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Volume 39 - Number 10
March 8, 2010

 
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Product Safety Letter
View the entire issue in PDF format.

CPSC Commissioners and Executive Staff
Here's an organization chart of CPSC topsiders with their contact information.

Commissioners Debate Civil Penalty Factors
CPSC commissioners March 3 grappled with how to balance the agency’s enhanced civil penalty powers under the CPSIA.

Tenenbaum and Nord Testify on Budget
CPSC Chairman Inez Tenenbaum and Commissioner Nancy Nord March 4 appeared before the House Appropriations Committee’s Financial Services and General Government Subcommittee to discuss the agency’s fiscal 2011 budget request.

Daiso Must Stop Importing under Settlement
Daiso must demonstrate product safety proficiency to CPSC before it can import or otherwise bring toys and children’s products into U.S. commerce under a settlement announced March 2.

CPSC and ANSI Review Agency’s International Efforts
CPSC currently has a four-pronged approach to its international issues, Rich O’Brien, Office of International Programs and Intergovernmental Affairs director, March 2 told visitors from ANSI.

Northup Points to CPSIA’s Costs to Small Business
Commissioner Anne Northup February 24 urged CPSC to ensure it is doing all it can to understand the effect that the CPSIA is having on small businesses.

Canadian Product Safety Bill to Get New Life
As news begins percolating through the Canadian press of the Canadian government’s intention to reintroduce its product safety legislation in its original form, Health Canada’s product safety focus is on nursery products and education on environmental health risks.

CPSC Briefs
Briefs on drywall, recalls, meetings.

Standards & Testing Briefs
Briefs on ASTM standards, UL standards.

Research & Journal Briefs
Briefs on SIDS, car seats, child re-injuries.

Foreign & International Briefs
Briefs on RAPEX, recalls.

Commissioners Open to Exemption Request from Furniture Makers
from the March 1 issue

Three CPSC Commissioners February 24 said they would consider a furniture industry request that unfinished wood be exempt from CPSIA lead certification requirements if the industry could thoroughly document its case, especially with regard to engineered wood.

OMB’s Seeks Information on Safety Risks of Counterfeits
from the March 1 issue

Health and safety concerns due to counterfeit are among the topics for which the Office of Management and Budget (OMB) is seeking feedback.

NHTSA Targets Texting with Model State Law
from the March 1 issue

The National Highway Traffic Safety Administration (NHTSA) February 22 issued model legislation for states to prohibit texting while driving.

Tenenbaum Gives Stern Warning about Recallers’ Behavior
from the February 22 issue

Companies that publicly blame victims’ families will face an angry CPSC, Chairman Inez Tenenbaum told an International Consumer Product Health and Safety Organization (ICPHSO) audience February 17 in a keynote speech that surprised many of the top CPSC stakeholders gathered for the Washington, D.C. meeting.

Falvey Notes Value in Holistic CPSIA Approach
from the February 22 issue

CPSC General Counsel Cheri Falvey February 17 said that companies that are looking at how tracking labels integrate with other parts of the CPSIA – such as the consumer database – could put themselves at an advantage.

Howell Gives Tips on Testing
from the February 22 issue

The basic question in deciding how often to do periodic testing is “How big of a recall do you want to manage?” explained Jay Howell, head of CPSC’s Office of Hazard Analysis and Reduction February 17.

Mullen Cites Need to Cover Inland Ports More
from the February 22 issue

CPSC has a goal of having inspectors at interior U.S. ports-of-entry, CPSC Compliance chief Gib Mullan February 17 told an International Consumer Product Health and Safety Organization (ICPHSO) crowd.

New CPSC Website Covers CPSIA Database Implementation
from the February 22 issue

CPSC February 17 launched a new website dedicated to the CPSIA consumer complaint database. Stakeholders will be able to follow the agency’s implementation of the sometimes controversial system.

EU Finds 1-in-7 Sunbeds Noncompliant
from the February 22 issue

The EU February 12 said that recent market surveillance in 10 member states found that one in seven sunbeds violate European UV radiation limits.

March 12 2010

GENERAL INTEREST

Safer Than Plastic - Simple Steps to Smarter Choices
Modern Mom (Pacific Palisades, Calif.)
Plastics are a ubiquitous element of our daily lives. 


