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. 

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.

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. 

Analysis: CPSC Issues Unilateral Recall Press Release Involving “Uncooperative” Retailer Of Smoke Detector
August 22, 2024, JD Supra
On May 16, 2024, the Consumer Product Safety Commission took an unconventional action, unilaterally issuing a recall announcement urging consumers to dispose of CHZHVAN Combination Smoke and Carbon Monoxide Detectors after reports that the detectors failed to alarm in the presence of smoke. The recall press release notes that the seller of the detectors “has not responded to the CPSC or consumers and has been uncooperative in the implementation of the recall.” Traditionally, consumer product recalls are voluntarily conducted by the product manufacturer or retailer in conjunction with CPSC. If a company is unwilling to conduct a voluntary recall, CPSC can use various enforcement mechanisms to pressure the company to agree to recall the product.

Deputy Coroners Praised For Role In US, Canada Product Recall
August 22, 2024, WSPA News
It’s not everyday deputy coroners are honored for saving lives. Two members of the Greenville County Coroner’s Office are being praised for their investigative work, which could very well save thousands of lives, after they brought attention to the dangers of adult portable bed rails. Deputy coroners, Brent Stephens and Robert Parker, spearheaded the Greenville investigations and worked closely with the U.S. Consumer Product Safety Commission to identify the hazards caused by the products. A medical supply company is recalling more than one million bed rails after a number of deaths were linked to Medline’s Bed Assist Bars.

Finding Joy As A Manager — Even On Bad Days
August 22, 2024, Harvard Business Review
When work and life are overwhelming, it can be difficult to reclaim a sense of joy at work. Research has shown the benefits of incorporating joy, hope, and optimism into the workplace to combat burnout and improve well-being. The author recommends four strategies to reconnect with joy at work on your toughest days: 1) Find your why; 2) Embrace a beginner’s mindset; 3) Sprinkle gratitude and joy like confetti; and 4) Fuel your joy.

CPSC Chair Hoehn-Saric To Speak At The Consumer Product Safety Professional Certification Program
CPSC Chair Alex Hoehn-Saric will speak at the Consumer Product Safety Professional Certification Program. The program is hosted by the Society of Product Safety Professionals in collaboration with ADK Information Services. The event will take place virtually on Zoom on Thursday, August 29 at 8:00 AM Eastern Time. 

UK Industry Group Launches E-Bike Positive Campaign To Regain Consumer Confidence
August 22, Cycling Industry News
The UK cycling sector, including industry trade bodies, leading eBike brands, local bike shops and national charities, have joined forces for what is said to be the biggest-ever national campaign to boost electric bike battery safety knowledge, inform more people of the benefits of e-cycling and encourage consumers to buy with confidence. The E-Bike Positive campaign will share the positive effects of e-cycling and equip the UK public to buy safe, charge safe and ride safe on eBikes. The E-Bike Positive campaign will help people identify high-quality, legal eBike products through free resources.

Analysis: Journalists And Social Media Users Are Key Drivers Behind Canadian Product Recall Decisions
August 22, 2024, The Conversation
Canada saw a record 2,330 product recalls in 2023 — more than six per day and the highest since the federal government started releasing the data in 2011. The decision on the number of product units to recall is typically left up to the managers of manufacturing companies. This decision can be influenced by a variety of external pressures. What exactly drives these managers when issuing a recall? Recently published research answers this question, focusing on two stakeholders — journalists and social media users — who, despite having no direct authority over managers, significantly influence recall decisions.

Toxic Forever Chemicals Detected On Kids’ Skin After Playing On Turf Fields
August 22, 2024, ABC News 12
There are new concerns about potential exposure to unseen dangers on artificial turf fields. New research suggests kids may pick up ‘forever chemicals’ on their skin, which could pose health risks. Now, there are calls on the EPA to act, as state and local governments are passing new laws to protect their communities.

Safety Concerns Grow As More Electric Scooters Catch Fire
August 21,2024, The Korea Times
According to experts, concerns are growing over the safety of electric scooters amid a recent surge in electric vehicle battery fires, particularly when scooters are left unattended on sidewalks and at apartment complexes. They warn that while the fire risk is significant, current safety management guidelines for such personal mobility devices are inadequate. Experts emphasize the dangers posed by the batteries used in these devices and stress the need for dedicated systems and regulations tailored specifically to them.

Squeeze Plush Ball Toys Recalled; Membrane Can Rupture
August 22, 2024, KIRO News
The Consumer Product Safety Commission announced the recall of toys sold exclusively at Ace Hardware. The Squeeze Plush Ball monster and Easter toys, manufactured in China and imported by Shawshank LEDz Inc., have glitter in a liquid inside a membrane within the stuffed toy. The membrane can rupture allowing the liquid to splash onto a child’s face and body. In one of two cases of the membrane breaking a child had glitter in their eyes and had to see a medical professional to have it removed, the CPSC said.

