News of Note top

1. A Perspective from European Seminar By Joan Mattson
2. Stone and Klaber Present at LexisNexis China Product Safety & Liability Conference
3. Safety Certification Program Honored
4. CPSC Working with State AGs on CPSIA Coordination
5. EU Reviews 10 Months of RAPEX
6. Recommendations to Congress
7. Tenebaum Speaks in Hong Kong
8. NSF International Receives Toy Safety Accreditation
9. A Perspective from European Seminar By Joan Mattson
10. New Sales Director at STR
11. XOS Demonstrates New Technology for Detection of Cadmium in Children’s Jewelry: HDXRF Instrument Helps Enable Enforcement of Sen. Schumer Bill
12. EU Member States Take Action Against Dangerous Cords and Drawstrings on Children’s Clothing

1. A Perspective from European Seminar By Joan Mattson

I just returned from a wonderful trip to Spain, where I was given the opportunity to present at a European Consumer Protection Seminar (the first one with Spain as current president of the European Union) hosted by the Community of Madrid. Government, business and consumer groups talked about the challenges of the European RAPEX incident/recall data system, and cross-border cooperation regarding product safety. Regulatory bodies from Portugal, Spain, France, Canada and the United States all had a chance to discuss current issues and updated regulations related to product safety and regulatory compliance. Close to 300 stakeholders attended the one day conference.

Though European regulators have long been involved and invested in consumer safety, one of the pioneers in consumer affairs and product safety in Spain is Josep Tous of Barcelona. As both parents and entrepreneurial business owners (www.ieconsumo.org), he and his wife, Tica Bosch, have been interested in how best to develop and communicate product safety and consumers rights, and how to show companies that there is a solid financial and ethical business case for developing and implementing a supply chain process that incorporates safety at every stage.

Josep is a former Director General for consumer affairs for the Spanish region of Catalunya, and has recently been instrumental in developing and producing a masters' level university program on consumer affairs, which includes a significant focus on product safety and compliance. This multi-university program is a groundbreaker and bears close watch; very few programs like this exist in the world (St. Louis University recently announced a safety professional certification program to begin this year). Josep also is working with others to develop a training program for Latin America and no doubt will encounter great success with that as well.

The bottom line is this: In a difficult economy, choosing safety over price point is still sometimes a tough sell to Spanish consumers. On the upside, companies in a competitive global environment recognize both the need for compliance and the responsibility to produce consumer products that protect the consumer and provide a competitive edge. It will be interesting to see how this country that equally values art, tradition and innovation embraces and balances safety with economic success, but it is clear they are determined to do so. I look forward to seeing the results.

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2. Stone and Klaber Present at LexisNexis China Product Safety & Liability Conference

Eric Stone speaks in Shanghai, China.

In December, K&L Gates, LLP served as the primary sponsor for the LexisNexis China Second Annual Product Safety & Liability Conference in Shanghai. Washington, D.C., partner and ICPHSO member Eric Stone discussed key provisions of the Consumer Product Safety Improvements Act of 2008 (CPSIA). He spoke on the implementation of CPSIA during 2009, reviewed enforcement activities and recalls, and discussed upcoming CPSIA deadlines and activities. Pittsburgh partner Dave Klaber, the conference chair, presented an overview of the latest developments in U.S. product liability. He focused on recent recall cases, examined changes to U.S. product safety and liability regulations in 2009, and proposed strategies for mitigating the liability risks when exporting to the United States. The Conference was attended by 170 delegates representing 98 Chinese companies.

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3. Safety Certification Program Honored

The Juvenile Products Manufacturers Association’s Certification Program has been named to the 2010 Associations Advance America Honor Roll, a national awards competition sponsored by the American Society of Association Executives and the Center for Association Leadership, Washington, D.C.

The goal of the Certification program is to educate parents on providing the safest environment for their children through proper selection and use of juvenile products. The JPMA Certification Program strives to aid parents in creating a safe environment for their babies and ensure that caregivers feel at ease knowing the products their children use are tested to the highest safety standards available today. Since the program’s inception in 1976, more than 2,000 products, in 20 categories, have been JPMA Certified.

