ethical, legal, quality, and security issues and inform employees about which uses are permitted.

The Importance Of Codes And Standards And Other Topics Discussed At USFA Summit
October 22, 2024, NFPA.org
Testimony delivered at this year’s summit covered climate-driven events, wildfire codes, the value of codes and standards, recruitment and retention in the fire service, firefighter health and safety, and EMS. I was honored to testify on the importance of codes and standards to the panel, which included Secretary of Homeland Security Alejandro Mayorkas, U.S. Fire Administrator Lori Moore-Merrell, as well as other White House and federal agency officials. 

Legislative Efforts Against ‘Forever Chemicals’ Grow Across Nation
October 24, 2024, Governing
Legislative momentum against PFAS has surged this year, as at least 11 states enacted laws to restrict the use of “forever chemicals” in everyday consumer products or professional firefighting foam. The legislation includes bans on PFAS in apparel, cleaning products, cookware, and cosmetic and menstrual products. Meanwhile, lawmakers in some states also passed measures that require industries to pay for testing or cleanup; order companies to disclose the use of PFAS in their products; and mandate or encourage the development of PFAS alternatives, according to Safer States, an alliance of environmental health groups focused on toxic chemicals.

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability, Uncategorized

In the News: October 21, 2024

CPSC Approves New Federal Safety Standard For Infant Support Cushions To Prevent Infant Deaths And Serious Injuries
October 16, 2024, cpsc.gov
The Consumer Product Safety Commission has approved, by a 5 to 0 vote, a new federal mandatory standard to improve the safety of infant support cushions. CPSC is aware of 79 infant deaths and 124 injuries between 2010 and 2022 associated with infant support cushions. Most injuries and deaths ccurred among infants younger than 3-months old. The new rule will go into effect 180 days following its publication in the Federal Register and will require that all infant support cushions manufactured for sale after the rule takes effect meet the new requirements.  

Statement of Chair Hoehn-Saric

Dangerous Toys Made Outside European Union Sold Online Within The Bloc
October 17, 2024, The Irish Times
Many unbranded toys made outside of Europe but sold within the EU by online retailers including Temu and Amazon are dangerous for children, an industry survey shows. Toy Industries of Europe (TIE) said that final results showed 80 per cent of the toys tested did not meet EU safety standards. The more than 100 products tested were bought on 10 online platforms: China’s AliExpress, Temu and Shein, Singapore’s Light In The Box, the US’s Amazon and Wish, France’s Cdiscount, UK’s Fruugo, the Netherlands’ Bol and Poland’s Allegro. Platforms themselves are not responsible for goods sold by third-party sellers which are often shipped directly from China at subsidized postage rates. TIE has called for this loophole to be closed by the European Commission and for it to crack down on dangerous products being sold.

What Experts Predict The Future Of Work Will Look Like
September 16, 2024, Harvard Business Review  
No one knows exactly what the future of work will look like. Research involving Belgian newspaper articles and experts shows that public commentators on the topic tend to fall into three buckets: Optimists (largely tech entrepreneurs), skeptics (largely economists) and pessimists (authors and journalists). So, who’s righ? Because each group uses different research and has a different point of view, it’s impossible to tell who is right. But it is possible to better understand all three arguments, and to think critically about what you want the future of work to look like. A robust public debate involving every citizen, policy maker, manager and CEO is the best way to ensure all voices are heard.

CPSC Commissioners Abstain From Retracting Infant Sleep Product Statements
October 17, 2024, Morrison Foerster
The Consumer Product Safety Commission has refused to retract Commissioner Richard Trumka’s unilateral statements earlier this year encouraging retailers to stop selling weighted infant sleep products. CPSC Commissioners Peter A. Feldman and Douglas Dziak published a statement rejecting a request by Dreamland Baby, a weighted sleep sack company. The CPSC retraction commissioner Trumka’s statements was not agreed upon. Notably, Commissioners Feldman and Dziak did not express support for Commissioner Trumka’s statements. Rather, they explained, “The relief sought by Dreamland Baby in this matter raises separate concerns, particularly with respect to the remedy, which requires a retraction ‘in a manner equivalent’ to the original method of dissemination.”

FDNY: Fatal Brooklyn Fire Caused By Unregulated Lithium-Ion Battery
October 18, 2024, Fire & Safety Journal Americas
As reported by the Fire Department of New York, a fire in Brooklyn on October 16, 2024, was caused by a failed lithium-ion battery. The fire tragically claimed the life of a 69-year-old man. FDNY Commissioner Robert S. Tucker addressed the issue during a public briefing, emphasizing the dangers posed by unregulated lithium-ion batteries. He urged the public to avoid purchasing batteries from unregulated sources and warned of the risks to both civilians and firefighters. Commissioner Tucker pointed out that there have been 219 lithium-ion battery-related fires in 2024 so far.

Expanding The Scope Of Winter Safety
October 15, 2024, Occupational Health and Safety
Winter hazards are nothing if not predictable: Slip hazards due to frozen ice; frostbite and other forms of cold stres; housekeeping issues in entrances and walkways; and slush in the workplace. How they appear may vary from one incident to the next, but every year, some permutation of these safety issues will pose a threat as the weather turns colder. And every year, safety professionals will dust off their talking points on winter weather hazards.