Opinion: New U.S. Chamber Of Commerce Report Examines Impacts Of Widespread Pfas Bans On The Economy And Daily American Lives
August 22, 2024, JD Supra
According to the August 15 study by the Chamber of Commerce, widespread bans on fluorochemistries, including PFAS, would significantly impact seven critical sectors of the U.S. economy: specifically aerospace manufacturing, defense equipment and systems, healthcare, energy, mobility, semiconductors, and data centers. Fluorochemistries are indispensable within each of these sectors because of their critical properties that make them durable, efficient, reliable, and, at times, irreplaceable. The Chamber of Commerce report highlights the essential uses, economic significance, and societal benefits of fluorochemistries.

E- Scooter Safety Under The Microscope
August 8, 2024, Alexandria Gazette Packet
E-scooters and e-bikes are part of the transportation equation now and that also means they are part of the road hazard rate too. A Consumer Product Safety Commission study done in late 2023 shows that the injury rate on “micromobility” items like scooters and bicycles goes up each year by about 20 percent. At first look, scooter riders are flawlessly gliding along, steering clear of obstacles without a care in the world, but it’s not that easy. “Studies have shown that first-time riders especially are getting injured,” said the narrator of a Consumer Product Safety Commission video “Scooter Safety 101.”

Analysis: Game Change – Amazon.Com Is Legally Responsible For Third-Party Seller Recalls (For Now)
August 8, 2024, National Law Review
The Consumer Product Safety Commission issued a Decision and Order against Amazon. The CPSC found that Amazon is a “distributor” of third-party products, as defined by the Consumer Product Safety Act (CPSA), and therefore bears legal responsibility for recalls of products sold on the platform. The Commission determined that Amazon failed to notify the public about these hazardous products and did not take adequate steps to encourage its customers to return or destroy them. This decision is now subject to judicial review, which Amazon can seek in a federal district court. Although this case is highly fact-specific, if it is upheld on judicial review, it may have a profound effect on the responsibilities and role of third-party platforms in consumer product safety issues, according to an analysis by Sherwet H. Witherington and Charles A. Samuels of Mintz.

Five Tips For Writing Meaningful Thank-You Notes
August 8, 2024, Harvard Business Review
Thank-you notes are a powerful professional tool for leaders. The author — a senior communications professional at Pfizer — shares her experiences learning about the power of thank-you notes from her high-powered mentor and seeing how it benefitted their business, professional relationships, and personal well-being. She also posits five principles of thank-you note-writing: Take time to reflect; thank those who are often forgotten; be specific; make it matter; and it’s never too late.

Back To The PFuture: Required Reporting Of Historical PFAS Use Poses Risks Going Forward
August 6, 2024, JD Supra
The Environmental Protection Agency recently established a one-time per- and polyfluoroalkyl substances (PFAS) reporting rule pursuant to the federal Toxic Substances Control Act (TSCA). Most companies that manufactured or imported certain PFAS chemicals or PFAS-containing “articles” from 2011 through 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. Virtually every domestic manufacturer and importer of consumer or industrial materials is now subject to this new reporting requirement. The scope and definitions of key terms in the rule (e.g. manufacture) are nuanced and compliance obligations should be evaluated carefully.

Iowa AG Petitions EPA To Prevent California From Requiring A Warning Label On Weedkiller
August 8, 2024, Des Moines Register
Iowa and California, which have warred over the coastal state’s regulations on pork and egg production, are girding for battle again, this time over the California’s efforts to require warnings labels on a popular weed killer. Iowa, Nebraska and nine other states filed a petition with the U.S. Environmental Protection Agency, asking it to adopt a rule preventing states like California from adding warning labels to chemicals that exceed the federal agency’s findings about their potential hazards.

Australian Authorities Warning Two Children’s Products Could Cause Severe Injury Or Death
August 6, 2024, 9news.com.au
A safety warning has been issued for two baby products that could cause severe injuries or even death. The Australian Competition and Consumer Commission is investigating the safety of aftermarket children’s car seat head straps and baby bottle self-feeding devices following reports of consumer safety concerns.

Maine Seeks Comments On Concept Draft Language For PFAS In Products Rule
August 7, 2024, National Law Review
The Maine Department of Environmental Protection (MDEP) announced on August 5, 2024, that its Per- and Polyfluoroalkyl Substances (PFAS) in Products Program has developed new concept draft language to implement the recently amended Title 38, Section 1614, the section addressing PFAS in products. MDEP has made the concept draft language available for an informal outreach process until August 30, 2024. After the informal outreach process, MDEP plans to proceed with rulemaking in fall 2024. According to MDEP, there will be an opportunity for public comment on a proposed draft rule during the rulemaking process.

