Fri, 04 May 2012 13:04:56 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert a2ffa6cd-b0a9-4097-b7c3-4d46f6da5dd9 Fri, 04 May 2012 13:04:56 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/OSHA-Changes-to-MSDS-Chemical-Labeling-May-11-Public-Meeting-on-New-GHS-Standards f6359137-5767-4e36-bac1-bad4ce2e4e95 Wed, 02 May 2012 11:33:43 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/PRM-Group-Hosts-Luncheon-With-CPSC-Commissioner-Northup 2dbd64c7-78ff-4ecd-a743-9c1152108967 Wed, 25 Apr 2012 16:30:54 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/NHTSA-Issues-Notice-of-Proposed-Rulemaking-to-Expand-Regulation-of-Accelerator-Control-Systems 827be549-0b50-46a5-95a4-3d2685e15731 Tue, 06 Mar 2012 13:44:40 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Highlights-from-ICPHSO-2012 7d950def-1ee6-4a51-b4f2-7b893648385f Thu, 22 Dec 2011 15:00:02 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/NHTSA-Proposes-New-Rules-To-Address-Keyless-Ignition-Safety 87d56cb9-93fe-4845-a9d7-eff077013386 Thu, 14 Jul 2011 17:20:43 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Votes-to-Lower-Lead-Content-Ban-for-Children-s 69ad09fb-e37c-433b-8684-1482d2119359 Tue, 05 Jul 2011 14:22:31 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/United-States-Supreme-Court-Declines-To-Expand-U-S c5c623d1-4314-48ca-aaf4-1da3692522e5 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Highlights-from-ICPHSO-1352658 The International Consumer Product Health and Safety Organization (“ICPHSO”) hosted its annual meeting and training symposium on February 22-25, 2011, in Orlando, Florida. Crowell & Moring attorneys Bridget Calhoun and Natalia Medley attended this year’s meeting, along with representatives from the U.S. government, foreign governments, industry, and consumer interest groups, among others. 5cb25dfb-aa7c-457e-914d-7aa0c0613c5d Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Compliance-with-Federal-Motor-Vehicle-Safety-Standards-May On Wednesday, February 23, 2011, the United States Supreme Court issued a decision that weakens the protection that federal preemption provides automobile manufacturers from tort liability in certain situations. In Williamson v. Mazda Motor of America, Inc., the Court determined that compliance with a Federal Motor Vehicle Safety Standard (FMVSS) does not shield a manufacturer from tort liability when a safety measure proves “inadequate” unless setting out options for compliance is a significant objective of the applicable FMVSS. The Court distinguished its important 2000 preemption decision Geier v. American Honda Motor Co., which found that compliance with a FMVSS did preempt a state common law tort claim, relying in large part on the differences between the safety measures at issue in the two cases. 7000f0fe-a85f-4f57-8c3f-9568e2d721eb Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Votes-To-Extend-Stay-of-Certification-and-Third-Party-1352639 On February 1, 2011, the Consumer Product Safety Commission ("CPSC") voted 4-1 to extend an existing stay of enforcement of third party testing and certification requirements for total lead content in various consumer products, as set forth in Section 102 of the Consumer Safety Improvement Act of 2008 ("CPSIA"). The CPSC's vote, which will extend the stay of enforcement until December 31, 2011, applies to (1) children's products; (2) certain components in motorized youth recreational vehicles; and (3) bicycles, jogger strollers, and bicycle trailers. These stays were originally set to expire on February 10, 2011; May 12, 2011; and July 1, 2011, respectively. 313951ab-e780-4cb7-a1ab-f559bbf0b2c2 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Congress-Approves-Sweeping-Food-Safety On December 21, 2010, by a vote of 215-144, the U.S. House of Representatives passed the FDA Food Safety Modernization Act (H.R. 2751), giving final approval to legislation that represents the most significant reform of food safety law in more than 70 years. The bill, which was approved by the U.S. Senate over the weekend, will strengthen the U.S. Food and Drug Administration's ("FDA") oversight of food production, distribution, importation, and storage. Its provisions include mandatory recall authority, expanded authority for inspections, and a requirement that all food facilities conduct a hazard analysis. Under the legislation, food producers will face a significant increase in regulatory requirements, creating a burden never before experienced by the industry. 