“JPMA is proud to receive this recognition from ASAE,” said Michael Dwyer, JPMA Executive Director. “The JPMA Certification Program serves as a great example of the vital role that associations play in improving the quality of life in communities across the country.”

“The JPMA Certification Program truly embodies the spirit of the Associations Advance America campaign. It is an honor and an inspiration to showcase JPMA’s work as an example of the many contributions associations are making to advance American society,” said Associations Advance America Committee Chair Ping Wei, director of educational opportunities for the American Society of Civil Engineers.

Now in its 20th year, the prestigious Associations Advance America (AAA) Awards program recognizes associations that propel America forward – with innovative projects in education, skills training, standards setting, business and social innovation, knowledge creation, citizenship and community service. The JPMA Certification Program is one of only 24 selected for this recognition.

The Juvenile Products Manufacturers Association (JPMA) is a national trade organization of more than 250 companies in the United States, Canada and Mexico. JPMA exists to advance the interests, growth and well-being of North American prenatal to preschool product manufacturers, importers and distributors marketing under their own brands to consumers. It does so through advocacy, public relations, information sharing, product performance certification and business development assistance conducted with appreciation for the needs of parents, children and retailers.

ASAE (American Society of Association Executives) is the membership organization and voice of the association profession. Founded in 1920, ASAE now has more than 22,000 association CEOs, staff professionals, industry partners and consultant members. The Center for Association Leadership is the premier provider of learning and knowledge for the association community. The Center was founded in 2001. ASAE & The Center serve approximately 10,000 associations that represent more than 287 million people and organizations worldwide.

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4. CPSC Working with State AGs on CPSIA Coordination

CPSC has been meeting in closed-door sessions with representatives of about 30 state attorneys general offices, according to Compliance Director Gib Mullan in an article in the Product Safety Letter. At an October meeting of ICPHSO, he explains that there was been significant interest from the state enforcers in a “coordinated enforcement approach” to the CPSIA and that he expects regular discussion.

The CPSIA in Section 218 gave state attorneys general certain enforcement powers, such as stopping sales of violative, banned or recalled items. A concern has been that the Ads might act in contrast to CPSC. For example, in 2009 Mullan noted that although CPSC has a stay in place until February 2010 related to CPSIA certification provisions, state AGs were empowered to enforce those provisions and were not bound to respect CPSC’s stay. In response, a representative of the California Attorney Generals office said that states would be unlikely to move counter to CPSC’s stay, especially because it would mean convincing a federal judge to act despite the wishes of a federal agency. See CPSC overview of Section 219 at www.cpsc.gov/about/cpsia/sect218.html.

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5. EU Reviews 10 Months of RAPEX

Spain was the top RAPEX reporter in the first 10 months of 2009, according to an EU report made available in December. Spain made 178 reports over that time. Two other nations topped 100 notices: Germany (157) and Greece (146). Other busy reporters wee Bulgaria (93), the United Kingdom (89), Poland (86) and Slovakia and Hungary (84 each). Toys led the product categories with 414 reports. Others with many reports were clothing, textiles and fashion items (304); motor vehicles (129); electrical appliances (105); and cosmetics (72). The most frequently reported risk was chemical (435), followed by injuries (341) choking (224), shock (172), strangulation (134), fire (100) and burns (77). A copy of the report is available from ec.europa.eu/consumers/safety/rapex/docs/stats­_01-10_2009.pdf.

