Amazon EU Sellers…Prepare Now 2021!

EU 2019/1020

New Amazon Requirements

New Amazon Requirements

This market surveillance regulation, (EU) 2019/1020 going into effect July 16, 2021 is mainly aimed at e-commerce and takes the responsibility of compliance that used to be borne by the consumer and now places it on the Economic operators, i.e. manufacturers, an authorized representative, the importer, the distributor or fulfillment service provider. Amazon does provide fulfillment services but does not want the role of designated official to communicate with the market surveillance officials on product compliance or conformity issues. They are now requiring non-EU based sellers of CE marked products to appoint a responsible person or official for CE-marked products so they can avoid being held responsible by EU authorities. Your EU based designated person will be responsible to act as single point of contact for all compliance and conformity related issues as well as CE compliance.

With this new law if your product is not compliant in one EU country , it is not compliant in all and the Union Product Compliance Network (UPCN) is the key initiative arising from the EU Market Surveillance Regulation. The UPCN will act as a hub for all enforcement agencies to access compliance data. These organizations work with businesses to evaluate their products and perform random testing and they will then make the information available to the network. This information to be made available will be Product Testing, DOC’s, Enforcement and Corrective Actions, Market Surveillance Data and shared initiatives or projects.

To better prepare for this regulation, now is the time appoint your EU based Responsible Person and to align your documentation and set up your technical files and document systems to allow them to access files for your products sold online in the EU should they need to answer to compliance officials in the future.

If you have not created EC Declaration of Conformity documents you will soon be asked to provide to Amazon such documents along with Genuine Product Images. You will also need to provide County of Origin (COO) data in order to list products to sell on Amazon.

You can find additional information or full text of the regulation here:

Need Help with your Amazon Proof of Compliance? Schedule a call today!

CPSC Cautions Consumers Not to Use Inclined Infant Sleep Products

WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) is warning parents and caregivers about the dangers of popular inclined sleep products for infants, citing the findings of a new study. The study is part of a growing body of evidence showing that inclined sleepers with higher angles do not provide a safe sleep environment for infants.  Several inclined sleepers have previously been recalled by the CPSC.

The agency continues to emphasize that the best place for a baby to sleep is on a firm, flat surface in a crib, bassinet or play yard. Parents and caregivers should never add blankets, pillows or other items to an infant’s sleeping environment. Babies should always be placed to sleep on their backs.  

New Study Confirms: Babies Should Sleep on Firm, Flat Surface

CPSC received reports of 1,108 incidents, including 73 infant deaths, related to infant inclined sleep products that occurred from January 2005 through June 2019. CPSC hired independent expert Erin Mannen, Ph.D., a mechanical engineer specializing in biomechanics at the University of Arkansas for Medical Sciences, to conduct infant testing to evaluate the design of inclined sleep products. Dr. Mannen measured infants’ muscle movements and oxygen saturation while in various products and positions, such as a flat crib, an inclined crib, and several inclined sleep products. Dr. Mannen found that none of the inclined sleep products her team tested is safe for infant sleep. Dr. Mannen’s report was conclusive that products with inclines 10 degrees or less, with flat and rigid surfaces, are likely safe for infant sleep. Dr. Mannen also found that soft and plush-like sleep surfaces pose dangers to infants.

What Should Parents and Caregivers Do Now? 

  • Stop using infant sleep products with inclined seat backs of more than 10 degrees. Parents and caregivers should not use infant car seats, bouncers, and other infant inclined products for sleep, and should follow manufacturer instructions.
  • Follow safe sleep advice. Bare is Best: Do not add blankets, pillows, or other items to the baby’s sleep environment. Back to Sleep: Always place infants to sleep on their backs on a firm, flat surface.
  • Check often to see if your nursery products have been recalled, and promptly follow the recall instructions to receive a refund, replacement, or repair. Consumers who register their nursery products with the manufacturer’s registration card (included with nursery items) can be contacted directly by the manufacturer if there is a recall.

CPSC Releases New Recall App

The U.S. Consumer Product Safety Commission (CPSC) has launched a new CPSC Recall App to make recall information currently on their website more accessible to consumers on their mobile devices.