3c05fab1-5a2f-4327-ba83-118781ffd424 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-s-Final-Interpretive-Rule-Relating-To-The-Public Today, the final interpretive rule establishing the Consumer Product Safety Commission's ("CPSC") Publicly Available Product Safety Information Database was published in the Federal Register. The Commissioners voted to approve the revised final interpretive rule covering the public database ("Database") following a public meeting held on November 24, 2010. Section 212 of the Consumer Product Safety Improvement Act of 2008 ("CPSIA") requires the CPSC to establish and maintain a publicly accessible, searchable database "on the safety of consumer products" that must be available to the public by March 11, 2011. 15 U.S.C. § 2055a(a)(1). c65af9cb-18ed-4bc1-a6b7-80f4fc4c418f Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Highlights-from-ICPHSO-London On November 29 and 30, 2010, Crowell and Morning attorneys Anne Davies and Natalia Medley attended the International Consumer Product Health and Safety Organization's ("ICPHSO") Seventh Annual International Meeting and Training Symposium in London, England. Attendees at the meeting included government officials from the European Commission, the United States, Canada, Australia, Korea, and Japan; industry representatives; attorneys; and testing laboratories. 202f14df-730b-44fe-abfb-58c4b222ae3c Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/EPA-to-Expand-Chemicals-Testing-for-Endocrine On Wednesday, November 17th, the Environmental Protection Agency (EPA) will publish in the Federal Register a list of 134 additional chemicals being considered for "Tier 1 screening" tests under the Endocrine Disruptor Screening Program (EDSP). The list of chemicals being proposed for testing includes a large number of pesticides, two perfluorocarbon compounds (PFCs), and three pharmaceuticals (erythromycin, nitroglycerin, and quinoline). The list also includes an array of other chemicals, ranging from those used for industrial manufacturing processes, as plasticizers, or in the production of pharmaceutical and personal care products (PPCPs). The complete list of 134 chemicals can be found at the bottom of this alert. 2b62910a-acaf-460d-bf74-89f12a259507 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/New-Year-Will-Ring-in-California-Green-Chemistry Starting January 1, 2011, how companies design and manufacture products sold, offered for sale, manufactured, imported, marketed or distributed in California will change dramatically. That is when new regulations prompted by California’s Green Chemistry Initiative, an outgrowth of two bills approved in 2008, take effect. Specifically, Assembly Bill 1879 mandates a process to identify and prioritize chemicals of concern in products, followed by a procedure in which those chemicals and their potential alternatives "are evaluated to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern." Senate Bill 509 further mandates an online database to disseminate information about specific chemical hazards. 215dddfd-e1f6-4c84-8239-afd0b7c5bb0b Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/The-CPSC-s-Draft-Final-Rule-Establishing-a-Publicly On October 14, 2010, the Consumer Product Safety Commission ("CPSC" or "Agency") published a draft final rule to establish a publicly available product safety information database ("Database") in accordance with Section 212 of the Consumer Product Safety Improvement Act of 2008, which requires the CPSC to establish and maintain a publicly accessible, searchable database "on the safety of consumer products." See 15 U.S.C. § 2055a(a)(1). This draft final rule updates the Agency's initial proposed rule (released on May 24, 2010). The Database will contain reports of harm relating to the use of products or substances regulated by the CPSC, as well as manufacturer or private labeler comments regarding these reports of harm, and information relating to publicly-announced voluntary product recalls. Id. § 2055a(b)(1). The Database must be made available to the public no later than March 11, 2011. Id. § 2055a(a)(2). 4246f5f0-a7a3-4d42-ae2f-471e5f75efb2 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Approves-Final-Rule-Interpreting-Children-s-Product On October 6, 2010, the Consumer Product Safety Commission ("CPSC") approved a final rule interpreting the term "children's product." The proposed rule was initially published for comment in the Federal Register on April 10, 2010. The Consumer Product Safety Improvement Act of 2008 ("CPSIA") defines "children's product" as "a consumer product designed or intended primarily for children 12 years of age or younger," and lists four factors relevant to determining what is a "children's product" under the definition. The term was codified at Section 3(a)(2) of the Consumer Product Safety Act ("CPSA"), 15 U.S.C. § 2052(a)(2). 