Boeing Workers Allege Culture Of Rushed Work, Low Safety Standards
August 6, 2024, Supply Chain Brain
Two days of planned testimony spanning 20 hours included executives with Boeing and its supplier Spirit AeroSystems. Part of that also included the release of hundreds of pages of interview transcripts from workers with both Boeing and Spirit, who described a culture of rushed work, low safety standards, and frequent discord between the planemaker and supplier. 

EPA Strengthens The Safer Choice Standard For Commercial And Household Cleaning Products
August 8, 2024, U.S. EPA
The U.S. Environmental Protection Agency finalized updates to strengthen the Safer Choice and Design for the Environment (DfE) Standard, which identifies the requirements that products and their ingredients must meet to earn EPA’s Safer Choice label or DfE logo. These updates strengthen the criteria products must meet to qualify for the voluntary Safer Choice label, supporting the use of safer chemicals in the marketplace. The Safer Choice program makes it easier for consumers and purchasers for facilities like schools and office buildings to find cleaners, detergents and other products made with safer chemical ingredients. Similarly, the DfE program helps people find disinfectants that meet high standards for public health and the environment.

Guitar String Lubricant Recalled For Skin Irritation Risk
August 8, 2024, WPIR.com
More than 21,000 cans of guitar string lubricant are being recalled due to a skin irritation risk, according to the Consumer Product Safety Commission. The Finger-Ease Guitar String Lubricant is believed to be contaminated. There has been one report of minor skin irritation. The guitar string lubricant is a clear aerosol spray sold in a white steel can with a black cap.

Dollar Tree To Reform Children’s Products Testing Nationwide Following Washington State AG Investigation
August 1, 2024, Big Country News
In response to an investigation by Washington State Attorney General Bob Ferguson, Dollar Tree has agreed to implement new testing procedures for children’s products and pay $190,000. This after findings revealed school supplies sold by the retailer contained illegal levels of toxic heavy metals, lead, and cadmium. This legally binding resolution, filed in King County Superior Court, aims to prevent future occurrences of unsafe children’s products reaching consumers. The investigation, led by the Washington state Department of Ecology, discovered that various children’s bracelets and pencil pouches sold at Dollar Tree stores in Washington contained more than four times the legal limits for lead and cadmium.

EU AI Act Comes Into Force: Understanding The World’s First Artificial Intelligence Law
July 31, 2024, The Stack
The European Union’s historic AI Act is now in force. Termed the “world’s first comprehensive AI law,” it is likely to set the tone for similar policies across the globe. The goal is to ensure that AI systems used in the EU are safe, transparent, traceable, non-discriminatory, and environmentally friendly. The legislation works on the principle that “AI systems should be overseen by people, rather than by automation, to prevent harmful outcomes.” The AI Act includes all AI providers, deployers, importers, distributors, and product manufacturers working within the EU and those outside the region if the system’s output is intended to be used in the EU.

How To Ask For Help Without Making Yourself Look Bad
August 1, 2024, Harvard Business Review
In a work world that values ownership and personal initiative, many assume that asking for direction or seeking clarification will make them look incapable, or worse, will prove to others — and themselves — that they have no idea what they’re doing. Asking for help without appearing weak requires a delicate balance of convening vulnerability and strength. In this article, the author offers advice on how to ask for help from a position of strength — and how to get what you need without making yourself look bad. 

CPSC: Disable Biometric Feature On Owsoo And C Acagoo Biometric Gun Safes Due To Serious Injury Hazard And Risk Of Death
August 1, 2024, cpsc.gov
The Consumer Product Safety Commission is warning consumers about the risk of serious injury or death posed by Owsoo or Cacagoo branded biometric gun safes sold on Amazon.com and Walmart.com. CPSC evaluated these safes and found that the biometric programming feature can fail and open to any fingerprint without consumer awareness. The agency is aware of six reports of the safes being accessed with unauthorized fingerprints. The gun safes were sold by various sellers based in China. Foreign sellers of the safes contacted by CPSC have not been responsive to requests for a recall. 

Consumer Reports Comments To The CPSC On The Proposed Safety Standard For Bassinets And Cradles
August 1, 2024, Consumer Reports
As a foundational infant product, a bassinet is often one of the first products that parents purchase for their new baby. It is designed to provide babies with a safe sleep environment for the first months of their lives. Parents and caregivers should always be able to trust that the bassinet they choose meets strong standards that align with evidence-based safe sleeping practices, which include placing a baby alone, on their back, on a firm, noninclined surface in a safe sleep environment without soft objects or loose bedding.

