Safety Matters

Registration Card Requirements for Durable Infant and Toddler Goods Effectively Postponed for up to Seven Months

Section 104(b) of the Consumer Product Safety Improvement Act (CPSIA of 2008) requires the Consumer Product Safety Commission (CPSC) to set in place a final ruling regarding product registration cards for durable infant and toddler goods by August 14, 2009.  However, the notice of proposed rule making (NPR) published in the federal register today indicates that public comments are not due until September 14, 2009.  Furthermore, the notice proposes that the effective date for registration cards will be 180 days after the final rule is published, rather than the customary 30  to 90 days. 

Assuming the final rule is published 30 days after all comments are received, registration cards may not be required until mid-April 2010. 

For manufacturers and importers who had anticipated having to include cards and develop database tracking systems by fall 2009, this news will come as a welcome, if only temporary, reprieve.  To consumer advocates who had been promised the hope of a more effective product recall system, the news is undoubtedly disappointing.

Whether you agree or disagree with the proposals, now is the time to speak up.  The Commission is seeking comments on everything from whether a definitive list of “durable goods” ought to be made available to whether or not the prepaid return cards should follow a mandatory format.  Above is an image of the proposed cards that the Commission is currently suggesting every manufacturer adopt (click the image to enlarge).

The proposed layout is a perforated card whereby the top half can be kept by the consumers for their records and the bottom half returned to the manufacturer.  The CPSIA mandates that the cards include the model name and number and the manufacture date, which the Commission proposes can be be pre-printed or affixed with a label.

One of the questions raised is whether the proposed design is likely to improve safety.  For example, are consumers likely to keep the stub they tear off and, should they have a safety question several years later, are they likely to refer to the card rather than look up the manufacturer online or in a directory?  If the answer is no, then perhaps the double-sized, perforated card is unnecessary.  Another question the Commission asks is whether or not manufacturers should be allowed to offer registration by email rather than maintaining a webpage where consumers can register their products.

You can submit your comments to the CPSC via the regulations.gov website, here.  Please note that your name, contact information and comments, as submitted, will be printed for public view.

WeMakeItSafer.com is LIVE!

 I am very pleased to announce that http://WeMakeItSafer.com  is LIVE!  

Please go on in to check it out and let us know what you think – feedback links at the top of every page.  Also, be sure to follow us on twitter @WeMakeItSafer (http://twitter.com/wemakeitsafer) as we will be continuously rolling out new content and features.

Please tell all your friends - especially those with kids at home or those with senior family members living alone - to stop by the site and peruse our simpler than ever recalled-product gallery to make sure there aren't any items in their homes with safety defects.  Unfortunately, nearly everyone owns dangerous, recalled products without knowing it.

And, don’t forget - never buy or sell another secondhand item without running a search at WeMakeItSafer.com first.  Together, we can make the world a safer place.

Return Blair Catalog Robes Immediately - Six Deaths Reported

In April 2009, Blair, LLC announced a recall of certain women's, 100% cotton robes sold between January 2003 and March 2009 due to failure to meet federal flammability requirements.  At the time of the recall, Blair had received three reports of robes catching fire, with one of the incidents resulting in second-degree burns.

Since the recall announcement, Blair has received six reports of death due to the robes catching fire.

The recalled robes have a button front, long sleeves, a straight bottom and two pockets. The robe’s label states: “100% Cotton, RN 81700, Made in Pakistan”.   The following item numbers are included in the recall and can be found on the label at the robe's neckline:

• 3093111
• 3093112
• 3093113
• 3093114
• 3093115
• 3093116

The photo above may not accurately portray every recalled robe. If you ever purchased a Blair robe, if you cannot remember where you purchased your robe, or if you received a robe as a gift in the last seven years, WeMakeItSafer urges you to check your robe against the above description.  Please also check the robes of your senior friends and family; three of the six deaths were of senior citizens.