Using Technology to Enhance Your Consumer Product Safety Compliance Program

Since 2012, the Consumer Product Safety Commission (CPSC) has required companies that have entered into settlement agreements for failure to report under Section 15 of the Consumer Product Safety Act (CPSA) to develop internal compliance programs. Through these settlement agreements, it is obvious that the CPSC considers the implementation and maintenance of a compliance program to be the cornerstone of how a company ensures compliance with product safety rules and regulations enforced by the CPSC.

The difficulty is not in the development and implementation of an effective Product Safety Compliance Program, but in developing a mechanism to review, evaluate and update the compliance program.

So how do you know if your program is up-to-date and if you are using the best process and technology available today? In the early days of CPSIA, many companies built internal systems and controls to track testing and to generate certificates. Many of these systems are 4-6 years old now and were not built to send paperless certificates, as put forth in the rule on “Certificates of Compliance”, 16 CFR Part 1110 (the 1110 rule). At many companies, a review of their compliance program has not been done since 2013 when the CFR 1107 rules when into effect. Failure to regularly review and update all relevant information, which might impact the compliance of your childrens’ product, negates the effectiveness of a Consumer Product Safety Compliance Program.

Perform an Audit

To begin the review of your current product safety program, an audit must be conducted to assess your product safety readiness, including your current systems, operations and technology platforms. During the review, charting the incoming data to technology, processes and the people involved, should be conducted. Knowing where all of the compliance related data for the company is stored, and how it can be accessed, is important when information is needed quickly. In the event of an incident, the decision to report under Section 15(b) to the CPSC needs to be made quickly, so knowing where to find your data is essential.

Map Your Incoming Data to People, Process and Tools

The next step is to chart your processes so that incoming product data will be available to effectively support your Product Safety Compliance Program. This data should be collected from the design stage through final product delivery to consumers. Is there a proactive approach to compliance so that you can quickly react to incidents reported by consumers who are using your products, once you are made aware of them? You may have data residing on in-house developed systems, 3rd party applications, vendor sites or web applications like Dropbox or SharePoint. Your goal should be to maintain and enforce a system of internal controls and procedures to ensure that your company can promptly, completely, and accurately report the required product information to the CPSC if necessary.

  Incoming flow

Sources to Discover Safety Related Incidents

There are many sources to discover safety related incidents. Do you have process and technology tools in place to capture these? How are these issues escalated and what platforms do you use to review, research and document issues brought to your attention? Many companies today use online help desk platforms to log customer service inquiries and most of the top programs today have an API connection so that you can bring in items from Facebook and Twitter. Application program interface (API) is a set of routines, protocols, and tools for building software applications. An API specifies how software components should interact and APIs are used when programming graphical user interface (GUI) components. So when looking for new technology platforms, look for ones that have the ability to use an API to connect to other applications or to bring or send data to your systems or compliance program.

Escalation Policy

Your internal company communications policy should be set up to enable management to quickly be informed of any safety related incidents or quality issues.This policy should start with the appointment of a company compliance manager and notification/training to your staff on your escalation policy. Do you have your systems set up to capture safety related incidents and route them to the compliance manager/director? A lot of programs today utilize a smart rules feature so you can escalate a category type such as safety and quality so that these items can be routed directly to your compliance manager the minute they are created. It is important to note that with or without a technology solution, you must train your customer service staff  to recognize safety related issues and direct them on proper incident handling protocols and company polices so they are prepared to escalate to management when discovered.

Identify Your Training Platform

During the  review of your compliance program you should identify and document the communication platform that you will use to train your staff, contractors, stakeholders and board members on your company’s compliance policies. Will it be all-hands meetings, video conferencing or 3rd party apps, and how will you capture proof of attendance? You should embed this training for new hires if they work in an area related to purchasing, testing or customer service, and a confidential reporting process should be part of this training so you foster a proactive approach to safety.


Many companies which have been in business for some time find that their data is spread out over legacy systems, shared drives, company servers or staff computers. In your audit you should identify where all of this data is stored and how it is backed up. Cloud based applications and storage solutions are much more cost effective today and offer increased security over dedicated IP-based servers. You should have a data migration plan for migrating or storing data when systems are upgraded and know where to find archived data. If you have an IT department, make sure your document retention policy is inline with CPSC requirements, which is 5 years, and integrate your company email retention policy with your compliance program. Educate your employees on proper storage of files and documents.