487123a9-1c0a-4161-9f9b-fc146fa41e81 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/FTC-Announces-Proposed-Revisions-To-Green-Guides Today the Federal Trade Commission (FTC) announced proposed revisions to the Guides for the Use of Environmental Marketing Claims, 16 CFR Part 260, commonly referred to as the “Green Guides.” 2adf788d-fc64-43c0-87cb-c0f0660cfbbe Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/EU-Regulatory-Update-Deadlines-loom-for-EU-Classification The provisions of the new EU Classification, Labelling and Packaging Regulation 1272/2008 (the "CLP Regulation"), based on the United Nations Globally Harmonized System, will replace the Dangerous Substances Directive 67/548/EEC (the "DSD Directive") and the Dangerous Preparations Directive 1999/45/EC (the "DPD Directive") in a stepwise approach. Industry needs to establish what the hazards of substances and mixtures are before they are placed on the market, classify them in line with the identified hazards, and label and package hazardous substances and mixtures so that workers and consumers know about their effects before they handle them. The CLP Regulation requires that the EU Member States introduce penalties for non-compliance with its provisions. For example, in the UK, national enforcement provisions provide maximum penalties of an unlimited fine and/or up to two years' imprisonment following conviction on indictment for relevant infringements. 24dad05a-6527-445e-b49e-5dd3bc6be2c5 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Publishes-Notice-of-Interpretive-Rule-for-Children-s On April 20, 2010, the Consumer Product Safety Commission's ("CPSC") notice of a proposed rule interpreting the term "children's product" was published in the Federal Register. The Consumer Product Safety Improvement Act of 2008 ("CPSIA") provides several new legal requirements and standards applicable to "children's products." The CPSIA defines "children's product" as "a consumer product designed or intended primarily for children 12 years of age or younger," and sets forth four factors relevant to the determination of whether a product is a "children's product." aab8d386-25e6-47fe-ba1d-dda2fc0a1cd8 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Senator-Lautenberg-Introduces-Bill-To-Overhaul-The-Toxic Yesterday, Sen. Frank R. Lautenberg (D-NJ) introduced S. 3209, the Safe Chemicals Act of 2010 (S. 3209 or The Safe Chemicals Act) to reform and modernize TSCA. Sen. Lautenberg's legislation builds upon the Kid-Safe Chemicals Act of 2008. The Safe Chemicals Act includes provisions that contain concepts similar to those utilized by the European Union's legislation concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), but does not contain some of the more structured mandates of the EU legislation. 0fe9e8f8-4f32-462e-b0a4-62b5b4204cb3 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Triclosan-and-Increased-Scrutiny-of On April 8, Representative Edward Markey (D-Mass.), chairman of the House Energy and Commerce Subcommittee on Energy and Environment, called for a ban on many applications of the antimicrobial chemical triclosan, which has widespread use in such diverse products as liquid soap, hand sanitizer, cosmetics, socks, workout clothes, and toys. He simultaneously announced plans to introduce legislation that would accelerate the evaluation and regulation of substances such as triclosan that may harm the human endocrine system. 527152a4-4a62-4fe9-b300-f2652f96d950 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Daiso-Agrees-to-2-05-Million-Civil-Penalty-In-Connection 86f70bf1-d574-41be-a63c-164ef37a9659 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Highlights-from-ICPHSO-1352408 The International Consumer Product Health and Safety Organization ("ICPHSO") hosted its 17th annual meeting on February 15-18, 2010, at the Capital Hilton in Washington, D.C. Attendees included representatives from federal and state governments, consumer interest groups, industry, consulting firms, and consumer product testing facilities. Crowell & Moring attorneys Laura Walther and Natalia Medley attended this year's meeting. 061b8acd-aea1-49cc-9a5e-ed74ae080406 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/FDA-Debars-Food-Importer-as-Tougher-Food-Safety While food safety legislation with a strong emphasis on imports continues to work its way through Congress, the Food and Drug Administration ("FDA"), in an unprecedented exercise of its current authority, recently debarred a food importer for the first time. As the result of the debarment, the importer is prohibited from importing food into the United States for the next twenty years. The debarment flows from the importer's conviction for mislabeling food for importation into the United States, a violation of the federal Food, Drug and Cosmetic Act ("FDCA"). 