Although the robes were sold for $20 -$40, Blair is offering a choice of refund or $50 merchandise certificate for return of the robes.  Contact Blair toll-free at (877) 392-7095 between 9 a.m. and 9 p.m. ET Monday through Saturday, visit the firm’s Web site at www.blair.com/recall, or contact the firm by e-mail at blairproductrecall@blair.com

Please help spread the word on this very important information.  The link to this post is: http://blog.wemakeitsafer.com/jennifer/2009/06/return-recalled-robes.html

More information:

CPSC Announcement
Blair document citing efforts to retrieve recalled products

Mattel Denies Knowing Products Violated the Law – How Will MAT Stock React?

Following investigation, CPSC staff accused Mattel (MAT) of knowingly importing and selling toys that contained high levels of lead in violation of the law.  The toys were recalled by the millions during the summer and fall of 2007 in a media frenzy that awakened US citizens and government officials to the need for higher standards, more thorough monitoring and harsher consequences for violators.  Mattel will pay those consequences as one of the largest civil penalties in CPSC history, a $2.3 million settlement, was announced today.

Commissioner Moore commented that "This penalty should serve notice to toy makers that CPSC is committed to the safety of children, to reducing their exposure to lead, and to the implementation of the Consumer Product Safety Improvement Act."

While manufacturers may sit up and take note, for a company the size of Mattel at $5.9 billion in annual revenue, $2.3 million won't be felt at all on the bottom line, and determining whether the announcement has any impact on Mattel’s immediate stock price will have to wait a few days.  Although the deal was signed on May 29, 2009, it was not announced until today, after the market closed on a Friday. 

In a touch of irony, The Motley Fool’s James Early mentioned the stock in his “The Best Stock to Own” post, published just an hour or two before the settlement announcement:

Speaking of companies with strong brands, I'm taking a hard look at Mattel (NYSE: MAT), which manufactures a portfolio of iconic toys, including Barbie, Hot Wheels, Fisher-Price, and Matchbox. The stock has been fairly volatile over the past few years, thanks to a string of product recalls in 2007 and dicey consumer demand of late -- but I think brighter days lie ahead as soon as consumer confidence rebounds.

Perhaps today’s settlement will signal to investors the end of a difficult period for Mattel and a chance to finally move forward.   However, the question remains whether today’s settlement will settle the matter in the minds of consumers.  As long as Mattel can avoid further missteps, my guess is that it will and, other than some minor residual effects from the reminder of Mattel’s faltering, consumers will soon get over it.  After all, our kids love Barbie, Dora, Elmo, Sarge and the rest – we’ve been searching for reasons to forgive Mattel for over a year now.

As part of an ongoing study of the financial impacts of product recall, WeMakeItSafer will be watching the Mattel stock closely over the next several weeks.  Check back for future publications on our findings.

“Healthy People in a Healthy Environment”

The 2009 National Environmental Public Health Conference will take place October 26-28 in Atlanta, GA.  From the conference website: “The conference aims to develop and encourage innovative strategies for addressing existing and emerging issues in addition to being a forum for CDC [Center for Disease Control]/ATSDR [Agency for Toxic Substances and Disease Registry] and its many partners to share research, scientific, and program information focusing on environmental public health priorities.”

Those interested in presenting at the conference are invited to submit abstracts by May 22, 2009.  Abstracts should fit into one of two categories, Scientific Research Findings or a Descriptive Summary,  the latter being “most appropriate for description of programs, discussions of environmental health policy, and models for program dissemination and capacity development.”  For more information, visit: http://www.team-psa.com/2009nephc/Abstract_Submission.asp

Commissioners Disagree on Product Tracking Labels

It appears that, for the moment, we are at a stand-still with regard to tracking labels for children’s products, which the CPSIA requires as of August 14, 2009.  Earlier, I had predicted a stay as the CPSC works out the details of the label requirements.  As of today, however, a stay remains in limbo as the two-person commission voted 1 – 1 for and against such an action.

Nord, who voted for the stay, argues that there simply is not enough time for manufacturers to develop and implement a labeling system.  She further implies that manufacturers need guidance from the CPSC on exactly what is required before they can comply, and that more time is needed for the CPSC to work out those details as a “one-size-fits-all” system will not work. 

Moore counters by stating that, “Unlike other provisions of the CPSIA, section 103 does not require the Commission to adopt regulations as an aid to compliance.”  He points out that the new law does not stipulate, for example, that the labels be a certain size or in a particular location on the product and suggests that this serves as Congress’ understanding that one-size does not fit all. 