Amazon Product Safety Ruling Reignites Trading Standards Warning About Safety Of Products Sold Online
August 1, 2024, WiredGov
A stark warning was issued by Trading Standards in the wake of the ruling made in America by the Consumer Product Safety Commission for Amazon to recall over 400,000 products. The CPSC has ruled that the online marketplace should be responsible for the safety of the products sold by third-party sellers. Currently under UK law online marketplaces are not responsible for the safety of goods sold by third-party sellers on their platforms and this is a concern that has been highlighted by the Chartered Trading Standards Institute (CTSI) in their recent report “Mind the Gap Between the Chain and the Platform.” Trading Standards Officers in London are now so concerned about the safety of products like toys and electrical items being sold by online platforms that they are issuing a stark warning – don’t take the risk, think extremely carefully before buying from platforms. 

New EU Rules Encourage Repair Of Goods
August 1, 2024, EUReporter
A new EU Directive to promote the repair of goods has entered into force. The new rules encourage more sustainable consumption by making it easier to repair faulty products and encouraging consumers to repair their faulty products rather than replacing them. This Directive will benefit consumers by avoiding the costs of buying new products, and will lead to less waste, less resources and less greenhouse gas emissions. Member states now have until 31 July 2026 to transpose the Directive into their national law.

CPSC Says Stop Using These Smoke/Carbon Monoxide Detectors
July 31, 2024, Family Safety&Health
The Consumer Product Safety Commission is warning people not to use various combination smoke and carbon monoxide detectors that can “fail to alert consumers to the presence of smoke.” An agency press release urges against the use of models JKD512 and JKD512-COM, sold under brand names including Juzhiann, YANLOYZW, JIKAIDA and Yieryi. The products don’t meet UL’s voluntary safety standards covering smoke alarms, the CPSC says, and may not sound an alert during a fire. Product importer Shenzhen Juzhian Electronics Co. Ltd. hasn’t responded to the CPSC’s request for a recall, the agency says.

2024 Implications For Manufacturers As EPA Executes On Its PFAS Strategic Roadmap
July 31, 2024, National Law Review
In 2021 the Environmental Protection Agency (“EPA”) issued its strategic roadmap to address a broad group of thousands of manmade chemicals known as per- and polyfluoroalkyl substances (“PFAS”). So far in 2024, EPA has taken a number of steps to execute on the goals of its 2021 roadmap. Among those steps were finalizing designation of certain PFAS as “hazardous substances,” and proposing a rule for defining certain PFAS as “hazardous constituents.” The breadth of EPA’s rules and guidance is far reaching as the manufacture and use of PFAS are not limited to small or discrete sectors of regulated industry. The imposition of restrictions and limits on PFAS are likely to have broad implications for manufacturers all along the supply chain.

Current Trends In Legislation – June & July 2024
August 1, 2024, National Law Review
An overview of federal legislation and regulations, state legislation and regulations introduced and passed.

Industry Coalition Calls For UK Government To Urgently Legalize E-Scooters
July 31, 2024, ZAG Daily
An industry coalition has signed an open letter pressing the UK government to urgently legalize e-scooters. Organized by shared transport charity CoMoUK, the letter to Transport Secretary Louise Haigh and her ministers says providing e-scooters with a legal class is the only solution for “entirely unregulated” private e-scooters. The open letter, signed by 14 organizations, comes after the latest King’s Speech again found no mention of micromobility legislation. CoMoUK Chief Executive Richard Dilks said: “As we said at the time of the King’s Speech, it is disappointing that the new government has not addressed the issue of e-scooter legalization more swiftly. We believe that legislation is the only way to give this form of micromobility – which has proved extremely popular both in the English shared e-scooter trial schemes and abroad – a long-term future.”

Committee Chair McMorris Rodgers On Budget Allocation: It’s Important Bipartisan Legislation
House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and House Energy and Commerce Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL) delivered the following opening remarks at a recent hearing titled “The Fiscal Year 2025 Consumer Product Safety Commission Budget.” 

Read Chair Rodgers’ Remarks

Read Chair Bilirakis’ Remarks

Advocacy: National Association Of Manufacturers (NAM) Calls For Oversight On The CPSC
July 25, 2024, NAM Newsroom
Manufacturers have long been partners of the Consumer Product Safety Commission—working with the agency to keep the public informed and protected—but a lack of transparency at the CPSC in the past few years has stymied businesses’ attempts “to understand how [they] will be regulated,” the NAM told the House Energy and Commerce Subcommittee on Innovation, Data and Commerce. NAM has regularly called for congressional oversight of the CPSC in recent years. Ahead of the “Fiscal Year 2025 Consumer Product Safety Commission Budget” subcommittee hearing, NAM highlighted several areas of concern for legislators to address.