Colsen Recalls Fire Pits Due To Risk Of Serious Burn Injury; No Recall Or Remedy Offered
October 17, 2024 cpsc.gov
This recall involves Colsen-branded indoor/outdoor tabletop fire pits. The fire pits consist of a concrete, open reservoir intended to contain burning liquid alcohol. They vary in size from 5 to 18 inches wide. Consumers should immediately stop using the recalled fire pits and dispose of them. Do NOT resell or donate themIt is a violation of federal law to sell or distribute recalled products. CPSC has received 31 reports of flame jetting and flames escaping from the concrete container; resulting in 19 burn injuries. Two incidents resulted in third degree burns to more than 40% of victims’ bodies, and at least six incidents have involved surgery, prolonged medical treatment, admission to burn treatment facilities, short-term disability, loss of function, physical therapy, or permanent disfigurement. The firm stopped selling Colsen-branded fire pits and does not have the financial resources to offer a remedy to consumers.

CPSC Finds Substantial Number Of Mattresses Tested Fail Parts 1632 And 1633  
October 17, 2024, International Sleep Products Association
The International Sleep Products Association has been following publicly available violation data from the Consumer Product Safety Commission (CPSC). Based on the available data (Violations | CPSC.gov) there appears to be an alarming increase in mattresses failing to meet Part 1632 and 1633 burn tests over the past year. These failures can have costly consequences.  Manufacturers or importers of non-compliant products may need to conduct expensive recalls or take other corrective actions. When imported products fail compliance tests before the goods formally enter the United States, US Customs and Border Protection can require that the non-compliant goods be seized and destroyed.

Agricultural Research Service Develops Long-Term Roadmap For PFAS In U.S. Agriculture
October 16, 2024, Agricultural Research Service
The Department of Agriculture (USDA)’s Agricultural Research Service (ARS) today announced several key outcomes from a workshop to develop a research roadmap that would lead to short and long-term science-based solutions to meet the emerging challenges posed by the discovery of PFAS in agricultural soils and waters. PFAS have become increasingly found in the environment, posing significant challenges for producers, and farming communities, highlighting the need for agricultural researchers to develop innovative and practical solutions. ARS and the University Maine collaborated recently during a three-day workshop to bring together more than 150 interagency researchers, state partners university partners and other subject matter experts. They engaged in discussions and identified key research and innovative solutions that address the top challenges PFAS poses to agriculture, agroecosystems, food systems and farming communities.

Several Branded Promotional Cigar Slim Lighters Recalled
October 17, 2024, WGAU radio
About 60,000 cigar slim lighters were recalled because they did not have child-resistant mechanisms and were not evaluated for child resistance. The cigar lighters were promotional items, given away for free, the Consumer Product Safety Commission announced. The lighters were either white, brown or red and were about 3 inches by 1 1/2 inches by one-quarter inch. The CPSC said the lighters should be thrown away, and since it was a free promotional item, no refund or replacement will be given.

Texas Attorney General Obtains Settlement Of Alleged False And Misleading Statements About Healthcare Artificial Intelligence Product Accuracy
October 15, 2024, Quaries.com
The Attorney General (AG) of Texas announced a settlement with an artificial intelligence-focused healthcare technology company to resolve allegations of false and misleading statements about the accuracy of its product. The company provides a generative artificial intelligence-enabled service to support health system doctors and nurses to summarize, chart, and draft clinical notes in the electronic health record, among other AI-enabled functionality related to patient care. The company promotes its product’s capability to minimize AI “hallucinations” using “highly tuned adversarial AI” and “board-certified clinician oversight.” The Texas AG asserts that the company’s claims that its product was “highly accurate” and that its “critical hallucination rate” was “<.001%” were false and misleading and may have deceived hospitals about product safety and accuracy, putting the public interest at risk. 

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability, Uncategorized

In the News: October 14, 2024

Commissioner Statements: Two million Snuga Infant Swings recalled due to suffocation hazard after 5 deaths reported
October 12, 2024, cpsc.gov
The Consumer Product Safety Commission and Fisher-Price are announcing the recall of all models of Fisher-Price Snuga Swings. The recall announcement says the swing should never be used for sleep and bedding materials should never be added to it due to the increased risk of suffocation. Consumers should immediately remove both the headrest (by cutting the tether) and the body support insert from the seat pad before continuing to use the swing for awake-time activities.  Fisher-Price will provide a $25 refund to consumers who remove and destroy the headrest and body support insert. The swings are manufactured in China and Mexico.

Joint Statement: Chair Hoehn-Saric/Commissioner Boyle
Statement: Commissioner Trumka

Commissioner Letters: Sent by Chair Hoehn-Saric and Commissioners Feldman, Boyle and Dziak regarding recall of Fisher-Price Snuga swings
October 12, 2024, cpsc.gov
Letter excerpts: “CPSC staff work with your company to ensure that recalled and banned products are not unlawfully sold on the secondary marketplace – in stores or online. We are writing today to inform you about the recall of all Fisher-Price Snuga Swings, a popular infant product that is often listed for sale on the secondary market. We are writing to ensure that you are aware of this recall and are taking action to remove all recalled Snuga Swings from your stores and/or online platforms. We seek your assistance and attention in preventing illegal sales of this product.”