Think outside the box

When developing your compliance program there is no one-size-fits-all approach. After completing an audit of your current program you can then identify possible technology solutions to adopt or to fill the gaps in your current systems. Keep in mind that your compliance program should  encompass your company’s product testing and certification program so that compliance with all applicable federal and state children’s product safety rules and regulations is ensured. The days of using Excel spreadsheets solely for the documentation and implementation of your compliance program are quickly ending, but there are many great solutions available out there today, you just need to find the one that best works for you.

For more information on a conducting compliance program audit or help with creating your CPSC Compliance program please contact us by visiting the Jacoby Solutions website.

Recent CPSC Consent Decrees require use of “Independent Product Safety Coordinators”

Two California  toy importers  have agreed to use Independent Product Safety Coordinators to create compliance programs to settle allegations of violating CPSC requirements, the Justice Department noted in a October 6 press release. They are decreed from selling and importing toys or other children’s products until these programs have been set up.

The companies are Unik Toyz Trading and Brightstar Group, both of Los Angeles. The complaints and settlements also name company officers: Julie Tran and Kiet Tran (Unik) and Sherry Chen (Brightstar)

Both decrees mandate the creation of compliance programs requiring the following:

  •  Use of Independent “Product Safety Coordinators” (no financial or personal ties) who would help set up a comprehensive product safety compliance program and audit products to determine which require testing and certification to CPSC rule. 
  • Engage  an CPSC accredited third party lab for product testing 
  • Periodic product testing plan according to 16 CFR 1107.
  • Conformity certificates retained and available to provide at CPSC’s request. The companies must have processes to verify that all underlying requirements are satisfied.
  • Warning labels on all products requiring them.
  • Tracking labels  on all products that require them.
  • Correction procedures to fix problems, conduct recalls, and respond to CPSC letters of advice.
  •  Incident reporting procedures to investigate incident reports, meet CPSC reporting requirements, and correct “systemic issues” found by the investigations.

Under both decrees, the companies must certify to the Compliance Office that they have met all provisions, accept CPSC facility inspections to ensure such compliance, and submit to at least two years of CPSC monitoring.


The CPSC sent 21 letters of advice to Unik from November 2011 to January 2015. The allegations involved lead content, phthalates, small parts, accessible batteries, art material labeling, third-party certification, and tracking labels


The Brightstar allegations involved lead content, warning labels on marbles, strollers’ folding mechanisms, third-party certification, and tracking labels. The CPSC sent nine letters of advice to Brightstar from September 2013 to April 2015.


Over the last several years, the creation of a compliance program has become a mandatory element of every settlement with the CPSC. 


The CPSC expects companies to have a robust compliance plan in place. Do you have all of the required elements in place?  Let Jacoby Solutions be your Independent Product Safety Coordinator and call us to schedule a CORE audit to see how your People, Process and Technology stack up..

JPMA Moderates Panel at ICPHSO

Jacoby Solutions at ICPHSO


At the International Consumer Product Health and Safety Organization (ICPHSO) Conference held on Feb. 23-26 in Orlando, JPMA moderated the panel: How Data Sharing Can Lead to More Effective Policy. The panel explored not only the importance of how sharing of data can improve federal rulemaking and regulatory policy, but also improve and refine corporate policy.

The session was moderated by JPMA Managing Director of Government and Public Affairs, Julie Vallese, and the panel participants were Joan Lawrence from the Toy Industry Association, Jennifer Schechter from Consumer Reports, Bill Jacoby of Jacoby Solutions and George Borlase from the CPSC. Drawing lessons from industry experts and regulatory agencies currently working in collaboration with regards to data sharing, this panel addressed ways to effectively share data and discuss how the interpretation of data can affect public policy, corporate policy and protections, and the public perception of issues.


Time for Small Batch Manufacturers to Reapply for Exemption for 2014

Small Batch Registration Deadline


NOTE that if you are a registered small batch manufacturer with the U.S. Consumer Product Safety Commission (CPSC) for calendar year 2013 and you wish to continue in this status, you must register again for calendar year 2014.  Registration must be submitted annually.  On or about December 1st, 2013, the CPSC will release instructions on how to renew your registration.


If you qualify and if you are a manufacturer of children’s products and produce in small batches, it is critical that you register for a small batch exemption if your sales are less than 1 million dollars from the previous calendar year or you have manufactured less than 7,500 qualifying (children’s products) units. See the CPSC website for details relating to your product.

