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Administrative Law Judge Issues Ruling in CPSC’s Attempt To Hold Magnet Manufacturer CEO Personally Liable

Doug Lanphere — Mon, 13 May 2013 22:48:42 +0000

Tied to the recall of rare earth magnets, the CPSC was also seeking to have those products declared substantial product hazards and the CEO of one of those companies personally liable for conducting a recall. The Administrative Law Judge in this case has not issued his ruling that will impact corporate officers/owners of all children’s product manufacturers.

The liability of the CEO was based on the “responsible corporate officer doctrine” which was in turn based on U.S. Supreme Court decisions in United States v. Dotterweich, 320 U.S. 277 (1943) and United States v. Park, 421 U.S. 658 (1975). The administrative law judge held that the doctrine applied to violations of section 15 of the Consumer Product Safety Act. He further stated that the compliant was held sufficient facts to hold the CEO liable because it alleged that the CEO “is responsible for ensuring [the company’s] compliance with the CPSA.”

While written in broad language and not limited to the facts of the case, this ruling may have a profound effect on children’s products manufacturers. The CPSC will be able to threaten a variety of corporate officers from CEO’s/Owners to compliance officers, with personal liability for violations of the Consumer Product Safety Act.

Are you prepared for a voluntary recall? Do you have the documentation in place to show that you can ‘exercise due Care” to the CPSC? Become CPSIA ready with CPSIA Ready.com, our lab independent, compliance on demand solution for small business.

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CPSC Approves Proposed Rule Aimed at Making Strollers Safer

BillJ — Sat, 11 May 2013 12:50:18 +0000

CPSC Approves Proposed Rule Aimed at Making Strollers Safer

By U.S. Consumer Product Safety Commission

Published: Friday, May. 10, 2013 – 10:39 am

WASHINGTON, May 10, 2013 – /PRNewswire-USNewswire/ — To help prevent further deaths and injuries to young children, the U.S. Consumer Product Safety Commission (CPSC) voted today to approve a notice of proposed rulemaking (NPR) to create a federal safety standard for strollers. The Commission voted unanimously (3-0) to approve publication of the NPR in the Federal Register.

The proposed stroller standard incorporates the published voluntary ASTM F833-13 standard,Standard Consumer Safety Specification for Carriages and Strollers, with one modification. The modification would require the addition of language in the standard to address scissoring, shearing, and pinching hazards associated with folding or foldable strollers.

CPSC staff reviewed more than 1,200 stroller-related incidents, including four fatalities and nearly 360 injuries that occurred from 2008 through 2012. Staff believes that the published standard, with the proposed addition in the NPR, will help to reduce the risks associated with the majority of the hazard patterns identified in reviewing the stroller incidents.

Hazard patterns found in strollers include:

wheel breakage and detachment;
parking brake and lock mechanism failures;
hinge issues;
structural integrity issues;
entrapment;
car seat attachment;
canopy issues; and
handlebar failures.

Reported injuries include:

finger amputations on folding hinges and canopy hinges;
falls due to wheel detachment or parking brake issues;
injuries due to stroller collapse;
head entrapment in openings of travel systems; and
falls due to a child unbuckling the restraint harnesses.

The proposed rule would also help address finger injuries associated with the folding hinges on folding or foldable strollers. Various stroller types, such as travel systems, carriages, tandem, side-by-side, multi-occupant, and jogging strollers would be covered by the standard.

Staff recommends that the mandatory standard for strollers become effective 18 months following publication of the final rule in the Federal Register.

The proposed rule has a 75-day public comment period. Comments will be able to be posted directly on Regulations.gov.

The Commission is required under The Danny Keysar Child Product Safety Notification Act, Section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA) to issue consumer product safety standards for durable infant or toddler products. To date, the Commission has approved more stringent federal safety standards for full-size cribs, non-full-size cribs, play yards, baby walkers, baby bath seats, and children’s portable bed rails.

Media Contact Please use the phone numbers below for all media requests. Phone: (301) 504-7908 Spanish: (301) 504-7800

Read more here: http://www.sacbee.com/2013/05/10/5410942/cpsc-approves-proposed-rule-aimed.html#storylink=cpy

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Williams-Sonoma Agrees to $987,500 Civil Penalty

Doug Lanphere — Mon, 06 May 2013 23:59:54 +0000

Significant Internal Compliance Improvements for Failure to Report Defective Pottery Barn Wooden Hammock Stands

The U.S. Consumer Product Safety Commission (CPSC) announced today that Williams-Sonoma, Inc., of San Francisco, Calif., has agreed to pay a $987,500 civil penalty.

