Fresh CPSIA

Searchable Consumer Product Safety Incident Database (SaferProducts.gov)

2009-09-11T11:24:00.002-04:00

The CPSC just released a report to congress on their plans to create a "Searchable Consumer
Product Safety Incident Database (SaferProducts.gov)".

The spirit of the CPSIA act is "self certification". To date, there has been little evidence of a committed and rigorous enforcement capability. It is now clear that part of the enforcement strategy is consumer whistle blowing and reporting, followed up by CPSC investigation and action.

I think that this announcement is a call to action for companies who have not committed themselves to be profitable and successful under the new business paradign created by the CPSIA act.

Ignore it at your peril!

CPSIA: A Marketing Opportunity?????????

2009-08-28T12:48:00.004-04:00

We all realize that the CPSIA act was passed to protect children under 12 from specific health hazards like lead and phthalates. And the cost of compliance is a new and often expensive and additional "cost of goods sold".

Is it only a costly inconvenience for most companies who have always been ethical and concerned about the safety of their products?

Remember back to the days when ISO compliance was critical to a manufacturers ability to sell into larger companies. That was a vary large and expensive commitment as well. In the end, it helped differentiate your organization from your competitors and was a story worth telling!

The CPSIA act is now a reality and an opportunity to differentiate your company, your products and your commitment - see Univenture’s Polypropylene Products Meet CPSIA Material Requirements

Firewalled Testing Laboratories Permitted by CPSIA

2009-08-28T12:32:00.003-04:00

I came across an interesting article on the internet this week "Third-party safety tests not required for Mattel". The article suggests that Mattel is getting special treatment somehow. But the CPSIA act supports the concept of fire walled testing as a valid and fully compliant option. The inhouse laboratory capabilities must certified and are as rigorous as any 3rd party lab. This recognition by the CPSC reflects that some companies have the engineering and science competency to test their products. Regardless the penalties and market place impacts are applied to the company not the lab.

CPSIA Webinar - CPSIA Compliance: "A Virtual Manufacturer"

2009-08-18T10:20:00.007-04:00

Please attend our first CPSIA webinar. The webinar is at 1 PM EST. Register here.

This session is going to help SMEs understand how to manage the expectations placed by the CPSIA and turn your CPSIA related activities into a competitive advantage while fully complying with the Act.

Webinar Title: CPSIA Compliance: "A Virtual Manufacturer"
Date: Today, the 18th of Aug
Time: 1 PM EST
Registration link: http://bit.ly/p4Y5N

Phthalate Testing - Accountability and Responsibility

2009-08-08T07:52:00.004-04:00

The CPSC released a series of commentaries on phthalate testing on August 7, 2009. The releases focussed on testing and are very relevent. What I found most interesting was the closing paragraph in the Statement of Policy: Testing of Component Parts with respect to Section 108 of the CPSIA, August 7, 2009

"D. Who Is Responsible for Deciding Whether to Test for Phthalates?
Manufacturers either know or should know what materials and components go into the products
they make, and if the product or its components contain one of the plasticizers specified in
section 108 of the CPSIA, the manufacturer or importer certifying the product must test the
component or product to ensure that it complies with the CPSIA. Failure to comply with section
108 of the CPSIA is a prohibited act under section 19 of the Consumer Product Safety Act
(CPSA) and can result in civil and criminal penalties. Likewise, failure to have a product subject
to section 108 of the CPSIA tested by an accredited third-party laboratory and have the
appropriate certification for that product is also a prohibited act under section 19 (CPSA)."

It's clear where the buck stops - it's here!

It's not just about GCC's ...............

2009-08-04T10:56:00.003-04:00

The visible implications of the CPSIA act are many and often expensive for many organizations: GCC's, labels, use of independent lab testing etc.

But much of the act is based on science, engineering and shop floor manufacturing. For example see
"Interpretative Rule on Inaccessible Component Parts" and "Testing of Component Parts".
To operate profitably and compliantly under CPSIA, organization with need understand the science and engineering implications of their processes. This means upgrading the skills of their staff or engaging consulting expertise as required.

CPSIA 2010 Plan and Budget

2009-07-29T12:02:00.004-04:00

For anyone thinking that the CPSC's focus on Children's Product Safety and the impact of the CPSIA Act will eventually go away like a bad poison ivy rash, take a quick look at the CPSC's 2010 budget and plan!

