Williams-Sonoma Agrees to $987,500 Civil Penalty

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.

WilliamsSonoma-LogoAs 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.

Banned toxin list to add flame retardant

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.Flame_Retardant

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.

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

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.Fire Retardant

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.

Jacoby Solutions Launches CPSIA Ready e-learning platform for Undue Influence Training

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Malvern, April 30th, 2013

Jacoby Solutions today launched CPSIA Ready U. an online elearning platform designed for CPSIA training.

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

This Request for Information (RFI) is seekingCPSC_Blocks 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

Health Canada proposes amendments to Canadian Playpen Regulations

playpen-parcsHealth 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