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Volume 41 - Number 5

January 30, 2012

 
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Product Safety Letter
View the entire issue in PDF format.

Obama Nominates Robinson to CPSC
Marietta S. Robinson, a Michigan trial attorney, is President Barack Obama’s choice to fill the vacant commission slot.

Glass Fireplace Makers Seek CPSC Help in Education Efforts
Representatives of the gas fireplace industry January 25 sought CPSC aid in education efforts aimed at burns from glass fronts.

HP Settles for $425K; Adler Rejects Amount as Too Small
CPSC members January 19 voted 3-1 to accept provisionally an agreement by which Hewlett-Packard (HP) will pay $425,000 to settle agency allegations it did not report incidents in a timely manner.

Conspiracy Charges Target Importation of Violative Toys
Two Florida residents, and associated companies, face federal conspiracy charges related to allegations of smuggling toys and other children’s products with violative levels of lead and small parts.

Tenenbaum Promotes Safety Design in China
CSPC’s Chairman Inez Tenenbaum’s recent trip to China included focus on the design aspects of product safety and on training manufacturers on U.S. safety requirements.

White House Gives Advice on Federal Standards Work
The White House January 17 outlined the preferred approach federal agencies should take when participating in voluntary standards activities.

ECHA Gives Product Labeling Advice
The European Chemicals Agency (ECHA) January 23 recommended two practices for communicating chemical risk information on product packaging.

County Nets $350K in Prop 65 Settlement from Daiso
Daiso will pay $350,000 to settle a Proposition 65 case brought by California’s Alameda County.

CPSC Briefs
Briefs on safety closures, toys, CPSC data, recalls, meetings

Standards & Testing Briefs
Briefs on smart grid, child safety, pole vaults, sports concussions, ASTM board, ASTM standards, UL standards

Research Brief
Brief on childhood drowning

Industry Briefs
Briefs on cribs, sustainability

Foreign & International Briefs
Briefs on recalls, RAPEX.

Two Reviews of CHAP Work Might Precede Any CPSC Proposal
from the January 23, 2012 issue
Results of the phthalates appraisal by the chronic hazard advisory panel (CHAP) could be doubly reviewed before CPSC issues a notice of proposed rulemaking (NPR), according to agency staff January 17.

Commission Briefing Focuses on Infant Swing Proposal
from the January 23, 2012 issue
Commissioners January 18 showed high interest in a staff briefing on infant swings.

Products Involved in About 50 Electrocutions per Year
from the January 23, 2012 issue
Consumer products were associated with an average of 53 electrocution deaths a year from 2006 to 2008, based in annual estimates, according to data made available January 18 by CPSC.

EPA OIG Says Agency Must Handle Nanotech Better
from the January 23, 2012 issue
The Environmental Protection Agency (EPA) needs to come up with better ways of handling information related to the potential health and safety effects of nanotechnology, its inspector general office (OIG) said January 12.

EPA and California Sign MOU on Product Ingredients
from the January 23, 2012 issue
The Environmental Protection Agency (EPA) and California’s Department of Toxic Substances Control (DTSC) January 12 signed a memorandum of understanding (MOU) aimed at cooperation in the state’s effort to push for alternatives to certain chemicals in consumer products.

Gel Fuel Maker Tells CPSC It Is Open to Firepot Ban If No Fix
from the January 16, 2012 issue
A maker of gel fuels and ventless fireplaces January 9 told CPSC commissioners it supports creation of voluntary standards for open-flame firepots and even a potential ban.

Non-Fire CO Incidents Led to About 189 Deaths in 2008
from the January 16, 2012 issue
There were some 189 unintentional, non-fire carbon monoxide (CO) poisoning deaths associated with consumer products in 2008, according to CPSC estimates made available January 10.

Section 104 Switch for Infant Swings Targets Numerous Changes
from the January 16, 2012 issue
CPSC staffers want changes in many areas of ASTM’s infant swing standard as part of a draft Notice of Proposed Rulemaking (NPR) on a CPSIA Section 104 switch for the products.