As the CPSC did recently in the Kolcraft agreement, in addition to paying a monetary penalty, Williams-Sonoma has agreed to implement and maintain a compliance program designed to ensure compliance with the safety statutes and regulations enforced by the CPSC.

Williams-Sonoma has also agreed to maintain and enforce a system of internal controls and procedures designed to ensure that:

information required to be disclosed by the firm to the CPSC is recorded, processed, and reported, in accordance with applicable law(s);
all reporting made to the CPSC is timely, truthful, complete, and accurate;
prompt disclosure is made to Williams-Sonoma’s management of any significant deficiencies or material weaknesses in the design or operation of such internal controls that are reasonably likely to adversely affect, in any material respect, the company’s ability to report to the CPSC.

Williams-Sonoma further agreed to provide written documentation of such improvements, processes, and controls, upon request to the CPSC; to cooperate fully and truthfully with CPSC staff; and to make available all information, materials, and personnel deemed necessary to staff to evaluate the company’s compliance with the terms of the agreement.

The settlement resolves CPSC’s charges that the firm knowingly failed to report to CPSC immediately, as required by federal law, a defect involving Pottery Barn wooden hammock stands which were found to contain a defect that could pose a fall and laceration hazard to consumers.

Williams-Sonoma did not file its full report with CPSC until September 11, 2008. On October 1, 2008, Williams-Sonoma and CPSC announced the recall of 30,000 wooden hammock stands. By that time, Williams-Sonoma was aware of 45 incidents involving the hammocks, including 12 reports of injuries requiring medical attention for lacerations, neck and back pain, bruising, and one incident involving fractured ribs.

Federal law requires manufacturers, distributors, and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or fails to comply with any consumer product safety rule or any other rule, regulation, standard, or ban enforced by CPSC.

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Banned toxin list to add flame retardant

Doug Lanphere — Fri, 03 May 2013 13:53:04 +0000

As recently seen in the United States, more pressure to ban the use of flame or fire retardant chemicals in consumer products continues now on an international stage. These chemicals will likely be added to the list of toxic substances banned under an international treaty to protect human health from pollutants.

The Stockholm Convention on Persistent Organic Pollutants (Convention) is a global treaty that aims to protect human health and the environment from the effects of persistent organic pollutants (POPs). The Convention has a range of control measures to reduce and, where feasible, eliminate the release of POPs, including emissions of unintentionally produced POPs such as dioxins.

Officials from countries that have signed the Stockholm Convention on Persistent Organic Pollutants were to hold a three-day meeting from Tuesday in Geneva, and are expected to discuss the substance – hexabromocycolododecane, or HBCD.

Animal test data show the substance that is used in building materials and textile products and is widely distributed in Asia, Europe and North America, adversely affects biological reproduction, behavior and immune systems.

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Maker of children’s nap mats agrees to remove flame retardant chemicals

Doug Lanphere — Wed, 01 May 2013 23:17:29 +0000

The chemical commonly known as “TDCPP” or “Tris” [Tris(1,2-dichloro-2-proply) phosphate)] is commonly used as a flame retardant in home furnishings (couches, chairs, pillows, and ottomans) as well as automotive products (seat padding, overhead liners, foams, and infant car seats). In October 2011, California’s Office of Environmental Health Hazard Assessment (OEHHA) listed TDCPP as a chemical on Proposition 65 list of chemicals.

At that time both Retailers and manufacturers were having to balance the competing requirements of Proposition 65 and California’s Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation, which requires furniture and children’s products to withstand igniting when exposed to an open flame for up to twelve seconds.

However, on April 15, 2013, the Center for Environmental Health reported reaching an agreement with Peerless Plastics, a company that makes children’s nap mats, requiring it to remove the flame retardant chemicals in its products by August 1, 2013.

The agreement was reached under California’s Proposition 65 (Prop. 65), which lists chemicals known to the state to cause cancer or reproductive harm and requires companies to warn consumers if their products contain such chemicals.