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6. Recommendations to Congress

On Jan. 15, the CPSP sent three recommendations to congress for improving the CPSIA. The suggestions received unanimous support from commissioners. The first involves flexibility in applying the section 101(a) lead provisions. The commission mentions children’s off-road vehicles, bicycles and books as items that are falling under the lead-content restrictions and suggests that Congress likely did not intend that. While not going into specifics, commissions asked for flexibility to help it deal with such unintended situations. Second is a request to exclude children’s books and other “paper-based printed material” from the 101(a) lead restrictions. Third, the commission seeks a lifting of the retroactivity of the coming 100 parts-per-million (ppm) lead limit. The commission points to resellers and notes that the 100-ppm limit will come into force only if technologically feasible. It thus urges that the limit apply only to products made after it becomes effective. A fourth item in the recommendations sections – addressing small businesses and crafters – is simply a statement that the commission will continue to consider their needs during rulemakings. It does not recommend any changes.

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7. Tenenbaum Speaks in Hong Kong

CPSC Chairman Inez M. Tenenbaum originally planned to attend the APEC Toy Safety Initiative Open Dialogue in Hong Kong on Jan. 12, 2010. Instead, she spoke via video.
You can watch the video of this speech here, in "streaming video" format. Here is the transcript of her speech.

Good Morning Ladies and Gentlemen.

Until just a few days ago, I was very much looking forward to being in Hong Kong with you. Unfortunately, developments in Washington required me to make the extremely difficult decision to stay behind rather than accompany our U.S. delegation to the Toy Safety Dialogue. I genuinely regret having to miss this important meeting and I hope that you will accept a recording of my remarks as a way for me to demonstrate my continued commitment to the work of the APEC Toy Safety Initiative.

Before continuing, please allow me to acknowledge those who worked so hard to make this event possible from both the private sector, under TIA’s sponsorship, and within governments. I would like to thank especially Ms. Jamie Ferman, the Project Overseer, whose tireless efforts ensured a great meeting in Singapore, last year, and made possible our gathering here today.

As Chairman of CPSC — one of the key U.S. safety agencies and a partner agency for many of you – I am very interested in the work of this Toy Safety Initiative. APEC economies produce the vast majority of the toys imported to the United States, and almost certainly the majority of the toys consumed in the world. We have an inherent partnership as the consuming and producing economies, and a mutual interest in strong safety standards to save lives, especially the lives of children.

To this end, I believe U.S. and international regulators must build on the success that has come from working together and encouraging the improvement of existing toy standards and the creation of any standards needed to address emerging toy hazards. Our experience suggests that the most pressing emerging hazards include:

• Choking hazards;
• Powerful magnets that can be swallowed and create a deadly blockage in the small intestines;
• Lead and other dangerous metals;
• Strangulation hazards;
• Sharp points and projectiles;
• Dangerous chemicals.

It is the role of product safety regulators to ensure that all of these hazards are addressed by manufacturers and that they are not allowed to harm our children.

The U.S. experience with safety standards has been that you get a great deal of product safety by relying on robust voluntary consensus standards coupled with regulatory authority to intervene quickly in specific cases. This is a useful combination because most of the expertise for safe design and manufacturing is in industry, not in government.

That’s why U.S. law originally set a preference for voluntary standards over mandatory regulations. This approach allows CPSC to rely upon voluntary standards if they are robust enough to eliminate or adequately reduce the risk of injury addressed and to act if the standards fall short. The Consumer Product Safety Improvement Act of 2008 – the CPSIA – recognized this principle when it made the ASTM F-963 toy standard mandatory. Yes, the law resulted in new federal toy regulations to address the market’s failure to meet the public’s concerns about safety — and CPSC will review the standard periodically to ensure that it is adequate — but the F-963 reference standard can continue to evolve largely in the private sector.

I would like to see that evolution take place in synch with the other major reference standards for toy safety because I think consumers will gain from expertise drawn from around the world and from closer harmonization of requirements in all marketplaces. I know it can be done; industry has already shown what it can accomplish when energies are focused on a common safety goal.

For example, consider how the toy industry’s record on safety has improved since the summer of 2007 when so many toys had to be recalled. With $22 billion worth of toys being imported annually from APEC economies into the United States, there were only 41 toy recalls in our jurisdiction during 2009. That figure compares very favorably to 2008, when there were 162 toy recalls.