Electronics Top CBP Fakes Seizure; Toys Rise in Safety Group
from the January 16, 2012 issue
Consumer electronics in 2011 gained the top spot among products grabbed as counterfeits by Customs and Boarder Protection (CBP).

CPSC to Release Import Numbers Regularly
from the January 16, 2012 issue
CPSC January 9 committed to publishing regularly the results of its import activity.

CPSC Adds One Voluntary Standards Project
from the January 16, 2012 issue
CPSC staff in fiscal 2011 worked on 60 voluntary standards projects.

January 31, 2012

GENERAL INTEREST

How To Innovate While Protecting Public Safety?
New Haven Independent (New Haven, Conn.(
Joining a chorus of concern about the long-term implications of products that include super-small particles, an all-star National Academy of Sciences panel is pushing for prioritizing research on the health and environmental effects of nanomaterials.

NRC Report Calls for New Nano Safety Research Strategy
Science (Washington, D.C.)
Despite billions of dollars spent on nanotechnology research and development over the past decade, the human and environmental safety of nanomaterials remains unclear.


CLOTHING & FOOTWEAR

Crocs Dangerous to Kids, OC Lawsuit Claims
Orange County Register (Santa Anna, Calif.)
A Westminster couple is suing Colorado shoemaker Crocs Inc., claiming their 4-year-old daughter lost her little toe while wearing the soft clogs in an escalator accident at the Westminster Mall.


FURNITURE

Is Bedsharing Dangerous for Infants? DCFS Says 'Yes'
Chicago Daily Herald (Chicago, Ill.)
As she had done so many times before, Kakuna Smith placed her 11-week-old daughter, Kamilah, beside her on the bed and went to sleep.


HOUSEHOLD CHEMICALS & CLEANING PRODUCTS

Household Chemicals Can Make Vaccines Less Effective
Modern Medicine (Santa Monica, Calif.)
Common household chemicals such as those found in nonstick cookware, food packaging, and fabrics—even microwave popcorn bags—can reduce the immune response to routine childhood immunizations.

Common Household Chemicals Tied to Immune Problems in Kids
Fox News (New York, N.Y.
Children exposed to chemicals from food packaging and textile products may have compromised immune systems, researchers said Tuesday.


LIGHTERS, CANDLES, ETC.

Statehouse Sparks Debate about Novelty Lighters Bill
Indiana Daily Student (Bloomington, Ind.)
A bill to ban toy-like novelty lighters in Indiana is currently working its way through the Indiana House of Representatives.
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January 30, 2012

GENERAL INTEREST

Federal Regulators Have Failed to Act on Toxic Chemical, Report Says
Huffington Post (New York, N.Y.)
Despite growing fears over the health effects of a chemical found in many baby bottles and a host of other products, federal regulators have done little to protect the public, according to a new report from a nonprofit research group.

Obama to Nominate University of Michigan-Flint Alumna to Federal Agency Leadership Role
Flint Journal (Flint, Mich.)
A University of Michigan-Flint alumna will be nominated by President Barack Obama to a top post with the Consumer Product Safety Commission.

Agencies Know When to Lead, but What About When to Follow?
Next Gov (Washington, D.c.)
Federal agencies know they want Twitter followers but figuring out when and who to follow back is a thornier issue, based on questions during a webinar titled "Engaging Audiences with Twitter," sponsored by the General Services Administration's Web Manager University.


RECENT CPSC RECALL NOTICES

Utility Vehicles for Loose Steering Yoke

Flashlights for Smoking/Melting

Utility Vehicles for Fire Risk

Bicycle Handlebars for Breaking

Lawnmower Blades for Breaking


BUILDING MATERIAL

Chicago Officials Seek to Expedite Fire-Safety Updates for High-Rises
Chicago Tribune (Chicago, Ill.)
City officials say they intend to move faster to bring older high-rises into compliance with tougher fire safety standards adopted in 2004, reacting to a front-page Tribune story that detailed how hundreds of residential towers still have not even submitted plans to do so.