The center apparently initiated legal action against Peerless and more than 50 other companies earlier this year under Prop. 65 after finding that most of the company’s nap mats tested contained flame retardants. According to the center and other advocacy organizations, children are exposed to these chemicals when they leach into the air and settle in dust that children touch and ingest. See Center for Environmental Health Press Release, April 15, 2013.

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CPSC seeks information on materials that can be determined not to include lead, soluble heavy metals or phthalates

Doug Lanphere — Tue, 30 Apr 2013 16:17:14 +0000

This Request for Information (RFI) is seeking information on materials that do not, and will not; contain the prohibited elements or chemicals in concentrations above the legally allowable limit. Information provided by the public concerning the characteristics of such materials will be used to develop recommended courses of action for the Commission.

This RFI consists of four parts, seeking data and information concerning the following children’s products and materials used to manufacture those products:

Toys subject to ASTM F963-11, Standard Consumer Safety Specification for Toy Safety, and the presence, if any, or at what levels, of the eight elements designated in section 4.3.5 of the standard. The solubility of each element is limited to no more than the levels listed in Tables 1 and 2 of the standard. Additionally, for accessible component parts of toys primarily intended for children 12 years old and younger, the lead content must be no greater than 100 parts per million (ppm), and the lead content of paints or surface coatings must be no greater than 90 ppm, in accordance with section 101 of the CPSIA;

Toys and certain child care articles, and the presence, if any, or at what levels, of the six prohibited phthalates listed in section 108 of the CPSIA. These products are subject to a maximum concentration of 1000 ppm (or 0.1 percent) for each of the six prohibited phthalates;
Manufactured woods and the presence, if any, or at what levels, of lead. Accessible manufactured wood in children’s products is subject to the maximum allowable lead content requirement of 100 ppm;
Synthetic food dyes and the presence, if any, or at what levels, of lead. Accessible synthetic food dyes in children’s products are subject to the maximum allowable lead content requirement of 100 ppm.

The agency requests written responses to the RFI by June 17, 2013. See Federal Register, April 16, 2013

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Health Canada proposes amendments to Canadian Playpen Regulations

BillJ — Wed, 17 Apr 2013 16:52:50 +0000

Health Canada released a public consultation proposal to amend the Playpens Regulations under the Canadian Consumer Product Safety Act on April 16, 2013. Comments may be submitted until June 29, 2013.

Health Canada seeks to enhance and align the current Regulation with existing requirements under the Canadian Cribs, Cradles and Bassinets Regulations and with certain requirements with international standards and U.S. requirements for play yards, playpens and bassinets/cradles. The proposed changes include;

Clarification of the definition “playpen” to eliminate existing confusion between playpens and portable cribs.
Revising technical requirements for the gap between the floor pad and the side of the playpen, the side height of playpens and the side height requirements for sleep accessories
Amending the test method for assessing mesh opening sizes to align with international play yard standards
Establishing performance requirements relating to playpen’s latching and locking mechanisms
Prohibiting any protrusion attachment or mechanism capable of entangling the occupant’s clothing or other object worn by the occupant to be located above the upper surface of the floor of the playpen
Including a maximum rock or swing angle for sleep accessories that rock or swing and requiring that such sleep accessories incorporate a means of self-leveling
Introducing performance requirements and test methods to assess sleep accessories missing key structural elements intended to avoid their improper assembly
Providing for a transitional period of six (6) months for the implementation of the new requirements to allow industry time to re-design, test and supply new product models meeting the amended regulatory requirements

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Kolcraft Agrees to $400,000 Civil Penalty, Significant Internal Compliance Improvements for Failure to Report Defective Play Yards

BillJ — Tue, 12 Mar 2013 14:02:54 +0000

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) announced today that Kolcraft Enterprises Inc., of Chicago, has agreed to pay a civil penalty in the amount of $400,000.

The penalty agreement has been accepted provisionally by the Commission in a 2-1 vote. Commissioner Nord voted to provisionally accept the agreement as originally drafted. Chairman Tenenbaum and Commissioner Adler voted to provisionally accept the agreement with amendments which were included in the final agreement.

In addition to paying a monetary penalty, Kolcraft agrees to implement robust changes to its internal control and compliance systems. Specifically, Kolcraft agrees to:

maintain and enforce a system of internal controls and procedures to ensure that the company promptly and accurately reports required information about its products to CPSC;
give CPSC staff written documentation of its improvements, processes, and controls related to its reporting procedures upon request;
and establish an effective program to ensure it remains in compliance with safety statutes and regulations enforced by CPSC.