6 Ways To Bring Strategy Into Your Work Every Day
July 12, 2024, Harvard Business Review
Business leaders are expected to be strategic, and while organizational obstacles can prevent you from translating intent into strategic actions, so can your personal limitations and practices. It doesn’t have to be this way. Small decisions about where to focus and what to do throughout your day may feel inconsequential, but their impacts accumulate. Master those small decisions and before you know it, you’ll overcome the obstacles as you pursue your strategy with greater clarity, determination, and ultimately success. The author presents six ways to incorporate strategy into your daily practices.

Authorities Go For Gold On Fake Fashion Enforcement As Paris Olympics Begin
July 26, 2024, Retail & Consumer Product Law Observer
France is ramping up its enforcement efforts against counterfeit fashion as the 2024 Paris Olympics open. The French government has placed notices at its airports, warning consumers of the significant penalties they may face from buying and wearing counterfeit clothing and accessories. It has also conducted raids on vendors selling counterfeit items. In a January 2024 report, the European Union Intellectual Property Office estimated that genuine fashion companies in the European Union lost an average of almost 12 billion euros annually from 2018 to 2021.

U.S. Injuries From Electric Bikes, Scooters Are Soaring
July 23, 2024, HeallthDay
More and more Americans who use “micromobility” transport, such as electric bikes and e-scooters, are motoring their way straight into the ER, new data shows. In fact, the rate of e-bike injuries among Americans doubled each year between 2017 and 2022, reported a team led by Dr. Adrian Fernandez of the University of California, San Francisco. This steep rise in accidents “underscores an urgent need for added safety measures,” Fernandez said in a UCSF news release. His team published its findings July 23 in the journal JAMA Network Open. Fernandez and colleagues used data from Consumer Product Safety Commission’s National Electronic Injury Surveillance System for 2017 through 2022.

Australian Government Backs New Infant Product Safety Standards
July 24, 2024, Mirage News
Prime Minster Albanese’s Government has implemented the Australian Competition and Consumer Commission’s (ACCC) recommendation to make new mandatory safety and information standards for infant sleep products. The ACCC estimates that parents tragically lose ten babies every year due to unsafe sleeping and inclined non‑sleep products in Australia. The Government’s new mandatory standards will aim to reduce the risk of death and injury to young children. This announcement follows extensive consultation with industry groups, state and territory governments, consumer groups, and safety experts.

Can Safety Professionals Learn From An Analysis Of Boeing’s Safety Culture?
July 25, 2024, shponline.co.uk
Boeing has been in the spotlight over the safety record of its Boeing 737 Max aircraft since 189 passengers and crew died in a Lion Air flight, Just six months later, an Ethiopian Airlines 737 Max crashed killing 157 people. Both incidents involved anti-stall software that could override pilots and force the aircraft downwards. All Boeing Max aircraft were grounded for 20 months while safety enhancements were made. Since then, Boeing’s safety culture has been receiving a great deal of scrutiny, principally from the Federal Aviation Administration. In March 2023 an expert panel convened to assess Boeing’s safety standards under the Aircraft Certification, Safety and Accountability Act. In February 2024, the FAA released the expert panel’s report. It found a “disconnect” between Boeing’s senior management and other members of the organization on safety culture. Interviewees also questioned whether the company’s safety reporting systems functioned “in a way that ensures open communication and non-retaliation”. The panel also found inadequate and confusing implementation of the five components of a positive safety culture (reporting culture, just culture, flexible culture, learning culture and informed culture).

CPSC: Stop Using Zonli Home Baby Loungers Due To Suffocation, Fall And Entrapment Hazards; Violations Of Federal Safety Regulations For Infant Sleep Products; No Recall Or Remedy
July 25, 2024, cpsc.gov
The Consumer Product Safety Commission is warning consumers to immediately stop using and dispose of ZonLi Home Baby Loungers because they pose suffocation, fall and entrapment hazards for infants. The baby loungers violate federal safety regulations for Infant Sleep Products because the sides are too low to contain the infant; the sleeping pad is too thick, posing a suffocation hazard; an infant could fall out of an enclosed opening at the foot of the lounger or become entrapped; and the loungers do not have a stand, posing a fall hazard if used on elevated surfaces. These violations create an unsafe sleeping environment for infants. CPSC issued a Notice of Violation to a seller of the ZonLi Home Baby Lounger of China, doing business as Sarah-Home and Kuang JinLong. The firm has not agreed to recall these loungers or offer a remedy.

 Online Sellers Already Pulling Out Of Northern Ireland Market Over New EU Regulations Coming Later This Year 
July 26, 2024, News Letter
The partitioning of United Kingdom’s internal market under the Windsor Framework looks set to throw up a new set of problems for Northern Ireland consumers before the end of the year. This, as new EU product safety rules come into force here but not in Great Britain.