RECENT CPSC RECALL NOTICES

Girls Jackets for Drawstrings (1)

Girls Jackets for Drawstrings (2)

Boys Sweatshirts for Drawstrings

Scarves with Heat Pack for Fire/Burn Risk


CHILD PASSENGER SAFETY

Child Restraints Mandatory from Today
Brisbane Times (Brisbane, Australia)
From today, all Queensland parents will have to ensure their children are properly restrained in cars as new legislation becomes enforceable.

Parents Warned of New Child Restraint Laws
Australian Broadcasting Corp. (Sydney, Australia)
New child restraint laws come into effect from today.


ELECTRICAL PRODUCTS AND DEVICES

Committee Rejects Cell Phone Warnings
MPBN (Bangor, Maine)
Though the Legislature's Health and Human Services Committee rejected the idea, some members want more information about potential health issues related to cell phone use.

No Cell Phone Warning for Now
WABI (Bangor, Maine)
Warnings will not be going on cell phones sold in Maine anytime soon.

Maine Gov Cool to Cell Phone Health Warnings Bill
Associated Press (New York, N.Y.)
As a proposal to require health warnings on cellular phones got a fresh legislative review Tuesday, Gov. John Baldacci made clear his opposition but stopped short of threatening a veto.


JUVENILE PRODUCTS & CHILDCARE ITEMS

The Latest in Strollers? Mom and Dad
New York Times (New York, N.Y.)
For most people, the 2009 movie "Away We Go," directed by Sam Mendes, has all but faded from memory, a wry little comedy that didn't gain much traction at the box office and was all but ignored during the past awards season.

Most Baby Slings Safe, Says Expert
Edmonton Sun (Edmonton, Alberta)
A local baby-wearing expert is concerned mothers will be too scared to use baby slings after word of a U.S. government safety warning.

Valley Mom Fights for Baby Sling Safety
KPHO (Phoenix, Ariz.)
"It has been a gut-wrenching ride," said Rochelle Price. The Valley mom has fought for two years to get the word out about dangerous baby slings.

Some Baby Carriers Are Killing Infants
KIDK (Idaho Falls, Idaho)
As hard as it is to think about, babies have been killed inside the Infantino brand c-shaped baby carrier.

Baby Slings Called Hazardous to Infants' Health by Consumer Product Safety Commission
New York Daily News (New York, N.Y.)
Baby slings - those cuddly carriers that allow parents to keep their infants strapped close to their chest - may not be as safe as they look.


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March 11 2010

GENERAL INTEREST

Fair Trading under Fire over DIY Fire Risk Test
Sydney Morning Herald (Sydney, Australia)
The NSW government has been accused of putting people at risk from shoddy insulation work by advising occupants to conduct a do-it-yourself fire and electrocution risk assessment.

A Nonfrivolous Suit
New York Times (New York, N.Y.)
Supporters of tort reform — and late-night comedians — like to make fun of what they say are frivolous lawsuits. 


RECENT CPSC RECALL NOTICES

Machetes for Laceration Risk


BIKES, SKATES, SCOOTERS, ETC.

Bicycle Safety Bill Not Likely to Pass This Year
Sioux City Journal (Sioux City, Iowa)
Lawmakers pedaling a bicycle safety bill are having trouble getting colleagues to ride with them.


BUILDING MATERIAL

Defective Drywall Victims Deserve Uniform Remediation
The News-Press (Fort Myers, Fla.)
I want to first thank The News-Press Editorial Board for making the defective drywall issue a major story in your paper recently.

Government Wants info on Possible Drywall-Linked Fires
WINK (Fort Myers, Fla.)
The federal government wants fire departments to watch for the possible impact of defective drywall.


ELECTRICAL PRODUCTS AND DEVICES

How Safe Is Your Cell Phone?
Time (New York, N.Y.)
It takes a little extra work to get in touch with Andrea Boland.


FURNITURE

Parents Say Target's Trunk Cripples Kids
Courthouse News Service (Los Angeles, Calif.)
A 1-year-old girl is permanently disabled with anoxic brain injury from a Target toy-storage trunk that has killed or injured the brains of at least 45 other children, her parents say in Allegheny County Court. 


HOUSEHOLD CHEMICALS & CLEANING PRODUCTS

Survey: Consumers Show Strong Confidence in Cleaning Product Safety
PR Newswire (New York, N.Y.)
Consumer confidence in the cleaning products they use every day remains strong, according to a survey from The Soap and Detergent Association (SDA).