If you are a new company  and new to this subject matter, you may have this question. Are small batch manufacturers currently required to third party test their children’s products in order to certify compliance to applicable regulations?

 It depends on the children’s product and the materials used to manufacture that children’s product.

Small batch manufacturers must always third party test for the following children’s product safety rules (Group A):

Qualifying small batch manufacturers are NOT required to third party test for compliance with certain other children’s product safety rules. Note, however, that all manufacturers, even those that are small batch manufacturers, must ensure that their children’s products are in compliance with the underlying children’s product safety rules in Group B and issue a general certificate of conformity (GCC)

Qualifying small batch manufacturers registered with the Commission are NOT required to third party test for the following children’s product safety rules (Group B):

With respect to Group B, qualifying small batch manufacturers will need to ensure that the products comply with those regulations and issue a general certificate of conformity (GCC).

As a qualifying small batch manufacturer, you will need to register with the CPSC on an annual basis.  You can visit the CPSC page for more information. Ignorance of the law is no excuse so please register today.

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.

Top CPSC Developments to Watch for in 2013

cut_red_ribbon_pc_400_clrThe 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;


Performance Measurement

FY2013 Target

Hazard Number of Voluntary standards activities supported or monitored by CPSC Staff


Hazard Number of candidates for rulemaking prepared for Commission consideration


Compliance Number of establishment inspections conducted by Field Staff


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


Import Number of import examinations


Import Sample yield per 100 import entries


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!

Is your company compliant? Need help in deciphering the law as it pertains to you? Jacoby Solutions can review your companies compliance plan and help you tailor your business operations to ensure you comply.  Contact us to get started today!


The Year Ahead

2013 – What to Watch from the Consumer Product Safety Commission

In a recent article from the law firm of Roetzel & Andress by attorneys, Brian E. Dickerson, John Boudet, Amanda M. Knapp and Jonathan R. Secrest, they outline five (5) areas for companies to watch out for in the New Year with regard to the CPSC.

  1. Commission Membership – currently the commission is made up of two Democratic commissioners and one Republican commissioner.  It is pointed out that President Obama can fill the two vacancies on the Commission this year; however one of those vacancies must be a Republican.  He has the choice of just letting the Commission continue as it is currently.
  2. Civil Penalties – civil penalties were dramatically increased with the passage of the CPISA in 2008 but thus far have not resulted in increased civil penalties for companies.  It was noted in the article that until October 2012, the commission was evenly split between Republican and Democrat commissioners and now with a Democratic majority the expectation is that civil penalties will increase.   An example of this was the 2012 Hewlett-Packard penalty where the number of incidents and the timing of reporting a product defect was the basis of the large civil penalty.
  3. Online Database Rulings – the CPSC’s online database,, was another issue brought forth by the law firm.  They discussed a recent opinion by a U.S. District judge in the matter of Company Doe v. Tenenbaum, where it was held that “the Commission had abused its discretion in seeking to publish a complaint on its online database because it failed to meet the statutory requirement that a compliant of harm be ‘related to’ the product identified in the compliant.”  Since this is the first court challenge to the online database it is uncertain as to if other companies will use judicial review to prevent publication in the database.  Additionally the current case is being appealed and is being joined by several consumer interest groups who are seeking to obtain the identity of the company and the product.
  4. Administrative Complaints – a more aggressive approach by the commission in the filing of administrative complaints and recalls of products was noted.  The case of the manufacturer of “Buckyballs” was used to show how the Commission went from working with the manufacturer on the development of education, packaging and warnings for the product to litigation, product ban and recall.  In addition the Commission showed a wiliness to go directly to retailers, urging them to stop selling the product.  It would seem that the Commission has adopted the stance that warnings are not sufficient to prevent hazards presented by products.
  5. New Section 6(b) Interpretation – section 6(b) of the Consumer Product Safety Act (CPSA) prohibits the Commission from disclosing information about a consumer product and the identity of the manufacturer or private labeler until the Commission has taken “reasonable steps” to assure that the information is accurate and fair.  In a new interpretation of section 6(b) the Commission has stated that it will announce that it is “investigating” a product or company solely on the information provided in an initial or full report submitted under section 15 of the Consumer Product Safety Act (CPSA)

Is your company compliant? Need help in deciphering the law as it pertains to you? Jacoby Solutions can review your companies compliance plan and help you tailor your business operations to ensure you comply.  Contact us to get started today!