Budget grows to $107,000,000 including an increase of 43 FTE's.
In 2009, 17 rules were put in force and "60" CPSIA related activities are in progress.
2010:

3rd Party Testing

Random samply standards will be implemented
ongoing reviews of 3rd party testing to ensure that CPSC's standards are enforced and more importantly, the 3rd Party Testers do not begin applying their standards and interpretations.

Phthalates

Interpretative rules on products covered by the phthalates provisions of the CPSIA

and More ........

Conclusion: The impact of the CPSIA is not going away!

Can CPSC take Walmart's approach for CPSIA?

2009-07-28T09:13:00.003-04:00

Walmart CEO Mike Duke announced plans to develop a global sustainable product index to foster sustainable consumption on July 16th 2009. The index, according to Duke, will be a global opensource database with data on product sustainability. This database will contain information about the entire lifecycle of a prodcut including the materials, production method, disposal process etc.

Walmart plans to launch this initative by surveying its 100,000 global suppliers. The survey has 15 questions focusing on four areas:global energy and climate; material efficiency; natural resources, and; people and community.

Duke,the CEO, said "we want to spur the development of a common database that will allow the consortium [of universities] to collect and analyze the knowledge of the global supply chain.The index will bring about a more transparent supply chain, drive product innovation and, ultimately, provide consumers the information they need to assess the sustainability of products. If we work together, we can create a new retail standard for the 21st century."

I wonder if CPSC can encourage development of a global database of childrens product suppliers to help with the CPSIA Compliance. Much like folks at CPSIA-Compliance Blog are trying. I think, wikipedia /opensource type approach, to creating a database of compliant suppliers & materials would have been a more useful route. Any thoughts?

Walmart news
Questions for suppliers
Walmart sustainable product fact sheet

Tracking label requirements & CPSIA

2009-07-26T19:24:00.005-04:00

The CPSIA compliance has been met with criticism and confusion from small businesses, charities, and others who have complained about expensive testing requirements and vague and sometimes mixed guidance from the CPSC. Recently this was indicated in the blogosphere and twitter about the lack of guidelines from the CPSC about the CPSIA tracking label provision, Section 103(a) of the CPSIA.
The commission finally provided guidelines on the 21st of July. The CPSC commissioner talked to AP 5 days ago and these are the key points.

The tracking label provision, Section 103(a) of the CPSIA, goes into effect on August 14 and affects only products manufactured on or after that date.
The guidelines allow manufacturers to be flexible in how they comply with the provision.
The only requirement is that the tracking information required by statute be ascertainable from the distinguishing marks made on the children’s product and its packaging. "How an individual manufacturer chooses to achieve this end is left to the reasonable judgment of each individual manufacturer." Said Tenenbaum.
Manufactures can print the “tracking label,” which must be permanent and appear on the product and packaging, anywhere on the product and in any form, as long as it contains the specific source of the product, including the country, city and state where the product was manufacturered, the date of production, and cohort information such as the batch or run number. The information can be printed in full on the product, or a code can be used to allow consumers to find the information online.

Click here to read the Statement of Policy and click here to read a list of FAQs about compliance with Section 103(a).

Firewalled" Third Party Conformity Assessment Bodies

2009-07-21T11:12:00.003-04:00

One of the interesting provisions in the CPSIA act was the recognition that companies can establish and accredit their own in-house labs. The results of that testing is acceptable to generate General Certificates of Conformity (GCC's). The "firewalled" term is used to clarify that Labs must independent for the company and able to return unbiased and clear scientific results. Theoretically
these Labs could offer their services to external comapnies as well.

On July 20, 2009, the CPSC has identified 7 LABs that are close to being approved.

Children's Jewellry Decision

2009-07-20T11:42:00.003-04:00

The three commissioners each published decisions on the Fashion Jewelery Trade Association request to exclude crystal and glass beads contained in children's jewelry and other products from the lead limits set by Congress in the CPSIA Act.

Significantly, the CPSC declined the request on a 2-1 vote despite some reasonable science that supported the case. The Commission is standing firm behind the act and is not prepared to support nibbling at the edges of the spirit and intent of the legislation.

To review the three opinions see:

Chairman Tennenbaum
Commissioner Moore
Commisioner Nord

1 step to better learning and performance using latest neuroscience research

2009-07-16T09:54:00.004-04:00

This is a copy of my post on a different blog.