LEAD

Clashing Lead Laws May Derail Progress
Brattleboro Reformer (Brattleboro, Vt.)
Housing and public health advocates have been trying to get the state to enforce its lead paint law for almost 10 years, and the Attorney General's office is finally cracking down on landlords who are failing to comply.


TOYS

Toy Safety Warning
Birmingham Newsroom (Birmingham, England)
Residents are being urged to check that any toy that they buy for children displays the correct labels in accordance with European Safety Standards.


Tenenbaum Updates Juvenile Product Makers in DC
Product Safety Letter staff

The Simplicity crib recall saga, which began in 2007, was the catalyst of the current product safety attention focused on cribs, drop-side units especially, CPSC Chairman Inez Tenenbaum said March 9. That recall was “a game changer,” leading to a “drumbeat” of drop-side crib recalls “that we must bring to a close” she told those assembled for the Juvenile Products Manufacturers Association’s (JPMA) summit in Washington D.C. She credited the recall as an impetus behind the nursery product elements of the CPSIA.


Vermont’s Action against Dollar Tree and the CPSIA
Hal Stratton

The provisions of Section 218 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) give the attorneys general of each of the 50 states the authority to enforce certain provisions of federal product safety statutes administered by the Consumer Product Safety Commission (CPSC). To date, this authority has not been widely used by the state attorneys general. However, a recent enforcement action by the Vermont Attorney General provides insight as to what product safety stakeholders and those in the consumer product supply chain may expect in the future as to enforcement of product safety laws by the states.


Recent Regulatory Reform Runs Rampant
Kenneth Ross

In 2009, there were many changes and proposed changes in product safety regulatory schemes enacted by governments around the world. This article will discuss some of the current changes being considered by the Canadian and Australian governments. This legislative activity will expand even further this year as other countries try to catch up to the U.S. in having the power to force companies to report safety problems and to recall their products.


CPSC Commissioners and Executive Staff
Product Safety Letter staff

Here's an organization chart of CPSC topsiders with their contact information.


Tenenbaum Gives Two Updates on CPSC Matters
Product Safety Letter staff

CPSC Chairman Inez Tenenbaum twice this week updated audiences of agency stakeholders on the CPSIA and other product safety matters. The first was February 15 at the Toy Fair in New York. In that speech she touched on matters like the testing and certification stay, the phthalates CHAP, and cadmium in children's jewelry. In that speech she was complementary of the efforts of the toy industry to improve safety. The second speech was February 17 at the ICPHSO conference in Washington. It covered similar issues as well as a broad update on the agency's progress and expectations in CPSIA implementation. However, while she singled out individual industry groups and companies for praise, her tone was surprisingly stern, especially related to the safety of children's products and to recalls in general.


In Defense of Children’s Jewelry
Michael Gale

The only situation more unfair than “guilty until proven innocent” is “guilty with no chance to be proven innocent.” This is where the children’s jewelry industry finds itself today.


Tenenbaum Talks to PSL about the CPSIA and More
Product Safety Letter staff

Product Safety Letter January 27 sat down with CPSC Chairman Inez Tenenbaum to discuss her views on various issues. The topics included what to expect in the coming year, the commission's recent suggestions for CPSIA changes, cadmium, the testing and certification stay, component testing, drywall, her opinions about regulated industry, and her view of her job. Here's what she had to say:


CPSIA 101 Flexibility Among CPSC Recommendations to Congress
Product Safety Letter staff

CPSC late Friday, January 15, sent three recommendations to Congress for improving the CPSIA. The suggestions received unanimous support from commissioners. The first involves flexibility in applying the section 101(a) lead provisions. The commission mentions children's off-road vehicles, bicycles and books as items that are falling under the lead-content restrictions and suggests that Congress likely did not intend that. While not going into specifics, commissioners asked for flexibility to help it deal with such unintended situations.


Everything That Rises Must Converge … Or Not … It Depends
Product Safety Letter staff

It's funny how events arise and get set to converge sometimes. Two prominent senators -- Charles Schumer (D-N.Y.) and Amy Klobuchar (D-Minn.) -- are calling for action on cadmium in children's products at the same time that CPSC's January 15 deadline nears for getting its suggested improvements to the CPSIA to Congress.


Brass Bushings, Brass Bands, Brass Keys, Brass Tacks ... and Pens
Sean Oberle

CPSC’s recent decision to deny a petition to exclude brass in toys from CPSIA Section 101 lead provisions has raised much protest. The complaints have focused on at least four issues that are related and thus can become mingled and confused. The following identifies and separates the four issues.



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