Although we have a lot still to do, progress such as this makes me optimistic that we can accomplish even more.

The CPSIA was the United States Congress’ answer to the deficiency it saw in production and supply chain practices and an inadequate level of conformity assurance for children’s products. In some cases, such as lead and phthalate levels, the law is very specific, but in general, it creates a new paradigm for standards, regulations, and conformance assurances when it comes to toys and other children’s products. It creates a system that fosters constructive change – change by U.S. toy designers and importers and by foreign supply chain managers and testing lab operators.

Under the CPSIA, my agency has implemented the law’s mandatory third-party testing program for children’s products. The program is transparent and based on existing global standards. You can find a list of well over 200 accepted labs from around the world on the CPSC Web site – many of them from APEC economies — with more labs added each week. The baseline requirements for a lab to participate in our third-party testing program are accreditation to ISO 17025 – the laboratory management and competency requirements – and accreditation for the specific testing scope, by an accrediting body that is a signatory to the ILAC mutual recognition agreement.

Congress put in place additional safeguards for manufacturer-owned labs and labs owned or controlled in whole or in part by a government – but they, too, must meet the baseline requirements I have described.

The CPSIA is also decisive in its ban on phthalates. The U.S. Congress mandated that three types of phthalates would be permanently banned, and three others would be temporarily banned, while being studied further. To facilitate that study, our Commission approved, during December 2009, the appointment of seven independent scientists to serve on a Chronic Hazard Advisory Panel — we call that a “CHAP” — to assess the potential health risks from exposure to phthalates and phthalate substitutes.

The seven respected scientists selected were nominated by the President of the National Academy of Sciences. Under the rules, the nominees generally cannot be officers or employees of the United States government and cannot receive compensation from or have any substantial financial interest in any manufacturer, distributor, or retailer of a consumer product. I think the selection process shows a willingness to work with foreign partners. Three members of our phthalates CHAP come from Germany, the United Kingdom, and Canada.

For the three phthalates that were banned permanently, toys for children 12 and under are prohibited from having more than .1 percent phthalates. This rule went into effect on Feb. 10, 2009, and manufacturers, importers and retailers in the United States must comply with it.

Let me turn to lead. The progress we’ve seen recently must not tempt us to slacken our efforts to remove lead from children’s products. Almost one year ago, the CPSIA instituted the first mandatory limit for lead content in children’s toys and products in the U.S. at 600 parts per million. Then, in August 2009, the limit for lead paint on toys dropped to 90 parts per million. And the total lead limit in substrates dropped to 300 parts per million. These are now some of the most stringent limits in the world.

CPSC is aware that changes such as this need to be communicated quickly and clearly to suppliers. My colleagues and I at CPSC are doing all in our power to bring clarity to which products are impacted by the law, establish testing protocols, and work to accredit a sufficient number of testing labs in APEC economies and around the world. Just a few weeks ago, my fellow commissioners and I voted unanimously to extend a stay of enforcement on testing and certification of many regulated children’s products. Let me be clear, while enforcement of specific CPSC testing requirements has been stayed, the products must still comply with all applicable rules and bans.

Some of the categories of children’s products to remain covered by the stay of enforcement include: children’s toys and child care articles with banned phthalates, children’s toys subject to ASTM’s F-963 toy safety standard, electrically-operated toys, bicycles, and children’s sleepwear.

In addition, the Commission has decided that a general certificate of conformity is not required for these categories of children’s products pending the requirement to begin third party testing and certification. A full list of required certifications and effective dates can be found on our Web site at www.cpsc.gov. A great deal of that information is also translated into Chinese on the Web site.

The stay of enforcement will remain in effect for the children’s products I just listed while CPSC continues to work toward recognizing labs. To maximize successful transition to these requirements, independent third party testing and certification will only be required for these categories of children’s products 90 days after CPSC publishes the laboratory accreditation requirements for any individual category in the U.S. Federal Register.