Should we land on Nord’s side of the fence, manufacturers of all sizes will be relieved of the labeling requirement for another year.  Her hope is that, by then, there will be solid guidelines for a more standardized labeling system, possibly a globally accepted one.  For large manufacturers for whom placing thousands of labels will require costly operations, design and manufacturing changes, a stay could save millions of dollars in future reworking.

By contrast, should the labeling requirements be enforced on schedule, as supported by Moore, companies will be allowed to implement any reasonable system that works with their particular product, keeping in mind the purpose of the statute.  Especially with regard to smaller businesses, this will allow flexibility in developing cost-effective labeling methods.  Although Moore makes room for developing standards in the future, he says that if that becomes necessary, it would be done so over time.

Here is Section 103 of the Consumer Product Safety Improvement Act of 2008 (CPSIA) in its entirety: 

SEC. 103. TRACKING LABELS FOR CHILDREN’S PRODUCTS.

(a) IN GENERAL.—Section 14(a) (15 U.S.C. 2063(a)), as amended
by section 102 of this Act, is further amended by adding at the end the following:

‘‘(5) Effective 1 year after the date of enactment of the Consumer Product Safety Improvement Act of 2008, the manufacturer of a children’s product shall place permanent, distinguishing marks
on the product and its packaging, to the extent practicable, that will enable—

‘‘(A) the manufacturer to ascertain the location and date of production of the product, cohort information (including the batch, run number, or other identifying characteristic), and
any other information determined by the manufacturer to facilitate ascertaining the specific source of the product by reference to those marks; and

‘‘(B) the ultimate purchaser to ascertain the manufacturer or private labeler, location and date of production of the product, and cohort information (including the batch, run number, or other identifying characteristic).’’.

(b) LABEL INFORMATION.—Section 14(c) (15 U.S.C. 2063(c)) is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) and by inserting after paragraph (1) the following:

‘‘(2) The cohort information (including the batch, run number, or other identifying characteristic) of the product.’’.

(c) ADVERTISING, LABELING, AND PACKAGING REPRESENTATION.—
Section 14 (15 U.S.C. 2063) is further amended by adding at the end the following:

‘‘(d) REQUIREMENT FOR ADVERTISEMENTS.—No advertisement for a consumer product or label or packaging of such product may contain a reference to a consumer product safety rule or a voluntary
consumer product safety standard unless such product conforms with the applicable safety requirements of such rule or standard.’’.

You can read the entire Section 2063 of the the CPSA, which this section of the CPSIA amends, in the resources section of this blog.

Where Have You Been?

Blog posts have be sparse over the last couple months, but for a very exciting reason - we have been working feverishly to get the WeMakeItSafer site up!  I am very happy to announce that we are officially entering alpha mode this weekend. 

This is our testing phase, and it means launch is just around the corner.  If you would like an invitation to our Beta launch, please visit http://WeMakeItSafer.com to submit your email address.

You can also track WeMakeItSafer launch updates, as well as Health & Safety news, by following us on Twitter @WeMakeItSafer .

Safety To-Do #11: Check Bicycle Helmets

The weather is warming up and the bicycles are coming out.   Time to check your family's helmets to make sure they still fit properly and have not suffered any damage.   Any signs of cracks, compression or lose and frayed straps mean it is time for a new one.  Safety tips and links to more bicycle helmet information can be found in my post regarding 2009 Bicycle Helmet Safety Guidelines. 

Not convinced of the importance of helmets?  Check out my post from last year when my son, Sam, crashed on his bike.  A scar on his face lives as a permanent reminder that he hit the curb head-first.  Without his helmet, it would have been much, much worse.  We are incredibly grateful that he was wearing a well-fitted, CPSC compliant helmet.  There is a picture of his helmet post-crash on the blog entry along with some humbling bike crash statistics.

Safety To-Do #11 is to check each family member’s helmet and purchase new ones as needed.