Kolcraft agrees that, at a minimum, its compliance program must provide its employees with written standards and policies, compliance training, and the means to report compliance-related concerns confidentially.

The settlement resolves CPSC staff allegations that the firm knowingly failed to report to CPSC immediately, as required by federal law, a defect involving Kolcraft Travelin’ Tot play yards and play yards manufactured by Kolcraft for Carter’s, Sesame Street, Jeep, Contours, Care Bare, and Eric Carle. The play yards were sold nationwide from January 2000 through January 2009 for between $50 and $160. The side rail of the play yards can fail to latch properly and can unlatch unexpectedly when a child pushes against it, posing a fall hazard to children.

In August 2005, failure analysis experts hired by the firm identified the potential for false latching. In 2006, the firm made prospective improvements to the warning labels, instruction sheets, and the side-rail latch to eliminate false latching in future production of the play yards.

From about January 2000 through July 2009, Kolcraft received about 350 reports of the play yard collapsing, resulting in 21 injuries to young children, including bumps, scrapes, bruises, and one concussion.

Kolcraft did not report the information regarding the play yards to CPSC until January 2009.

In July 2009, Kolcraft and CPSC announced the recall of one million play yards.

In agreeing to the settlement, Kolcraft denies CPSC staff allegations that its play yards contained a defect which could create a substantial product hazard, or that it knowingly violated the reporting requirements of the Consumer Product Safety Act. Pursuant to the Consumer Product Safety Act, CPSC must consider the appropriateness of the penalty in relation to the size of the business of the person charged, including how to address undue adverse economic impacts on small businesses. Kolcraft is a small business as set forth in the Small Business Administration guidelines regarding size of business.

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CPSC Approves New Lead Testing Method in Substrates of Children’s Products

BillJ — Mon, 25 Feb 2013 20:36:31 +0000

Feb 25, 2013

The U.S. Consumer Product Safety Commission (CPSC) has approved High-Definition X-Ray Fluorescence (HDXRF) technology for the substrate testing of lead in children’s products using the test method ASTM F2853-10. HDXRF technology, used to detect regulated elements, had previously been approved by the CPSC for testing of lead in paint and other surface coatings of children’s products.

This new action by the CPSC expands the use of HDXRF for third-party testing to support product certification and clears the way for its use in “production testing” under the new CPSC Testing and Certification Rule, which became effective February 8, 2013. HDXRF offers the additional benefits of taking coating and substrate measurements simultaneously and non-destructively, reducing testing time and cost.

“The CSPC’s approval of HDXRF for lead in substrate testing means that manufacturers, importers, retailers and laboratories now have a complete, precise, and reliable alternative to traditional wet chemistry,” said Satbir Nayar, director of sales and marketing for consumer products of XOS, a developer of the HDXRF technique.

The detailed new CPSC regulation, called the 1112 Rule, approving HDXRF for lead in substrate testing and restating the agency’s April 2011 approval of HDXRF for lead in paint testing, can be accessed atwww.cpsc.gov.

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Top CPSC Developments to Watch for in 2013

BillJ — Thu, 07 Feb 2013 19:25:26 +0000

The Fiscal Year (FY) 2013 Operating Budget for the Consumer Product Safety Commission (CPSC) has some items that are likely to make either the biggest or most news in the coming year. They are the CPSC’s compliance, import surveillance and hazard identification activity.

Compliance: Enforcement activities under the rulemaking of the Consumer Product Safety Improvement Act of 2008 (CPSIA) will be stepped up. These compliance efforts will include; data analysis, investigations and assessing the level of compliance with new regulations. The 2013 budget targets compliance and enforcement programs for;

CPSIA-mandated requirements for cribs, toddler beds, play yards, bed rails, strollers, and swings
Federal Hazardous Substances Act regulations for toys, bath seats, rattles, pacifiers and infant pillows