The Commission also voted to extend the stay on certification and third party testing for children’s products subject to U.S. lead content limits. That stay is extended until Feb. 10, 2011. Under this decision, products must now meet the current 300 ppm lead limit, but certification and third party testing to show compliance will be required for all children’s products manufactured after Feb. 10, 2011. It is important to note that many major retailers in the United States have demanded, and most likely will continue to demand, independent testing and certification from their suppliers in order to have their products placed in their stores.

The stay of enforcement will end on Feb. 10, 2010 for four children’s products: bicycle helmets, bunk beds, infant rattles and dive sticks. Any of these children’s products, if manufactured after Feb. 10, 2010, will be required to have certification based on independent third party testing. The testing must be conducted by a laboratory recognized by CPSC.
Unchanged is the ongoing requirement for independent third party testing and certification for all children’s products subject to the following consumer product safety rules:

• The ban on lead in paint and other surface coatings.
• The standards for full-size and non full-size cribs and pacifiers.
• The ban on small parts.
• The limits on lead content of metal components of children’s jewelry

The Commission has decided not to require a General Certificate of Conformity for children’s products. Certifications for children’s products will be specific to regulated requirements once the stay of enforcement is lifted and third party testing is mandatory for products subject to those regulations.

A full list of required certifications and effective dates can be found on our Web site. Under the CPSIA, different rules apply to non-children’s products and I urge you to visit our Web site for more information on those items.

Consistent with the spirit of this APEC dialogue, my agency has spent the last year-and-a-half listening to stakeholders’ views on CPSIA implementation in an effort to maximize safety and at the same time, to minimize the financial impact on industry. Many of the comments we considered came from the toy industry in Hong Kong.

I am pleased to say that the Commission has voted unanimously to adopt an interim enforcement policy allowing component part testing. Under this policy, U.S. domestic manufacturers and importers now have a choice in certifying their products. As before, they can send samples of the entire children’s product out for independent third party testing. Now they also can certify their products as meeting lead paint and lead content limits in the following ways:

For lead in paint, they may obtain test reports from recognized independent third party testing labs showing that each paint on the product complies with the 90 ppm lead paint limit. OR they may have certificates from paint suppliers declaring that all their paint on the product complies with the 90 ppm lead limit, based on testing by recognized independent third party testing laboratories.

For lead content, they may obtain test reports from recognized independent third-party testing labs showing that each of the accessible component parts on the product complies with the 300 ppm lead limit. OR, they may have certificates from part suppliers declaring that all accessible component parts on the product comply with the 300 ppm lead limit, based on testing by recognized independent third party testing laboratories.

I must stress that while the stay of enforcement remains in effect for the certification and testing requirements for certain products, all products must comply with the safety standards and bans of the law. This includes the limits for lead content, lead paint, the ban on certain phthalates and the ASTM F-963 mandatory toy standard.

On our end, we will continue to put timely information on our Web site – in English and in other languages — for reference by stakeholders. And we will continue web-based interactive training seminars that will provide practical information for industry as it seeks to comply with U.S. requirements. One such webinar for Chinese toy suppliers took place only last month.

While the stay of enforcement from testing and certification to F-963 compliance is in place, CPSC staff is working hard to develop testing protocols and accreditation rules for the regulatory implementation of each part of F-963. When the stay of enforcement is lifted, domestic manufacturers, importers, and their suppliers will be expected to comply. Let me take a moment to make a prediction early on in 2010 related to F-963. I believe that the heavy metals cited in F-963, especially cadmium, are going to attract attention in the United States from consumer advocates, the media, and parents. I would highly encourage all of you to ensure that toy manufacturers and children’s product manufacturers in your country are not substituting cadmium, antimony, barium, in place of lead. All of us should be committed to keeping hazardous or toxic levels of heavy metals out of surface coatings and substrates of toys and children's products.

With the vast majority of toys consumed in the United States being imported from APEC economies, my agency fully recognizes that we live in a global marketplace. I am increasingly convinced that we regulators must increase our cooperation to best serve our consumers. As CPSC goes about the continued implementation of the CPSIA and our review of F-963, I assure you that we will be looking outward to find ways to harmonize our approach with our global partners unless cultural, economic, or other considerations warrant a unique solution.