32184bfa-370a-46e2-9a0c-0719975490fe Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Votes-To-Extend-Stay-Of-Certification-and-Third-Party-1352368 The Consumer Product Safety Commission voted this week to extend the stay of enforcement of certification and third party testing requirements for certain children's products. Despite the stay of the certification and testing requirements, the products must still comply with all applicable standards, regulations, and bans. ca2f3ae7-bc28-4342-a6d7-0535153ef5ad Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/UK-and-US-Focus-Efforts-on-Food Both the United States and the United Kingdom have taken steps in recent weeks to address the issue of the safety of the food supply in both countries. In the US, Congress is on the verge of new food safety legislation while the UK has taken more definitive regulatory action. 2969c0cc-110e-4be2-b35c-0d97e8bc05ef Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Recent-Eighth-Circuit-Ruling-Imposes-Affirmative-Duty-On On November 27, 2009, the U.S. Court of Appeals for the Eighth Circuit set a remarkable precedent for both generic and brand-name pharmaceutical manufacturers, imposing an affirmative duty on generic manufacturers to provide adequate warning labels, even where it would require deviation from the brand-name drug label. In Mensing v. Wyeth, Inc., et al., the court determined that federal law does not preempt failure-to-warn claims against generic manufacturers; and that brand-name manufacturers cannot be held liable for allegedly inadequate warnings on a generic drug label, where the plaintiff never used the brand name product. The decision is significant in that it represents the first federal appellate court to apply the rationale of Wyeth v. Levine to generic drug manufacturers. b553a909-d5be-4e3b-a136-2e3cae8e2187 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Unauthorized-H1N1-Product-Claims-Targeted-by-Federal In the wake of the worldwide 2009 H1N1 pandemic, federal agencies are closely scrutinizing statements in advertisements and on labels that claim products are effective against the H1N1 flu virus. Makers of a host of products - from drugs and medical devices to dietary supplements and household consumer products - are trying to capitalize on the health concerns associated with this virulent new strain of influenza. Federal agencies are not only battling H1N1, they are also dedicating substantial resources to rooting out deceptive or unauthorized claims; and are taking aggressive enforcement action against companies that are marketing products with unapproved, uncleared, unauthorized or unsubstantiated H1N1 claims. Federal agencies most active include the U.S. Food and Drug Administration ("FDA"), the Federal Trade Commission ("FTC") and the U.S. Environmental Protection Agency ("EPA"). c5c399b1-e52d-4b33-8b4b-0f80560f1a6f Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/EPA-Releases-Broad-Chemical-Reform-Principles-and-Seeks On Tuesday, September 29, 2009, EPA Administrator Lisa Jackson announced the release of the Obama Administration's guiding principles to inform Congress' ongoing efforts to substantially strengthen the Toxic Substances Control Act (TSCA). 17e0c2aa-44c5-4cbc-92b7-0e8fde86459a Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Unanimously-Approves-Policy-Statement-On-Tracking On July 20, 2009, the Consumer Product Safety Commission (CPSC) unanimously approved the draft Statement of Policy relating to the tracking label requirement in Section 103(a) of the Consumer Product Safety Improvement Act of 2008 (CPSIA). Section 103(a) requires manufacturers and importers to place permanent distinguishing marks on children's products and their packaging to the extent practicable to enable manufacturers and consumers to ascertain certain manufacturing and source information for these products. The tracking label requirement applies to children's products manufactured after August 14, 2009. 10efbc45-3b25-4d2e-81fc-5015a2a6e52a Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Proposed-new-rules-for-marketing-biocidal-products-in-the On June 12, 2009, the European Commission published plans for a major revision of the EU regime for the authorization of biocidal products (i.e., referred to as "pesticides" in the U.S.), in the form of a draft regulation. The proposed regulation would replace the current Directive 98/8/EC concerning the placing of biocidal products on the EU market. Biocidal products contain or generate active substances and they are used against harmful organisms such as pests or bacteria. They include household products such as insecticides, rodenticides, repellents, and disinfectants, or products used in more industrial applications, such as anti-fouling paints, wood and material preservatives, and embalming products (i.e. products designed to avoid damage to natural or manufactured products). 