CHILD PASSENGER SAFETY

The Risks of Child Car Seats
The Atlantic (Washington, D.C.)
Participating in a TEDx event at a nearby library, I heard one of the other speakers, the founder of our local Waldorf School, reflect on the hazards to a child's physical and mental development from confinement to a car seat.


SPORTS, FITNESS & RECREATION

Head's up on Helmet Safety
Standard-Freeholder (Cornwall, Ontario)
With a nice fresh layer of snow on the hill after recent storms, conditions are great for hitting the slopes. But don’t forget the helmet, doctors warn.

Extreme Sports Require Safety Precautions for Riders of Every Level
KKCO (Grand Junction, Colo.)
Tragic events like the passing of freestyle skier Sarah Burke last week serve as a reminder that boarders and skiers of any level must make safety their top priority.


TOYS

Hazardous Toys Headed to Mid-Michigan Seized
WNEM (Detroit, Mich.)
Officials say they have seized a container of rag dolls and transformable cars after a lab analysis found that the toys contained high levels of lead and small parts that presented a choking hazard.

Poison Center Warns Parents Against Dangerous Toys
WBOY (Clarksburg, W.V.)
The W.Va. Poison Center warned parents about new forms of an old danger: batteries and magnets.


Obama Nominates Robinson to CPSC
Product Safety Letter staff

Marietta S. Robinson is President Barack Obama’s nominee for CPSC commissioner, the White House announced January 23.


Costs Without Benefit Serve Nobody’s Interests
Eric Stone

In an October 16, 2011 New York Times op ed, Commissioner Robert Adler suggested that “many” of those who urge the Consumer Product Safety Commission (“CPSC”) and other agencies to conduct cost-benefit analysis “have no interest whatsoever in making regulation more focused and rational” and really want “to stop government from regulating, period.” Commissioner Adler further contends that safety regulators “rarely impose new costs” by regulating but merely reallocate the costs of injuries. While Commissioner Adler may be correct in his assessment of the motives of some Commission critics, that argument, as well as his commentary on injury costs, appear to be deployed to conceal, rather than reveal critical truths.


What Does “Safe” Mean?
Eric Stone

We are going to try a little experiment. For a moment, let’s try to put aside all of the arguments over whether the Consumer Product Safety Improvement Act of 2008 (“CPSIA”) is a good law, whether it should be changed, and if so, how. Forget about everything we know about the law and how it was written and implemented by the Consumer Product Safety Commission (“CPSC”), and forget about partisan politics. Instead, we want to consider something very basic: what does the word “safe” mean?


The New CPSC Database as Part of an Adequate Post-sale Information Gathering Program
Kenneth Ross

Starting on March 11, 2011, the U.S. Consumer Product Safety Commission’s new searchable database of product safety information was up and running. Depending on which side you are on, this new database will either be a boon for consumers or doom for manufacturers. I don’t think it will be either. To the extent the submissions are true, it will be one more piece of post-sale information, among many others, that a diligent manufacturer should consider in evaluating post-sale risk and deciding whether any reports to the government need to be made or corrective actions need to be undertaken.


The Regulation of Hazardous Substances in the U.S.
Patricia A. Hietter and Mark A. Kinzie

Several federal agencies regulate substances and materials in consumer, commercial, and industrial chemical products. Depending on the federal statute and the regulatory scheme, controlled and banned chemical substances are governed by multiple key regulations that identify individual hazardous substances or the product into which its ingredients are placed. Federal agencies also control chemicals by requiring labeling or testing of chemical substances and specific products before they enter the marketplace or are used in the workplace.


Legally Reselling Recalled Products and Understanding Corrective Actions
Sean Oberle

Once a product has been recalled, can it ever be re-sold? Yes. Take for instance last week’s recall by Summer Infant involving baby monitors. In that corrective action, the company is offering consumers warning labels and safety instructions aimed at preventing the strangulation deaths of babies.



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