Customers Asked To Destroy Recalled Toy Guns Sold On Temu
July 26, 2024, KSNT
The Federal health officials are urging people who bought a type of toy gun off Temu.com to take action immediately. The Consumer Product and Safety Commission (CPSC) issued a recall for Victor Electric Folding Soft Bullet Toy Guns. The toys are being recalled as they fail to meet federal safety standards such as lacking a blaze orange tip which is a mandatory requirement to help people tell the difference between toy guns and real guns. The toy guns also pose an eye injury hazard to children.

Important Product Safety Regulation Changes On The Horizon For Businesses In The UK
July 23, 2024, JD Supra
The new UK Government has unveiled the Product Safety and Metrology Bill, a critical piece of legislation that will affect all businesses involved in manufacturing, importing, and selling products in the UK. Announced as part of the King’s Speech on 18 July 2024, this legislation will seek to protect UK consumers as technology rapidly advances while also supporting business, to help deliver on the new Government’s growth agenda. With a raft of new consumer protection legislation being implemented in the EU, the Bill will provide the UK with the mechanism to align or diverge, depending on what is considered best for UK consumers and businesses.

UK King’s Speech 2024: New ‘Product Safety Bill’ Seeks To Address E-Bike Battery Fires
July 18, 2024, ZAG Daily
A new ‘Product Safety and Metrology Bill’ announced in the King’s Speech seeks to address the fire risks associated with e-bikes and lithium-ion batteries in the UK. The King’s Speech sets out the new Labor government’s legislative priorities following the party’s general election victory. Since 2020, there have been over 190 injuries and at least 13 deaths in lithium-ion battery fires, and the UK is currently experiencing nearly one e-bike or e-scooter fire per day. This Bill will give the new government powers to ensure a continued supply of safe goods into the UK market and provide more regulatory stability and protection for consumers. 

First Ever Consumer Product Safety Pulse Report Reveals Essential Insights On Consumer Recall Behavior
July 18, 2024, West Virginia News
The release of its first ever Consumer Product Safety Pulse Report by Sedgwick’s Brand Protection division is backed by a comprehensive survey of over 2,000 consumers across North America and Europe and offers insights on consumer attitudes, expectations, behavior and perception related to product safety. The consumer product safety pulse report highlights communication biases and motivators for consumer response to recall events as well as the potential reputational impact to brands. While the survey primarily focused on consumer products, the lessons derived are applicable across industries to help manufacturers and retailers enhance the effectiveness of product safety communications, recall strategies and customer retention. 

When Your Team Offloads Their Stress Onto You
June 11, 2024, Harvard Business Review
Being a leader in today’s evolving workplace is more emotionally demanding than ever — and especially so if you’re quietly sustaining the emotional well-being of your team or others. In this article, the author outlines five strategies to help you perform this vital organizational role without burning yourself out: 1) Seek to understand — not to feel. 2) Install boundaries. 3) Savor your positive impact. 4) Show yourself equal care. 5) Tie your contributions to performance.

CPSC Import Shipment Tracking Tool
July 2024, cpsc.gov
This 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). Using this tool will allow you to see your shipment’s status and the remaining time left for CPSC to review the shipment. 

Bissell Recalls More Than 3.5 Million Steam Cleaners Due To Burn Risk
July 18, 2024, CBS News
Bissell is recalling more than 3.5 million steam cleaners sold across the U.S. and in Canada because the handheld products can spew hot water or steam, potentially burning users, the company said in a notice posted by the Consumer Product Safety Commission. Bissell has received 183 reports of hot water or steam escaping from the product, including 157 reports of minor burn injuries, according to the recall. Manufactured in China, the steamers were sold online and in stores including Amazon, HSN (formerly known as Home Shopping Network), Target and Walmart from August 2008 through May 2024, according to the recall notice. This follows the April recall of more than 2 million Black+Decker garment steamers blamed for scalding dozens of users.

June 2024 Bounty Hunter Plaintiff Claims
July 17, 2024, JD Supra
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. The purpose of this article is to provide an idea of the ongoing trends in bounty hunter activity.

New Commissioner Douglas Dziak Announces On Addition To Senior Staff
June 10, 2024, cpsc.gov
CPSC Commissioner Douglas Dziak announced the first member of his staff. Dana Smullen has joined Commissioner Dziak’s team as Senior Policy Advisor. Dana has over a decade of experience working in Congress on health care, early childhood and education issues, senior services, and federal workforce improvement for Senator George V. Voinovich and Congressman Steve Chabot.