Goodwill Industries International Letter
Meta Platforms, Inc., Letter
Craigslist Letter
eBay Letter
Nextdoor Letter
Mercari Letter

IKEA’s new furniture line includes dressers that put safety at the forefront
October 6, 2024, Better Homes & Gardens
Dressers have long been a hazard for adults and children alike. The Consumer Product Safety Commission even adopted a mandatory rule in August 2023 that enforces standards to prevent injuries and deaths caused by falling dressers: the Stop Tip-Overs of Unstable, Risky Dressers on Youth Act (STURDY). Although previous safety standards were voluntary, the STURDY Act is changing how brands approach their designs through real-world testing. IKEA is now it’s releasing a line of furniture designed to be un-tippable. “At IKEA, we are always looking for ways to be innovative, while also keeping affordability, quality, and safety top of mind,” said Melissa Myers, Home Furnishings Business Leader for IKEA U.S.

La Crosse, WI, airport to go PFAS-free with new foam
October 6, 2024, Firehouse.com
The La Crosse Regional Airport is one step closer to being PFAS-free with a La Crosse committee’s funding recommendation. If approved by the full city council, the airport will have the funding necessary to replace all of its firefighting foam containing PFAS. French Island residents living around the airport have been drinking bottled water after PFAS chemicals were found in most of the town’s private water wells. The airport has historically used AFFF firefighting foam, which contains polyfluoroalkyl substances. These are also known as the carcinogenic “forever chemical” PFAS. With the recent discovery of PFAS’ dangerous nature, the FAA approved an alternative foam called F3 in May 2023. F3 is the only other firefighting foam approved by the FAA.

Opinion: Baby walkers have caused injuries and deaths—so why are they banned in Canada but not in the U.S.?
October 10, 2024, Consumer Reports
Many parents still don’t know that the sit-in baby walkers you can buy all over, including via third-party sellers on Amazon and secondhand on Facebook Marketplace, have been linked to pediatric deaths and thousands of injuries. They’re considered unsafe by the American Academy of Pediatrics (AAP), which has called for a ban on the manufacture and sale of them in the U.S. Since 2004, walkers have been banned in Canada, and experts in Europe, Australia, New Zealand and other places have also called for a ban. From 2004 through 2008, the Consumer Product Safety Commission staff estimate there was an average of 3,000 injuries per year related to infant walkers among children under the age of 15 months treated in hospital emergency departments.

EU questions shopping app Temu over illegal products risk
October 11, 2024, Microsoft Start
The EU on told Chinese-founded e-commerce platform Temu to hand over more information as it suspects the site is failing to do enough to stop the sale of illegal products. Wildly popular in Europe since entering the continent’s market in 2023, Temu said earlier this year it had on average around 75 million monthly active users in the bloc. The European Commission, the EU’s powerful digital watchdog, said it demanded Temu explain what measures have been taken to stop traders appearing and reappearing on the platform “selling illegal products.” The query was made under the EU’s landmark law known as the Digital Services Act (DSA) that forces platforms to do more to protect consumers.

Seven things ER pediatricians would never let kids keep in their rooms
October 8, 2024, Yahoo News
When we hear the term “childproofing,” we often think of ways to make our homes safe for babies and toddlers. But it’s just as important to make sure our kids’ rooms continue to be safe as they get older. “We frequently [consider] safety tips for children 3 and under, but it is [key] to remember that a lot of injuries actually happen more frequently the more mobile your children are,” said Dr. Anita Patel, critical care specialist at Children’s National Hospital. The home is one of the most common places where kids get injured and then end up in the emergency department — and many of these injuries are preventable, added Dr. Brad Sobolewski, emergency medicine physician at Cincinnati Children’s. We talked to Patel and Sobolewski about unexpected items they would never allow in kids’ rooms, why they can be harmful and what to use instead.

Underwriters wary of PFAS amid ‘superstorm’ of litigation, regulation
October 7, 2024, Insurance Journal
As litigation and regulation increase around per- and polyfluoroalkyl substances (PFAS), insurance underwriting is tightening across lines. Insurance professionals who specialize in PFAS say insurers are mandating coverage exclusions and, in some cases, declining to write liability policies at all in PFAS-exposed industries. Robin Kelliher, environmental solutions group counsel at USI, described the current insurance landscape as being hit by a “superstorm” of factors related to PFAS. “The insurance underwriters are just seeing lawsuits, lawsuits, lawsuits,” she said, and they don’t know how those lawsuits are going to play out.

Consumer Reports: Should you ask AI about your health?
October 10, 2024, Consumer Reports
As artificial intelligence chatbots like ChatGPT rapidly move from novelties to everyday tools, can we trust them not to spit out misleading information—or, even worse, information that’s downright dangerous? Technology and privacy researchers at Consumer Reports conducted extensive experiments to find out.

Offshore safety agency final rule bolsters approval process for ‘new or unusual technology’
October 10, 2024, Safety and Health Magazine
A new Bureau of Safety and Environmental Enforcement final rule codifies existing agency practice related to the review and approval of projects that will feature “new or unusual technology” – including equipment used in high-pressure or high-temperature environments. In a press release, BSEE Director Kevin Sligh said the rule, set to go into effect Oct. 29, “is critical to ensuring the offshore energy industry minimizes the risks of harm to offshore workers and the environment, particularly when it encounters more challenging operating conditions.”


Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Uncategorized

In the News: September 30, 2024

CPSC: Injuries and deaths associated with nursery products among children younger than age five exceed 60,000
August 2024, cpsc.gov
A new CPSC report presents nursery product-related injury estimates from 2021 to 2023 as well as comparisons with historic injury estimates. An estimated 60,400 nursery product-related injuries among children younger than 5 years old were treated in U.S. hospital emergency departments in 2023. Detailed information on deaths associated with nursery products that reportedly occurred during the 3-year period from 2019 to 202 is also presented.

Consumer Reports: Dresser Tests Show New Tip-Over Standard Is Working, But Older, Riskier Dressers Are Still Sold
September 25, 2024, Consumer Reports
Consumer Reports (CR) released its furniture tip-over test results for a range of popular dressers. All 10 dressers that passed CR’s tests were manufactured after September 1, 2023, when new furniture stability rules under the national law known as the STURDY Act went into effect. However, CR also found that dressers manufactured before the STURDY Act took effect continue to be sold and may pose furniture tip-over safety risks.  “It is encouraging to see that the law is working and that new dressers are meeting the tip-over standard,” said Gabe Knight, safety policy analyst at Consumer Reports. “But some retailers are still selling furniture that doesn’t meet the new stability requirements, he said.”

How To Explain Job Hopping In An Interview
September 2, 2024, Harvard Business Review
As job hopping becomes more common and less stigmatized, why do some hiring managers (and media outlets) still perpetuate the stereotype that millennial and Gen Z workers are disloyal to their organizations? If you’re one of the many job hoppers struggling to explain the multiple roles you’ve held in the past, there are a few ways to approach this predicament. Should a potential employer ask about the “job hopping” areas of your resume, try to think of it as an opportunity. It’s a chance to help your interviewer better understand your motivations while highlighting what you’re looking for long term.

Latest U.S. Smoke Alarm Data Reinforces Critical Importance Of Working Alarms
September 25, 2024, The Firehouse
According to the latest “Smoke Alarms in the U.S.” report from the National Fire Protection Association®, working smoke alarms reduce the risk of dying in a home fire by 60 percent. The majority of civilian home fire deaths continues to occur in homes with no smoke alarms or no working alarms. A newly published survey by the CPSC, conducted in coordination with the Fire Protection Research Foundation and the National Institute for Safety and Technology, assesses the prevalence, functionality and public perception of smoke and carbon monoxide (CO) alarms in U.S. households. According to the findings, 99 percent of all U.S. households report having at least one smoke alarm, a significant increase from 88 percent in 1994.

New Columbia Study Shows E-Bike/E-Scooter Injuries Surged In Recent Years
September 25, 2024, Forbes
Between 2019 and 2022, the rates of injuries to e-bike users rose fourfold and for powered scooter users nearly doubled – that’s a spike of 293 % and 88 % respectively. Those are the stark findings of a new study conducted by the Columbia University Mailman School of Public Health. “Our results underscore the urgent need to improve micromobility injury surveillance and to identify strategies for cities to improve user’s safety so that micromobility can be a safe, sustainable, equitable, and healthy option for transportation,” Kathryn Burford, a postdoctoral fellow at the Columbia Mailman School and the study’s first author, said.

Study Finds One-Third Of Americans Knowingly Use Recalled Products
September 24, 2024, PRnewswire
A newly released report from a software developer claims that 36% of Americans admit they would continue to use products even after a recall. The trend proves generational, according to MasterControl. For instance, Millennials (45%) and Gen Z (59%) are twice as likely to continue to use at least one kind of recalled product compared to Boomers (18%) and Gen X (23%).While 92% of consumers say they would take some type of action to mitigate the financial or physical harm from a recalled product – like asking for a refund or talking to a medical provider – many will then still continue to use the faulty products, the report claims.

CPSC Import Shipment Tracking Tool
September 2024, cpsc.gov
The CPSC Import Shipment Tracking Tool will allow you to check the status of your shipment using your entry number with your filer code included and entry line number (optional). Please remove all hyphens from your entry number to track the shipment. Using this tool will allow you to see your shipment’s status and the remaining time left for CPSC to review the shipment. 

Tucson Int’l Airport Signs EPA Superfund Deal To Manage PFAS ‘Forever Chemicals’
Sept. 25, 2024, Tucson Sentinel
 Officials at the Tucson International Airport will be required to determine the extent of a plume of “forever chemicals” that have leached into the ground over the past decades, under a Superfund agreement with the Environmental Protection Agency. The document — an administrative settlement agreement and order on consent — requires airport officials to “determine the nature and extent of PFAS contamination” from Tucson International Airport and “whether cleanup action at or around the airport property is needed.”