I am mid-way in the book How we decide? when I started thinking, how I can improve my performance and learning abilities leveraging leading edge neuroscience? This is what I decided based on the evidence provided Jonah's book.

After a project is delivered do a formal lessons-learned session (with or without your team)- the objective: to find at least 3 things you can improve on the project.

Here is Jonah talking at Google.

Testing and complying your way out of business

2009-07-14T07:04:00.001-04:00

I came across this good article in Arizona Republic (via overlawyered.com ) on the difficulties besetting small domestic manufacturers due to CPSIA compliance.

Bumkin, a Scottsdale diaper maker, reports that it spends about 1000 USD for testing each batch of garment it buys and testing costs now contribute 25% of the product cost!

Boon Inc, a Chandler toy maker that has spent $400,000 on compliance efforts with no end in sight since the act was passed two year years ago.

CPSIA Penalties

2009-07-13T11:18:00.004-04:00

There has been considerable press coverage of the fines issued by the CPSC for lead violations in Children's products - see

It is interesting to note that the violations occurred before the passing of the CPSIA Act of August 14, 2008. Does this suggest that the penalties in the CPSIA Act will be more severe or more unilaterally applied than in the past? No one knows because there has been no post August 14, 2008 decision released. What it does do is validate the intent of the act. It means that companies in the Childrens Consumer Product supply chain must comply with the act if they want to avoid the penalties both financial and to their corporate and product reputations.

The Commitment to Chilrens Safety Remains Strong

2009-07-13T10:17:00.003-04:00

Recent decisions and staff recommendations issued by the CPSC like the "Request from the Fashion Jewelry Trade Association, et al. for Exclusion from Lead Content Limits under Section IOI(b)(1) of the Consumer Product Safety Improvement Act (CPSIA)" indicate that the commissions commitment to safety in the childrens consumer product market remains strong. The commisions scientific analysis recognized that the Jewellry Associations arguments were reasonable but bottomline any risk was unacceptable.

http://www.cpsc.gov/library/foia/foia09/brief/fashionjewelry.pdf

CPSIA compliant software

2009-07-10T11:37:00.003-04:00

I think NGC is the first company to produce a e-sourcing software that helps with CPSIA compliance.
As a matter of fact for their innovative work helping retailers and manufacturers respond to the CPSIA resulted in them getting included in the 2009 Supply & Demand Chain Executive 100 awards.
I am aware from our experience getting a product life cycle management system to be CPSIA compliant is not an easy task.

Inez Tenenbaum's view on CPSIA

2009-07-10T09:38:00.004-04:00

Inez Tenenbaum, thenew CPSC head, in her prepared remarks before the U.S. Senate’s Commerce Committee on June 16, noted that the implementation of the CPSIA will be her highest priority.

During questioning, she emphasized the need for common sense and cooperation among the CPSC, the Commerce Committee, children’s product industries, and consumer groups. Tenenbaum also said she was aware of the concerns of small businesses and other constituencies, but that it was too soon to take a position on whether the Act needs to be changed.

Statements likes these strengthen our belief that CPSIA is a reality.Therefore, it is strategically important for ethical and profit oriented managers, like your self, to learn about CPSIA to operate effectively and remain relevant in the childrens products market!

See our service

Is there more to the CPSIA Act than issuing GCC's?

2009-07-09T10:59:00.005-04:00

The General Certificate of Conformity (GCC) is the visable part of the act. It is required to import children's products into the United States and more importantly, to sell children's products to consumers.
However, companies must introduce improved manufacturing, purchasing, compliance and testing practices into their businesses in order to issue valid GCC's. This is the real intent and impact of the CPSIA act. And this is the real challenge for every company manufacturing, importing, distributing and selling children's products.

Consumer Prodcut Safety Improvement Act (CPSIA) and QLogitek

2009-07-09T09:07:00.004-04:00

QLogitek has been keeping a close eye on the development of the CPSIA legislation in the US and has recently launched a CPSIA Compliance Service, the first in Canada (to my knowledge), to help Canadian exporters to the US.

Our CPSIA consulting team has helped a large Canadian Toy exporter (any guess, who?) to the US meet the new regulations under the CPSIA. I am very happy to say that a senior member of this consulting team, Bob Milette, will be co-editing this blog with me. Bob, has been a Wordpress guy until now, so I welcome Bob to this CPSIA blog running on Blogger!

In the next post, we will provide some information about what you, the reader, can expect from this blog.