The Ever-Growing Increase Of EU And UK Product Safety Related Requirements And Enforcement Activity
July 18, 2024, JD Supra
In recent years, the EU and UK have significantly heightened their focus on product safety requirements. This increase in new (or at minimum, extended) legislation in both the EU and UK, aimed at ensuring only safe products are placed on these markets, in turn heightens the risk of regulatory scrutiny. This is made all the more complex for companies trying to navigating the various requirements at play, by the ever-growing notion of what is meant by a ’product’, as well as what ‘safe’ means in this context.

Marine Manufacturers Association Supports California’s Proposed Prop. 65 Changes
July 18, 2024, Boating Industry
The National Marine Manufacturers Association (NMMA) submitted comments to California’s Office of Environmental Health Hazard Assessment (OEHHA) in response to its proposed changes to Proposition (Prop) 65 short form warning requirements. For several years, NMMA and its members have been working with the California regulator to provide clarity around the labeling proposal and its impact on the recreational boating industry. NMMA has been working with OEHHA since 2021 to develop a more targeted approach to marine products since they originally proposed changes to the Prop 65 short form warning label. In its new proposal, OEHHA includes “safe harbor language” for recreational marine vessel parts and offers clarity and consistency for Prop 65 warnings for products sold online – both of which were top priorities for the industry.

Boeing Case Puts A Spotlight On Plea Agreements Involving Corporate Defendants
July 18, 20244 MyNorthwest
After two jetliner crashes killed 346 people, a $2.5 billion settlement that let Boeing avoid criminal prosecution failed to resolve questions about the safety of the aerospace giant’s planes. Federal prosecutors now accuse the company of failing to live up to terms of the 2021 settlement. Boeing has agreed to plead guilty to a felony fraud charge in a new deal with the Justice Department. The department hopes to file the detailed plea agreement Friday, but says it may need “a few more days.” Experts on corporate behavior say whether the new agreement has a more lasting impact on safety than the earlier settlement could come down to how much power is placed in the hands of an independent monitor who is assigned to oversee Boeing for three years. Prosecutors made the appointment of such a monitor a condition of the plea deal, which also calls for Boeing to pay a new $243.6 million fine.

The What, How, And Why Behind Industry Standards
July 2024, Association of Equipment Manufacturers
Standards look to provide guidance and establish safety and performance requirements, and there are many reasons why society needs them. They protect people, our communities, and the environment – and in the product safety field, employees live and breathe standards. However, it’s easy to confuse industry standards with industry regulations, and for good reason.  Standards are technical documents and are consensus driven but they are not unanimous. They are created by experts in their fields. And in the United States, compliance with standards is voluntary. Regulations have specific requirements that companies must follow, and they may also reference standards. They are required by law, and they are overseen by federal, state, and/or municipal authorities. 

Leachco Wins Round One: Administrative Law Judge Hands CPSC Complaint Counsel Loss In Rare Litigated Recall Matter
July 9, 2024, Arnold & Porter
In a rare litigated recall case initiated by the  Consumer Product Safety Commission, only the third case in the last two decades to reach a merits decision by an administrative law judge (ALJ), the presiding ALJ has ruled that CPSC Complaint Counsel did not prove by a preponderance of the evidence that the product at issue presents a substantial product hazard as defined by the Consumer Product Safety Act and that a recall is therefore warranted. While Complaint Counsel may appeal this initial win for the litigating company, Leachco, Inc., the result may nevertheless prompt some companies to consider more seriously the option of rejecting recall requests from the agency when warranted by the facts and a careful analysis of the costs, benefits and risks in either path.

New York Gov. Hochul Signs Bills Aimed At Preventing E-Bike Battery Fires
July 11, 2024, Spectrum 1 News
Gov. Kathy Hochul signed a package of bills aimed at reducing the risk of e-bike battery fires. The legislation focuses on e-bike, e-scooter and moped safety standards, as well as the sale, storage and charging of lithium-ion batteries. “Today, we’re taking the first steps to extinguish the scourge of lithium-ion battery fires here in New York City,” Hochul said at a news conference in Manhattan. “Today is a win for consumer safety, it’s a win for public safety, and no one should ever, ever, worry that an e-bike they use to make a living is also putting themselves, their families and their neighbors in harm’s way.”

Research: New Hires’ Psychological Safety Erodes Quickly
July 11, 2024, Harvard Business Review
Across industries, from manufacturing to health care, the luxury of waiting years to benefit from new talent is long gone. Thriving in today’s dynamic economy means bringing new hires up the learning curve faster than ever. Yet, the authors’ latest research suggests one catalyst for learning is often lacking when it’s needed most: psychological safety. They show why newcomers are vulnerable to this loss and present strategies to help preserve their early willingness to speak up.