CPSC: Stop Using LEHOM Baby Playpens Due Violations Of Federal Regulations For Play Yards, Phthalates And Lead; No Acceptable Remedy For Consumers
September 26, 2024, cpsc.gov
The Consumer Product Safety Commission is warning consumers to immediately stop using and dispose of LEHOM Baby Playpens because they pose entrapment and suffocation hazards for infants. The LEHOM playpens violate federal safety regulations for play yards because the included basketball hoop accessory presents a head entrapment hazard and in addition, children can become entrapped beneath the mattress, posing a suffocation hazard. Also, the zippers contain levels of lead that exceed the federal lead content ban and the PVC suction cups contain levels of phthalates that exceed the federal phthalate prohibition. Lead and phthalates are toxic if ingested by young children and can cause adverse health effects. The importer, RYZ International Trading Limited, of Hong Kong, has not agreed to offer an acceptable recall remedy to consumers.

‘Dangerous Chemical Leak’ Prompts Immediate Evacuation Near Cincinnati
Sept. 24, 2024, WDTN.com
A portion of Hamilton County has been ordered to evacuate their area. According to the Hamilton County Emergency Management, a “dangerous chemical leak” is forcing people in a 0.5 mile radius of the area of S.R. 128 and U.S. 50 near Cleves to evacuate. WLWT in Cincinnati reports a train did not derail, but rather a train car valve was releasing styrene gas. 



Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability, Uncategorized

In the News: September 23, 2024

CPSC Approves New Federal Safety Standard For Nursing Pillows To Prevent Infant Deaths And Serious Injuries
September 18, 2024, cpsc
The Consumer Product Safety Commission has approved a new federal mandatory standard to improve the safety of nursing pillows and to protect babies from injury and death. By a 5 to 0 vote, the Commission approved a new rule that will address suffocation, entrapment and fall risks associated with the use of nursing pillows. The new rule will go into effect 180 days following publication in the Federal Register. CPSC is aware of 154 infant deaths and 64 injuries between 2010 and 2022 associated with nursing pillows, with most injuries and deaths occurring among infants younger than 3 months old. The majority of these deaths involved the nursing pillow being used in or on a sleep product, including an adult bed or mattress, a crib, a portable playpen, or on a couch, sofa or loveseat.

Statement of Chair Alex Hoehn-Saric

Statement of Commissioner Mary T. Boyle

Statement of Commissioner Richard Trumka

CPSC Report Shows Unsafe Sleep Environments Are Leading Cause Of Injuries And Deaths With Nursery Products
September 19, 2024, cpsc.gov
A new report from the Consumer Product Safety Commission shows that injuries and deaths associated with nursery products persist among children younger than age five. The report, Injuries and Deaths Associated with Nursery Products Among Children Younger than Age Five, shows that on average, more than 170 infant deaths were associated with nursery products annually between 2019-2021. Unsafe sleeping environments – such as those that include soft bedding added to the cribs, playpens/play yards or bassinets/cradles – accounted for 126 deaths during that three-year period.  

Read the Report

How The Next Generation Of Managers Is Using Gen AI
September 20, 2024, Harvard Business Review
Only 15% of managers consistently use gen AI, but 40% of business graduate students do. These managers and leaders of the near future will soon enter a workforce that is underprepared for them and poorly designed for them to put their abilities to use. This article explores how organizations should respond. Companies should learn to become a magnet for gen AI-savvy talent, and discover how to best onboard, engage, integrate, and retain the next generation of AI-capable managers.

Congress Moves Forward On Lithium-Ion Battery Legislation
September 19, 2024, JD Supra
Rechargeable batteries used in “micro-mobility devices” are currently not subject to any federal safety standards. According to a report by CBS News New York, defective lithium-ion batteries have allegedly resulted in 400 fires, 300 injuries and 12 deaths between 2019 and 2023 in New York City alone. In March 2023, Rep. Ritchie Torres (D-NY) introduced the “Setting Consumer Standards for Lithium-Ion Batteries Act.” This bill would require the Consumer Product Safety Commission to devise product safety standards for rechargeable lithium-ion batteries within one year of enactment. The product safety standards would include regulations for chargers, cables, battery pack external terminals, micromobility device external terminals, and free-standing recharging stations.

Rising Electric Scooter Accidents In Hungary Prompt Urgent Safety Measures
September 17, 2024, Hungary Today
The rise in accidents involving electric scooters has become a major concern, according to Karolina Molnár, Hungary’s Deputy Secretary of State for Strategic Affairs. Ms. Molnár highlighted that electric scooters, along with pedestrians and cyclists, are involved in a significant portion of accidents. “Experience in recent years has shown that pedestrians, cyclists, and, more recently, electric scooters are involved in around a third to half of all accidents,” she said.

UK: OPSS Issues Safety Alert To Warn Of The Risks Of Water Beads
September 19, 2024, UK.gov
The Office for Product Safety and Standards (OPSS) has issued a Safety Alert to warn of the risks that water beads can pose to children and vulnerable adults. The Safety Alert advises that water beads should be kept away from young children, under 5 years of age, and only used with older children or vulnerable adults under close supervision.

August 2024 Bounty Hunter Plaintiff Claims
September 17, 2024, JD Supra
California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results in a knowing and intentional exposure to one of more than 900 different chemicals. Because Prop. 65 permits enforcement of the law by private individuals (the so-called bounty hunter provision), this section of the statute has long been a source of significant claims and litigation in California. It has also gone a long way in helping to create a plaintiff’s bar that specializes in such lawsuits. This is because the statute allows recovery of attorney’s fees, in addition to the imposition of civil penalties as high as $2,500 per day per violation. Thus, the costs of litigation, and settlement, can be substantial.