One area where we have seen an increasing convergence of views on the right approach to increasing the safety of toys and other products is in the need for a systematic improvement of practices in the supply and distribution chain. During October of 2009, CPSC and AQSIQ met for our third Biennial Consumer Product Safety Summit. AQSIQ stated its recognition that consumer product manufacturers should work hard to guarantee quality and improve safety. It affirmed the importance of product safety and quality best practices through its supervision over consumer product manufacturers, which incorporates a risk rating system for products. It announced and is implementing New Regulation of Inspection and Supervision on Import and Export Toy by emphasizing product design, control of raw material, and product quality control to ensure that toys conform with relevant product safety requirements.

We at CPSC made clear our intentions to emphasize the need for U.S. importers to be more accountable as members of the supply and distribution chain. This includes addressing accountability for importers with regard to conformity assurance during production in a Final Rule on factors to be considered in assessing civil penalties, and creation and promotion of a new publication: “Handbook for Importing Safer Consumer Products.”

Additionally, we are planning to produce a series of webinars for U.S. importers of consumer products, focusing on the steps necessary to ensure adequate and relevant pre-market and production testing, including the need to ensure that foreign production facilities are knowledgeable about the federal product safety requirements that apply to the product being made.

Although we may be on our way out of the global recession, Asian toy suppliers have a long way to go before the red ink is behind them. I recognize that as my agency implements the CPSIA, international coordination in establishing and communicating new requirements can help the toy industry stay competitive in a world of international trade. I am as committed to transparency as I am to enforcement and as we go forward, I hope all of you will work closely with us through our comments process and open proceedings. It is essential that we find common ground through dialogue on “building safety into toys and children’s products.” The consequences of not building safety into a product, especially in a dynamic environment where there are not yet performance standards, can be grave – a lesson we have learned from magnets and which we cannot afford to ignore.

Voluntary efforts will only take us so far. In the U.S. market, the CPSIA has moved the emphasis on safety and conformance with standards as far up the supply chain as possible and performance by the various actors in the supply chain will be regulated. Over the next few weeks and months, CPSC will have to make tough decisions about whether manufacturing supply chains really are meeting new accountability requirements.

Let me close my remarks, by assuring you of my intention to focus on international cooperation – with China, with Europe, and with other key economies as our agency goes forward with its implementation of the CPSIA. I appreciate very much APEC providing an opportunity for me to once again share my thoughts on the challenges we face and opportunities before us as toy safety regulators.

Thank you all and I wish you very fruitful discussions today.

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8. NSF International Receives Toy Safety Accreditation

NSF International, an independent, not-for-profit organization that develops public health standards for food, water, dietary supplements and consumer goods, announced that it has obtained toy safety accreditation from the American National Standards Institute (ANSI) under the new Toy Industry Association (TIA) Toy Safety Certification Program (TSCP). NSF International is one of the first certification bodies approved by ANSI, the authority on U.S. standards and conformity assessment systems, to verify that products meet TSCP requirements. With 29 million children’s products recalled in 2008 and growing concerns among U.S. families about the safety of their children’s toys, TSCP directly addresses these concerns. The TSCP was created by TIA working in conjunction with ANSI to enhance the confidence of regulators, toy companies, retailers and consumers. The TSCP requirements include meeting the new federal legislation mandating that toys be tested by a qualified lab, as well as certified that they meet rigorous national safety standards and retailer requirements, which include heavy metals testing (lead and others), choking/small parts testing, mechanical and physical safety, flammability, chemical composition, phthalate content and electrical safety. This accreditation from ANSI broadens the scope of NSF’s existing International Accreditation Service (IAS). IAS accreditation confirms that NSF International’s toy testing services are conducted in compliance with U.S. and international standards, as well as the Consumer Product Safety Improvement Act (CPSIA). To become accredited by ANSI to verify compliance with the TSCP requirements, NSF International met all of ANSI’s product certification accreditation requirements, which included a field audit review and a quality systems process audit. “Making toys safer and protecting children’s health are important components of NSF International’s public health and safety mission. We have worked with ANSI to develop many standards during our 65 years and are honored to achieve toy safety accreditation to help lead the way in making toys safer,” said Dave Parzen, Business Unit Manager for NSF International's Consumer Product Safety Program. Manufacturers and retailers can also rely on NSF International’s toy safety resources for current information on regulations and standards.