Who’s Behind The CPSC Commissioners: Understanding The Organization Chart At CPSC
July 2024, cpsc.gov
Every year consumer products are involved in thousands of deaths and millions of injuries. In recent years, there were nearly 51,000 deaths (2019) and 28.5 million medically treated injuries (2020) associated with consumer products. The Consumer Product Safety Commission (CPSC) is charged with protection of consumers from injuries and deaths due to consumer products that present unreasonable risks. In this regard, the organization chart of the agency is useful to all CPSC staff. It’s also important to regulated companies, its employees, and its consultants, all of whom are responsible for the safety of products that consumers purchase. The more effective they are in understanding the CPSC, its mission and its structure, the more likely they are to have more favorable outcomes. This organizational chart is a good place to start.

A Proposed Class Action Makes Clear That No Product Is Exempt From PFAS Litigation
July 10, 2024, National Law Review
Two consumer companies were hit with a class action regarding fragrance-free baby wipes. Plaintiffs alleged that the products contain 3.7 parts per billion of per- and polyfluorinated substances (PFAS), otherwise known as “forever chemicals.” The plaintiffs allege that although the baby wipes are advertised as “made with Naturally Derived Ingredients,” testing conducted by the plaintiffs’ counsel at an independent laboratory revealed the wipes contain 3.7 parts billion of the “forever chemicals.” This proposed class action, which involves Costco and Nice-Pak Products, Inc., is yet another example of the uptick in lawsuits against manufacturers and retailers involving allegations that products contain unsafe (or any) amounts of PFAS.

More Than 68,000 Temu Pajama Sets Recalled For Violating Federal Flammability Standards
July 11, 2024, WRAL News
Several different kids’ pajamas sold on Temu are being recalled because they violate federal flammability standards. A total of more than 68,000 pajama sets, made by three manufacturers, are covered under the recall from the Consumer Product Safety Commission. The manufacturers include Fashion Online Juvenno Kids and Lovely Angel all of China.

Commissioner Peter A. Feldman On New Addition To Senior Staff
July 8, 2024, cpsc.gov
Peter A. Feldman, Commissioner of the Consumer Product Safety Commission announced a new addition to his senior staff.  Nicole Brightbill joined Commissioner Feldman’s office on July 1 as Chief Counsel. Ms. Brightbill most recently served as Principal Deputy Special Counsel in the U.S. Office of Special Counsel. “Nicole brings a strong record of public service and legal expertise to CPSC,” said Feldman.  “The agency will greatly benefit from her experience, and I am excited to have her join my office.” he continued.

Ladder Of Learning: Simplifying Product Safety Management Education
June 30, 2024, EIN PressWire

‘Forever Chemicals’ Ban Could Impact Millions Of Americans
July 10, 2024, Newsweek
Pennsylvania has proposed a ban on the use of “forever chemicals” in a variety of products. The proposed House Bill 2238, which has not yet been passed, hopes to outlaw the use of PFAS chemicals in cleaning products, carpets, cookware, cosmetics, dental floss, food packaging, infant and children’s products, menstrual products, and textiles, among others, by 2027. “Because of the ubiquitous presence of PFAS in our environment, including water, soil and food, almost the entire population is exposed on a daily basis and it is thus difficult to completely avoid exposure,” Maaike van Gerwen, director of research for the Department of Otolaryngology at the Icahn School of Medicine at Mount Sinai, told Newsweek.

Rhode Island Joins The Fray, Banning PFAS In Numerous Consumer Goods
July 11, 2024, JD Supra
Joining the ranks of California, Maine, New York, Colorado, Minnesota, and Washington, Rhode Island has officially finalized a ban on the manufacture, sale and distribution of numerous products (as well as Class B firefighting foam) containing per- and polyfluoroalkyl substances (“PFAS”).  H7356 (a/k/a ​“Consumer PFAS Ban Act of 2024” or ​“the Act”) was introduced in the Rhode Island House in late-January. Effective January 1, 2027, no person will legally be able to manufacture, sell, offer for sale or distribute in Rhode Island any ​“covered product” that contains ​“intentionally added” PFAS. ​“Covered products” include carpets or rugs, cookware, cosmetics, fabric treatments, juvenile products, menstrual products, ski wax, and textile articles. The same goes for artificial turf and outdoor apparel for severe wet conditions, unless accompanied by a ​“legible, easily discernable disclosure” including the following statement: ​“Made with PFAS chemicals.”

Analysis: The Supreme Court’s Latest Rulings On Administrative Agencies: Implications For ‎Consumer Product Companies
July 11, 2024, JD Supra
In the final week of this year’s Supreme Court term, the Court issued several decisions that alter the role of federal agencies in the way laws are interpreted and enforced, and thus the way that business will be done in the U.S. These include: Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce,Securities and Exchange Commission v. Jarkesy and Corner Post v. Board of Governors of the Federal Reserve System.