CSPC Letter on Lights Might Open More Firms to Compliance Programs

CSPC’s July 14 warned manufacturers, importers, and retailers of holiday lights and related decorations that they are responsible to follow UL standards for such products. It will deem those not complying to be substantial product hazards. This advisement came in a letter addressed generally to such firms.

It echoed CPSC’s tack with children’s upper, outerwear with drawstrings. In 2006 (PSL, 5/26/06), the agency issued a similar letter saying it expected companies to comply with the appropriate ASTM standard against such cords. Since then, it has initiated numerous related recalls, many of which later led to companies – mainly retailers – settling over alleged section 15 violations. The trend, in turn, opened the companies to one of the agency’s newer strategies: the creation of compliance programs at companies making such settlements.

These programs aim to ensure that the firms do not repeat the alleged problems that led to the agency’s attention. While such compliance programs could be part of a pending and controversial interpretive rule on voluntary recalls, CPSC already seems to be seeking them as a matter of course when negotiating settlements.

Meanwhile this “generic-defect” approach to drawstrings also led to children’s garments with cords – as well as hairdryers without immersion protection devices – to get 15(j) treatment (PSL, 5/7/10). Section 15(j) in CPSC’s rules was added by the CPSIA and lets the agency specify by rule what makes certain products substantial hazards.

However, it remains to be seen if holiday lights meet the criteria: coverage by a voluntary standard, data suggesting a standard is effective, and the absence or presence of an element that makes noncompliance readily observable. While the agency’s letter on holiday lights addressed the first two, it remains to be seen if CPSC could deem anything covered by the UL standard to be readily observable.

That standard is UL 588, Seasonal and Holiday Decorative Products, which deals with requirements involving strain relief, fuses, and wire size. The agency asserted its effectiveness, pointing to an annual average of 11.9 deaths and 44.3 nonfatal incidents from 1980 to 1996 prior to changes for such requirements. Afterwards, from 2000 to 2013, said CPSC, those data fell to 3.1 deaths and 26.1 nonfatal incidents.

The agency warned that lights it deems to be substantial product hazards risk detention, seizure, destruction, or recall. It urged companies to review their product lines, and warned:

“No persuasive reason exists for you to import, manufacture, distribute, or sell seasonal lights and decorative outfits that do not meet the UL standard, especially because you are now on direct notice and have direct knowledge of our safety-related concerns, to the extent you were not directly knowledgeable already.”

The letter on holiday lights is at www.cpsc.gov//PageFiles/169801/HolidayLightsLetter.pdf.