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9. New SGS Services Help Companies Meet EU’s EcoDesign Directive

SGS Consumer Testing Services announced new global services to help electronic products manufacturers and retailers comply with the EU’s EcoDesign Directive for reducing the environmental impact of energy-using products (EuP) throughout their lifecycle. All products that use electricity must meet the directive’s environmental performance requirements or risk penalties including removal from the EU market.

SGS’s EuP services include energy efficiency testing to determine whether products are compliant with the directive’s requirements. SGS also offers EuP training seminars, product portfolio assessments to plan for upcoming compliance deadlines, assistance in preparing the technical documentation files required by the directive, CE marking indicating product compliance with the relevant EU health and safety requirements, and ecodesign consulting addressing areas ranging from energy consumption to hazardous substances and end-of-life handling.

The EuP directive addresses product categories ranging from computers, televisions and kitchen appliances to external power supplies, imaging equipment and lighting products on an individual basis, with different environmental requirements being developed for each class of products. The goal is to increase energy savings as well as reduce emissions of greenhouse gases believed to be responsible for global warming. “EuP is going to be in the spotlight in 2010 and beyond as the European Commission phases in implementation measures for each of the 34 product categories defined by the directive,” said Jennifer McDonnell, U.S. Business Development Manager, Global Sustainability Services, for SGS. “Retailers and manufacturers of products powered by electricity need to begin preparing now to ensure that they are able to sell their products in EU countries when the requirements relevant to their categories take effect.” More information about SGS’ EuP testing services is available at http://www.ee.sgs.com/eup_ee, by emailing uscts.inquiries@sgs.com, or by calling (800) 777-TEST.

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10. New Sales Director at STR

Jim Buell has joined STR’s Quality Assurance Services business as its new Global Sales Director. He will be responsible for helping to increase the company’s consumer product quality testing, audit, certification, and responsible sourcing business around the world. Mr. Buell, who has more than 30 years of consumer product experience, joined STR from Regal Ware Worldwide. He has also worked at JohnsonDiversey, the Clorox Company, and Procter & Gamble. He recently attended the ICPHSO conference and noted, “It was particularly helpful to hear directly from CPSC members about the issues they are addressing to keep the U.S. consumer safe. It was also energizing to be in a room filled with professionals focused on finding ways to protect the consuming public. “I am very excited about my new job and working in this very important industry.”

11.  UL Environment to Develop Sustainability Standards for LED Modules and Other Lighting Products

UL Environment Inc. is leading a collaborative effort to develop sustainability standards for indoor and outdoor lighting. The standards will assist consumers, designers, architects, and building operators to identify sustainable options for interior and exterior light fixtures, LED modules, and lighting components. UL Environment will seek input and knowledge from Standard Technical Panels comprised of manufacturers, government entities, non-governmental organizations, and consumer groups. The standards will consider a variety of environmental elements to make it possible for manufacturers to highlight their sustainability achievements. 

This is the seventh sustainability standards development effort UL Environment has initiated since the business launched in January 2009. UL Environment expects initial drafts of the lighting standards to be completed in 2010.