CPSC Guide To Flammable Fabrics Act (FFA)
September 2024, cpsc
Enacted in 1953, the Flammable Fabrics Act (FFA) was enacted by Congress to protect individuals from burns, fires, illness, and death as a result of highly flammable clothing. In 1967, Congress amended the FFA to expand its coverage to include interior furnishings as well as paper, plastic, foam, and other materials used in wearing apparel and interior furnishings. Under the FFA, CPSC can issue mandatory flammability standards. The Commission has established standards for the flammability of clothing textiles, vinyl plastic film (used in clothing), carpets and rugs, children’s sleepwear, mattresses, and mattress pads.

Navigating The PFAS Landscape: Emerging Trends In Litigation
September 18, 2024, National Law Review
The per- and polyfluorinated substances (PFAS) landscape is rapidly developing as manufacturers and sellers of consumer products face increased litigation. One emerging pattern is lawsuits alleging a failure to disclose the presence of PFAS in products and the potential targeting of products that advertise to be high quality or natural. Additionally, plaintiffs’ testing for PFAS has come under scrutiny, resulting in dismissals.

Advocacy: China Tightens Standards For Electric Bikes To Enhance Safety
September 19, 2024, Global Times
China’s Ministry of Industry and Information Technology (MIIT) released a draft standard targeting the technical safety of electric bicycles. The standard is intended to improve the fire-retardant performance of bikes and better riding protection for consumers, to preventing the illegal modification of bicycles and to further improve product safety with stepped-up regulations. Compared with the current standard, the draft standard, which is now open for public comments, has made modifications in seven aspects. 

Australian New Product Recall Report As Risks Rise
eptember 20, 2024, Insurance news.com.au
The first Australian edition of Sedgwick’s product recall report shows more than 600 “corrective actions” in the first half of the year across the automotive, consumer product, food and drink, medical device and pharmaceutical sectors. The Recall Index, like editions published for the US and European markets, provides information on trends and developments including regulatory changes. Sedgwick senior VP of brand protection Chris Harvey says commerce and supply chains are interconnected and impacts in different markets affect each other. 

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability, Uncategorized

In the News: Sepatember 16, 2024

Biden Administration Announces New Actions Cracking Down On De Minimis Shipments Of Unsafe, Unfairly Traded Products
September 13, 2024, The White House
The Biden Administration is taking new actions to enforce protect American consumers, workers, and businesses by addressing the significant increased abuse of the de minimis exemption. The administration action, in particular, addresses China-founded e-commerce platforms, and strengthens efforts to target and block shipments that violate U.S. laws. The Administration is using executive authority to stop the abuse of the de minimis exemption. The Administration also calls on Congress to pass legislation this year to reform the de minimis exemption comprehensively to further protect American consumers, workers, and businesses.

New KID report and consumer survey reveal need for improvements in children’s product recall process
September 12, 2024, KID
Kids In Danger (KID), a nonprofit organization dedicated to protecting children by fighting for product safety, released two new reports looking to better assess recall effectiveness. The first report, Recall Reality: Are They Failing our Children?,examines trends regarding the effectiveness of children’s product recalls issued by the Consumer Product Safety Commission (CPSC). Following a product recall, all recalling companies are required to agree to a Corrective Action Plan (CAP). This includes any remedial actions taken to mitigate the potential hazard, including outreach, remedy, and destruction of recalled products. KID’s new report looked at monthly progress reports required by the CPSC to track the recall process and progress of these CAPs.  In a companion report, KID also reviewed survey data on consumer attitudes towards recalls and their response to recall notices. The survey responses, gathered from parents and caregivers, reveal critical gaps in the current children’s product recall process.

Recall Reality: Are They Failing our Children? Report

Consumer Recall Survey

Why Leadership Teams Fail
September 2024, Harvard Business Review Sept-Oct 2024 Magazine
In pursuit of strong performance, CEOs often overlook a critical factor in organizational success: the health of their leadership team. That’s a big problem, because a dysfunctional team can be a serious drag on strategy execution. To learn more about the problems that affect leadership teams, the authors interviewed more than 100 CEOs and senior executives in a multiyear research program. They identified three main patterns of dysfunction: the shark tank; the petting zoo; and the mediocracy. This article helps leadership teams diagnose their dynamic and find ways to improve it

New Batteries Regulation: Taking Stock Of The New EU Battery Requirements
September 11, 2024, Retail & Consumer Product Observer
More than a year ago, the EU Batteries Regulation entered into force.  In approximately one year’s time, the EU Batteries Regulation is set to repeal the 2006 Batteries Directive, with some exceptions. During the 2024 summer, a number of the new requirements under the EU Batteries Regulation have begun to apply.  With these points in mind, it is an opportune time to take stock of the new requirements being phased-in under the EU Batteries Regulation, consider the most recent requirements which begun to apply last month and assess the significant, and growing, impact the EU Batteries Regulation is having more generally.