CPSIA Rulings – A Long Road Still Ahead

 

For as many rulings as have been handed down by the Consumer Product Safety Commission (CPSC) over the last seven months since the Consumer Product Safety Improvement Act (CPSIA of 2008) was enacted, there are as many still to come.  From the content of mandatory product recall announcements to the specifics surrounding registration cards and tracking labels, the extent of the unknowns that linger, as effective dates draw nearer, is as daunting as ever. 

The CPSC still has a huge task ahead.  At a point when, theoretically, about half the rulings should be already worked out, it seems unlikely that the remaining deadlines can be met.  I would not be surprised if we see more “grace periods” or official stays similar to the one we saw in January for certain certification and third-party testing requirements. 

One such case where a stay is possible is with regard to permanent labels for children’s products (CPSIA Section 103).  The CPSC is currently seeking advice as to whether or not to work toward a universal, international labeling and tracking system.  While a global system may be a good move, manufacturers of children's products sold in the US are required by the CPSIA to begin using permanent labels on products and packageing by August 14th of this year.  Although talks are already underway, with a meeting being held this week (see below), given that public comments are not even due until April 27, 2009, my guess is that the effective date for tracking labels will need to be pushed out. 

In the meantime, manufacturers struggle with whether to take steps toward planning the redesign of their production lines and business processes to accommodate the new labeling laws and internal tracking that will be needed – a nontrivial task to say the least – or to wait until they know exactly what the requirements will be.

Either way, there is something manufacturers and others can do besides sit and wait for the CPSC to resolve the ambiguities of the CPSIA.  That is, participate in public meetings and comment requests.  Now is the best time to influence the final rulings on these laws.  Once they become official regulations, it is incredibly difficult to get them reversed.  

Opportunities to make your voice heard for this week are listed below.  You can find more information regarding location, times and links to official announcements on the Consumer Product Safety Information Calendar .  By clicking on the event title you will see additional details as well as a link to copy the event to your own calendar.

Monday, March 16 – Thursday March 19
CPSC Mtg re: ASTM F15 

Tuesday, March 17
CPSC Mtg re: Lead Testing and Tracking Labels for Jewelry

Wednesday, March 18 – Thursday, March 19
CPSC Mtg re: Barrier Fabrics

Wednesday, March 18
Product Labeling Mtg w/ CPSC re: a Proposed Global Traceability

Thursday, March 19
CPSC Mtg re: Certification Requirements, Specialty Products

Safety To-Do #10: Prevent Accidental Poisoning

“NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, do hereby proclaim March 15 through March 21, 2009, as National Poison Prevention Week.”¹

This week is National Poison Prevention Week.  It has been established to encourage Americans to learn more about the dangers of accidental poisonings and to take appropriate preventive measures.  According to SafeKids, every year more that 1.2 million children under the age of five are accidentally poisoned.²   While over forty percent of those poisonings are attributed to accidental exposure to prescription drugs, the remaining are caused by everything from household cleaners to wild berries. 

There are numerous tip-lists about poison prevention online, most of which focus on keeping potentially dangerous products out of reach or locked up.  These are important steps and, with toddlers and pre-schoolers in the house, should not be taken lightly.  If you have been putting off child-proofing your home because your child(ren) are too young to walk, or because you feel your child is under constant supervision, now is the time to install latches on cabinets and put up high any chemicals in your garage.  Before you can blink, baby will be curiously exploring – often right under your nose.  Also, don’t forget travel cases and handbags, especially of visitors; make sure they are out of reach as well.

For children old enough to understand, knowledge can be the greatest protection.  The best publication I found for tips on how to talk with children about poisons was drafted by the American Association of Poison Control Centers (AAPCC).  It will teach you how to describe poisons and explain what to do and not to do in language your children will understand.

This week’s Safety To-Do list is for parents and grandparents of young children as well as anyone else who may have young children visiting his or her home.  Here it is:

• Put away all medications (don’t leave on counter or nightstand).

• Purchase and install cabinet and drawer locks.

• Make sure poisons outside and in the garage are out of reach.

• Talk with children (starting around age four or five) about poisons.  Teach them what poisons look like and what to do to avoid getting sick.  Repeat the discussion periodically.

¹ White House Press Release, Office of the Press Secretary, March 13, 2009

² SafeKids USA