Import Surveillance: With the passage of the CPSIA, the CPSC was directed to create an International Trade Data System/Risk Assessment Methodology (ITDS/RAM) to help identify products entering into the U.S. that have a high probability for violation of consumer product safety rules and regulations. Based on this the CPSC launched a “proof-of-concept” pilot program that uses data collected at the port by U.S. Customs and Border Protection’s (CBP) International Trade Data System, and integrates the data with CPSC surveillance systems to analyze incoming imports. Imports which are identified as “high risk” are targeted based on predetermined rule sets and stopped at the port for inspection. In 2013, this pilot program is expected to expand to 15 major U.S. ports. The CPSC has established four areas for measuring successes with the program;

Improve import surveillance targeting effectiveness
Facilitate legitimate trade
Improve working effectiveness with CBP to harness existing federal port resources in the interdiction of noncompliant consumer product imports
Protect U.S. intellectual property, consistent with the CPSC’s safety mission

The CPSC is expected to continue its collaboration with the CBP to implement national operations designed to optimize the federal government’s response to product’s that are imported into the U.S. that may put consumers at risk.

Another indication of this collaboration is the rewrite of 16 CFR 1110 which lays out the requirements for manufacturers/importers of record with regard to certificates of conformity (children’s and non-children’s products). Currently there is not a requirement for children’s product importers to file a certificate with the CBP or CPSC prior to the product entering into the U.S. The importer would only have to have the certificate “available upon request” to either the CBP or the CPSC. The proposed change would require the importer to electronically file a children’s product certificate with the CBP prior to the product entering into the U.S. as part of their importation documents.

Hazard Identification: In 2013, the CPSC will prepare draft final rules for the following products;

Bassinets
Bassinet attachments to play yards
Bedside sleepers
Handheld carriers
Soft infant carriers
Strollers

The CPSC will also prepare draft final rules for; rare earth magnet sets, mattresses and toy guns with caps. In addition draft rules will be prepared for infant slings, infant inclined sleep products, revisions to the FHSA definition of “strong sensitizer” and a petition for crib bumpers will be evaluated.

Voluntary Standards: The following voluntary standards are expected to have the most activity in 2013;

Baby monitors
Bassinets/cradles
Bath seats (infant)
Batteries
Bed rails
Bunk beds
Beds (toddler)
Bedside sleepers
Bicycles
Booster seats
High chairs
Youth chairs
Changing tables
Children’s metal jewelry
Full-size cribs
Non-full-size cribs/play yards
Infant bedding/accessories
Infant bouncers
Infant carriers (frame)
Infant carriers (handheld)
Infant carriers (soft)
Infant gates
Infant recline sleep products
Infant slings
Infant swings
Infant tubs
Infant walkers
Inflatable play devices
Phthalates
Playground equipment (for children under 2 years)
Playground equipment (home)
Strollers
Toys
Trampolines

Strategic Goals for Commitment to Prevention include;

Office	Performance Measurement	FY2013 Target
Hazard	Number of Voluntary standards activities supported or monitored by CPSC Staff	69
Hazard	Number of candidates for rulemaking prepared for Commission consideration	30
Compliance	Number of establishment inspections conducted by Field Staff	1,000
Compliance	Percentage of products screened by CPSC Field Staff resulting in violations	Baseline to be determined
Hazard	Number of items/component parts tested for specific standards and regulations	36,000
Import	Number of import examinations	13,000
Import	Sample yield per 100 import entries	26
Import	Establish a robust ITDS/RAM rule set to target intellectual property violations where a health and safety hazard is suspected in consumer product imports	To be determined
Compliance	Total number of products screened by CPSC Staff	Baseline to be determined
Compliance	Number of consumer products screened by CPSC Field Staff through Internet surveillance activities	Baseline to be determined

Additional Items: The Commission has added the following items to the FY 2013 budget which is targeted at reducing the testing burden by manufacturers and/or importers of record for children’s products;

Determinations Regarding Heavy Metals – the Commission would like to undertake the process of determining if there are materials that would qualify for exemption to the heavy metals specification found in section 4.3.5 of ASTM F963-11. The materials cannot be found to contain higher than allowed concentrations of the eight heavy metals.
Determinations Regarding Phthalates – the Commission would like to undertake the process of determining if there are materials that do not, and will not, contain prohibited phthalates, and would therefore be exempt from third party testing
Determination Regarding Adhesives in Manufactured Woods – the Commission would like to undertake the process of determining if there are any adhesives used in manufactured wood that can be determined not to contain lead in amounts above 100 ppm.

Need Help with CPSIA Compliance? Call us today to see how we can help you ensure that you Are CPSIA Ready!

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