The Consumer Product Safety Commission Requires Amazon To Notify You Of Recalled Or Defective Products
September 9, 2024, WFMY2 News
When you buy from Amazon, the convenience is there. However, not all products for sale are sold by Amazon. That is a big distinction. Recently, the Consumer Product Safety Commission unanimously determined that Amazon may ultimately be liable for notifying you about unsafe or defective products and providing cash refunds or replacements that were purchased through the Fulfilled by Amazon program. The decision focused on more than 400,000 units of faulty carbon monoxide detectors, noncompliant children’s pajama sets and dangerous hair dryers sold through Amazon’s FBA program. According to the CPSC, all of these are “defective and pose a risk of serious injury or death.”

University Of Cincinnati Report: Shows Scientists Are Getting Clearer Picture Of Impact Of PFAS
September 9, 2024, University of Cincinnati News
PFAS are a large, complex group of synthetic chemicals that have been used in consumer products since the 1950s. Now scientists are getting a clearer picture of just how dangerous these chemicals are. PFAS can cause increased cholesterol levels, lower immunity and some cancers. Now a new study out of the University of Cincinnati shows that exposure to PFAS may impact young girls. “We found that PFAS delayed the onset of puberty,” said Susan Pinney, PhD, professor of epidemiology at the UC College of Medicine. Eighty-five percent of the young girls in the study had measurable levels of PFAS in their blood — impacting the same hormones that delay the onset of puberty, which could in turn make these girls more susceptible to breast cancer, infertility and endometriosis.

CPSC Urges Those In The Path Of Hurricane Francine To Take Steps To Prevent CO Poisoning And Other Post-Storm Hazards
September 11, 2024, cpsc.gov
The Consumer Product Safety Commission is urging those in the path of Hurricane Francine to take steps to protect themselves and their families against carbon monoxide (CO) poisoning, fires and other post-storm hazards. Consumers need to be especially careful when storms knock out electrical power. CO poisoning from portable generators can kill whole families in minutes. 

AHFA Announces First Annual Furniture Safety Week
September 2024, American Home Furnishings Alliance
The American Home Furnishings Alliance (AHFA) announces the first annual Furniture Safety Week will be October 7-11, 2024. This initiative is designed to engage all segments of the home furnishings industry in public conversation about home safety and potential hazards that involve residential furniture.

PFAS In Consumer Products: State Legislative Activity Summer Roundup
September 13, 2024, Arnold & Porter Consumer Products & Retail Navigator
The amount of activity regarding the regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products and packaging is dizzying, and the summer of 2024 offered no reprieve for industry.

CPSC Online Sellers Safety Guide
September 2024, cpsc.gov
Are you a small business owner, handmaking products at home, like stuffed toys and clothing, to sell online? Are you a small importer or drop shipper, bringing into the United States, various kinds of products to sell in online platforms and marketplaces? Are you reselling secondhand goods in online thrift stores or on other third-party platforms? If you said yes to any one of those questions, then you’re in the right place. The CPSC Online Sellers’ Safety Guide offers business owners various resources and information, including helpful FAQs, to help them make, import, or sell safe and compliant consumer products.

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability, Uncategorized

In the News: September 9, 2024

US Safety Commissioners Call For Investigation Into Shein, Temu
September 4, 2024, Reuters
Two leaders of the U.S. Consumer Products Safety Commission are calling for the agency to investigate e-commerce retailers Shein and Temu after “deadly baby and toddler products” were sold on both websites, according to a letter posted on the agency’s website. CPSC Commissioners Peter Feldman and Douglas Dziak want the agency to evaluate how Singapore’s Shein, China’s Temu and other foreign-owned e-commerce platforms comply with its rules, handle relationships with third-party sellers and represent imported products. Shein and PDD Group’s Temu, which both ship cheap merchandise into the U.S. from China, are raising “specific concerns” for the Commission for their use of de minimis, a rule exempting packages valued at $800 or less from tariffs if they are sent directly to shoppers. A Shein spokesperson said the company is investing millions of dollars into strengthening its compliance programs.

Read the Letter

Thousands Of Furniture Tip-Over Kits Recalled In Canada – The Same Kits Already Recalled In U.S.
September 4, 2024, Furniture Today
The same furniture tip-over kits that were recalled in the U.S. last January are now being recalled in Canada. In January, the U.S. CPSC recalled millions of these plastic tip-over prevention kits, stating that the kits could fail and cause furniture to detach from the anchored wall. Health Canada has now recalled the kits for the same reason. The recalled kits, manufactured in Vietnam by New Age Industries, include a plastic zip tie, two brackets and two screws in a white plastic package attached to clothing storage units. They were supplied to furniture manufacturers and importers and sold in U.S. stores from November 2019 until this past January. They also began selling in Canada in late 2019.

When A Coworker You Don’t Like Becomes Your Boss
September 5, 2024, Harvard Business Review
When a colleague you dislike or who dislikes you becomes your new leader, it’s natural to feel anxiety or despair, worry about the fallout, and think about leaving. But five strategies can help you transform this challenging situation into career growth: distinguish your feelings from the facts; shift from ambivalence to active inquiry; acknowledge and bridge personality differences; leverage shared values and desired outcomes; and, if needed, address your conflicts directly.