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12. XOS Demonstrates New Technology for Detection of Cadmium in Children’s Jewelry: HDXRF Instrument Helps Enable Enforcement of Sen. Schumer Bill

XOS recently demonstrated to U.S. Sen. Charles Schumer the company’s new High Definition XRF (HDXRF) for the detection of toxic metals in children’s jewelry. HDXRF provides the most precise, non-destructive measurement of cadmium, lead, and other heavy metals in the consumer-products industry. This breakthrough technology was developed by XOS and is currently in use by retailers, manufacturers, government labs, and third-party testing labs to detect for toxic elements before the products get into the hands of consumers. “New York is fortunate to have forward-thinking companies like XOS,” stated Senator Schumer. “By developing innovative technologies like the HDXRF they are not only addressing an important consumer issue, but they are also creating jobs.”

In the wake of several widespread reports of the presence of cadmium and other toxic elements in children’s jewelry, Sen. Schumer recently introduced legislation that would, for the first time, ban cadmium, barium and antimony in these products. While lead has been banned in such products for years, these other toxic elements referenced in Senator Schumer’s bill have not. XOS Inc., which fully supports Senator Schumer’s legislation, showed him firsthand how HDXRF enables manufacturers and government enforcement agencies to detect these and other toxic elements.

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13. European Two-Year Joint Action on Non Child-Resistant Lighters and Novelty Lighters Ends, A Three-Year Follow-up Action Takes Over

Since September 2007, market surveillance authorities in 13 European Member States have been busy running a joint action on non-child-resistant lighters and novelty lighters with the endeavour of enforcing the safety requirements for lighters. The European Commission, DG SANCO, generously supported the action financially, and PROSAFE coordinated the efforts of the Member States.

Lighters are known to have caused several house fires and fatal injuries in Europe for a number of years, so the aim of the joint action was to increase the safety for the European consumer by ensuring that only safe lighters are placed on the EU market. The joint action ended in December 2009 and the results are comprehensive: Some 2,500 to 3,000 inspections have been carried out at importers, wholesalers and retailers. Customs have inspected almost 8,000 consignments with lighters in their border control. Measures have been taken against more than 600 lighter models because of technical or administrative non-conformities and almost 300 models of novelty lighters have been taken out of the market. PROSAFE and the participating Member States issued a press release on Nov. 30, 2009, with the detailed results in conjunction with the final workshop from the joint action.

An analysis of the results however shows that a large share of the lighter models on the European market still do not comply with the legal requirements. Therefore PROSAFE and the participants proposed a joint follow-up action, which the European Commission decided to grant. The follow-up action started January 2010 and continues for 3 years. In addition to the market surveillance activities, the Member States and the European Commission also have agreed to prolong the European lighter decision that bans novelty lighters and prescribes that all low-cost cigarette lighters must be child-resistant. The decision was prolonged 12 March for another year. The full text can be found here. 

The full press release and more information are available from www.PROSAFE.org. Follow the links to "News & Events."

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14. EU Member States Take Action Against Dangerous Cords and Drawstrings on Children’s Clothing

Long cords and drawstrings on children’s clothing present a serious risk to children everywhere in the world. For example, the United States has seen a large number of recalls in recent years of clothes with dangerous cords or drawstrings. The problem is also common in Europe and therefore PROSAFE and market surveillance authorities from 11 Member States have run a joint action supported by the European Commission, DG SANCO, to decrease the exposure of children to these risks by removing dangerous clothes from the market.

The joint action started in August 2008 and ended this February. The main achievements include:

• Almost 5,000 inspections of economic operators, primarily retailers.
• Check of more than 16,000 models of garments.
• Measures against more than 2,000 dangerous garments.
• More than 400 garments presenting serious risks to the users have been notified to other Member State authorities via the European RAPEX system.

Two-thirds of the non-compliant garments were for small children (0 – 7 years). The rest were for older children (up to 14 years). The most common non-compliance was related to cords and drawstrings in the hood and neck area that accounted for more than 60% of all non-compliances. Cords and drawstrings in the chest and waist area accounted for another almost 20%.

PROSAFE and the participating Member States issued a press release with the detailed results as per 30th of November 2009 in conjunction with the final workshop from the joint action (attached). The full press release and more information are available from www.PROSAFE.org. Follow the links to "News & Events."

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