| Other Stories in the October 12, 2015 issue ofPRODUCT SAFETY LETTERavailable to only paid subscribers Highchair Rearward Stability Targeted in Section 104 SwitchCPSC staff's October 7 draft Section 104 switch for highchairs would add requirements for rearward stability and for warnings to F404-15. Sole Comment Supports Petition on VGB Technology AcceptanceThere was one comment – supportive – to a petition that sought a CPSC determination that a technology qualifies as an anti-entrapment system under the Virginia Graeme Baker (VGB) pool law. ANSI Battery Panel Discusses Ingestion Warnings and MoreThe ANSI C18 battery committee October 7 discussed warning language, definitions, straw polls, and hearing instruments. CPSC Gives More Details on Dilution Chamber for Generator WorkCPSC October 7 made available an overview and schematic of a dilution chamber that a staffer built for work related to portable generators. Senate Panel Revisits Many CPSC Recall MattersDiscussion October 8 before the Senate Commerce Committee's product safety subcommittee centered on CPSC matters that have been the subject of controversy in recent years, including the voluntary recalls rule and the retailer reporting program. Polaris Explains Tip-Potential Test MethodPolaris October 5 presented new test methodology to assess recreational off-road vehicle tip hazard potential during a Recreational Off-Road Highway Vehicle Association (ROHVA) meeting. ECHA to Update Substances-in-Articles GuideThe European Chemicals Agency (ECHA) September 30 said it plans a two-stage update to its Guidance on Requirements for Substance in Articles. EU Parliament Urges Protections of Traditional ItemsThe European parliament October 6 adopted a non-binding resolution encouraging better name protections of products linked to regional craftsmanship. ECHA Moves towards PFOA RestrictionsThe Committee for Risk Assessment (RAC) of the European Chemicals Agency (ECHA) in September adopted an opinion in support of proposals to restrict perfluorooctanoic acid, also known as pentadecafluorooctanoic acid. Australia Reveals More on Textiles TestingThe Australian Competition & Consumer Commission (ACCC) October 7 made available data on its recent review of aromatic amines in textiles. NHTSA Looks at Drivers' Risky Electronic Device UseThere was a statistically significant increase in drivers observed texting or otherwise manipulating handheld electronic devices from 2013 to 2014, according to the National Highway Traffic Safety Administration (NHTSA). Justice Announces FBI's Online Fakes StrategyThe FBI will work with third-party marketplace websites to address sales of counterfeit products on their platforms, the Justice Department said October 2. CPSC & Other U.S. BriefsBriefs on window cords, traffic deaths, pediatric beds, infant swings, lead, ATVs, hunting blinds, bed handles, highchairs, and more. Standards & Testing BriefsBriefs on building material, fire tests, pavement, synthetic turf, cables, dishwashers, battery charges, and more. Foreign & International BriefsBriefs on endocrine disruptors, REACH, ladders, bicycles, cleaners, bike helmets, roasting pans, and more. |
Two California companies that import toys have agreed to create compliance programs to settle allegations of violating CPSC requirements, the Justice Department said October 6. They are enjoined from selling and importing toys or other children's products until the programs are 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).
The both compliance programs' are mostly the same and as described in the consent decrees entail:
- Independent "Product Safety Coordinators" (no financial or personal ties) who would help the companies set up the programs and audit products to determine which require testing and certification to CPSC rules.
- Third party labs that Unik must "engage or cause to be engaged" and Brightstar must "retain." The companies must ensure the labs are looking at all required safety issues. The decrees list the following concerns but emphasize they are not exhaustive: small parts (both companies), rattle requirements (Brightstar), lead content (both), lead paint (Brightstar), phthalates (both), and ASTM F963 (Unik).
- Periodic product testing 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 marks on all products requiring them.
- Correction procedures to fix problems, conduct recalls, and respond to CPSC letters of advice.
- Investigation procedures to scrutinize 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 Justice Department's announcement has links to both complaints and both decrees. See 1.usa.gov/1jcQnMM.
The Unik allegations involved lead content, phthalates, small parts, accessible batteries, art material labeling, third-party certification, and tracking labels. CPSC sent 21 letters of advice from November 2011 to January 2015.
The Brightstar allegations involved lead content, warning labels on marbles, strollers' folding mechanisms, third-party certification, and tracking labels. CPSC sent nine letters of advice from September 2013 to April 2015.
Compliance programs increasingly are a standard part of company's settlements with CPSC.