Get Ready To Comply With CPSC’s Upcoming Efiling Requirement
September 5, 2024, JD Supra
Consumer products regulated by the Consumer Product Safety Commission may soon be denied entry into the United States unless the importer of record electronically files a detailed product certification with the U.S. Customs and Border Protection (CBP). In late 2023, the CPSC published a proposed CPSC rule that will require that importers of regulated consumer products eFile Certificates of Compliance at import. In June, the CPSC expanded its beta program testing the eFiling system and issued an “eFiling Quick Start Guide,” which provided additional information about the program and predicted that “full implementation of eFiling will occur in or around 2025.”

Required Historical PFAS Reporting Poses Risks Going Forward
September 3, 2024, CBIA
The Environmental Protection Agency recently established a one-time per- and polyfluoroalkyl substances reporting rule pursuant to the federal Toxic Substances Control Act (TSCA).  Most companies that manufactured or imported certain PFAS or PFAS-containing “articles” between 2011 to 2022 (even if only once) must submit detailed information about those PFAS subject to the rule, compound by compound, to EPA by May 8, 2025. The rule is broad by design and applies to virtually all manufacturers and importers, even those who may never have had any reporting obligations under TSCA.

CPSC Proposes New Rule For Button And Coin Cell Batteries In Children’s Toys
September 5, 2024, National Law Review
On August 13, 2024, the Consumer Product Safety Commission published a Notice of Proposed Rulemaking (NPR) in the Federal Register proposing new rules for children’s toys containing button and coin cell batteries. This comes fewer than seven months after CPSC adopted the most recent revisions to the mandatory safety standard for children’s toys, ASTM F963, Standard Consumer Safety Specification for Toy Safety (Toy Safety Standard), which became effective in April 2024. The NPR was published less than a year after CPSC finalized regulations under 16 C.F.R. Part 1263 to implement Reese’s Law, Public Law 117-171. Reese’s Law was passed in August 2022 to protect children 6 years old and younger against hazards associated with the ingestion of button or coin cell batteries in other consumer products. 

U.S. Labor Department Introduces Severe Injury Report Dashboard
September 5, 2024, ohsonline.com
OSHA has launched a new online tool designed to enhance transparency and awareness of severe workplace injuries. The Severe Injury Report dashboard offers users an interactive platform to search and analyze data on serious injuries reported by employers in states covered by federal OSHA since 2015. This dashboard allows users to filter and download data by year, industry, state and specific establishment names. It also provides access to the Occupational Injury and Illness Classification System codes, which categorize various types of injuries and illnesses. 

CPSC: Stop Using Safpow And AMPOWSURE Battery Chargers Due Risk Of Serious Injury And Death; No Recall Offered
September 5, 2024, The Auto Channel
The Consumer Product Safety Commission is warning consumers to immediately stop using SafPow SPC-42020 and AMPOWSURE ASP-C10S42020 battery chargers because they pose a risk of serious injury and death. SafPow and AMPOWSURE have refused to conduct a recall. The defective chargers are sold for charging 36-volt lithium batteries in micromobility products and are marketed as “universal” for broad categories of micromobility products. They are not “universal” and can be incompatible with some of the products for which they are advertised. CPSC has received 47 reports of fire or other thermal incidents involving the chargers, including three reports of burn and smoke inhalation injuries and three reports of property damage totaling $100,200.

European Union Closer To Rules Saving Children’s Toys From Toxic Chemicals
September 5, 2024, euro news
New EU-wide rules protecting children have been backed by the European Union Parliament and must now go to inter-institutional negotiations. The Parliament backed a proposal aiming to improve the safety of toys available on the EU market – with a particular focus on substances harmful and toxic for children and the growing risks posed by digital products.  Marion Walsmann, Member of Parliament, is steering the file through Parliament. She said that the current Toy Safety Directive from 2009 is outdated and needs revision, especially with the increasing importance of online marketplaces.  The text proposed by the Parliament reinforces the obligation for manufacturers to include warnings on toys describing potential risks and clarifying target age-groups. 

Australia: More Than 60 Children X-Rayed After Button Batteries Found At Childcare Center
September 5, 2024, abc.net.au
More than 60 children have undergone X-rays after a button battery scare at a Sunshine Coast daycare center. Paramedics received a triple-0 call after remnants of a toy were found at the daycare’s playground with button batteries nearby. Queensland Ambulance Service senior operations supervisor James Mayfield said 64 children were taken by private vehicle to have precautionary X-rays. “Some 60 children were assessed across the Sunshine Coast Hospital and Health Service facilities and had an X-ray performed at those facilities,” he said. “There are currently no confirmed cases of ingestion,” the spokesperson said.

CPSC urges consumers to not buy or use “universal” chargers with micromobility products due to fire hazard
September 5, 2024, cpsc.gov
The Consumer Product Safety Commission urges consumers of micromobility products—including e-bikes, e-scooters, self-balancing scooters (hoverboards), and e-unicycles—not to use chargers that are marketed as “universal” or suitable with general categories of micromobility devices to avoid fires and injury or death, unless they have been tested and approved to work safely with your device. Chargers marketed as “universal” or suitable for general categories of micromobility devices may fit into your device but still be incompatible with it. Each micromobility battery has specific charging needs that require the use of a compatible charger. 

 

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Sustainability, Uncategorized

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.

Posted in Chemical Hazards, Children's Products, Global Developments, Home, Innovation, Organizational Development, Product Liability, Product Safety Rules, Product Standards, Risk Assessment, Supply Chain, Uncategorized