689031e7-218e-4814-b79d-fa3cae2b442c Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Congress-Moving-Quickly-On-Food-Safety On June 3, 2009, the House Energy and Commerce Subcommittee on Health held a hearing on the discussion draft of the Food Safety Enhancement Act of 2009, legislation that would grant the Food and Drug Administration ("FDA") new authority and resources to regulate the nation's food supply. Energy and Commerce Committee Chairman Henry A. Waxman (D-CA) released the draft measure in late May and the Subcommittee hearing included testimony from FDA Commissioner Margaret Hamburg and representatives from several stakeholder organizations. f21145c7-7027-4708-b919-72663a4eaac2 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/No-Stay-of-Enforcement-of-Tracking-Labels-Provision The two sitting commissioners of the Consumer Product Safety Commission split their vote Wednesday when considering an industry request for an emergency stay of enforcement of the tracking label requirement in Section 103 of the Consumer Product Safety Improvement Act of 2008. Acting Chairman Nancy Nord voted in favor of granting the emergency stay request and Commissioner Thomas H. Moore voted to deny the request. Without a consensus vote, the stay cannot be implemented. bae8b014-09a9-4f24-90c5-38ce54829d4e Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/EU-Developments-Place-Nanotechnology-In-The-Limelight-And Companies that are manufacturers, users or suppliers of nanotechnology or other nanomaterials should be aware of two recent developments in the European Union: (i) a public consultation and hearing organized by the European Commission, and (ii) a report passed by the European Parliament. Based on these recent developments, it appears that the EU is increasingly considering the opportunities and challenges presented by nanotechnology. This latest level of interest indicates more than ever, the inevitability of specific nanotechnology focused regulatory measures. c4fc7672-1df7-405f-b6d4-54a435cea532 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Changes-Test-Method-Standard-Operating-Procedure-for On April 26, 2009, the Consumer Product Safety Commission (CPSC) issued a new test method, CPSC-CH-E1003-09, for use in measuring the total lead content of paint and surface coating to determine compliance with 16 C.F.R. § 1303 and the Consumer Product Safety Improvement Act of 2008 (CPSIA). The CPSC's testing laboratory will now use this method, but outside laboratories and testing bodies are not required to use this or any specific operating procedure in testing paint and similar surface coatings for lead. The CPSC also notes that this new operating procedure does not alter existing laboratory accreditations. 1ea65d56-739a-4017-a2c4-9599ae15d3b9 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Changes-to-EU-laws-affecting-electrical-and-electronic Recently, the UK Government Department for Business, Enterprise and Regulatory Reform ("BERR") has published an industry consultation on the European Commission's proposals to revise Directive 2002/95/EC on the Restriction of the use of certain Hazardous Substances in electrical and electronic equipment ("RoHS") and Directive 2002/96/EC on Waste Electrical and Electronic Equipment ("WEEE"). The proposed revisions to RoHS and WEEE were originally published by the EU on December 3, 2008. Several provisions in each of the draft proposals will be of direct relevance and interest to EU and non-EU manufacturers, importers, and distributors of electrical goods in that the proposals expand the scope of covered products and the restricted substances used in those products, as well as increasing burdens on regulated entities. Interested parties, EU or non-EU based, are therefore urged to comment on the proposals and how those changes may ultimately be adopted by the EU, before the consultation closing ... 64cd6b72-a27d-4d8b-9acb-44c34abcb336 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/European-Trade-Union-Confederation-proposes-list-of-306 On March 31, 2009, the European Trade Union Confederation ("ETUC") published a list of 306 substances that it believes should be placed on both the Candidate List of substances of very high concern ("SVHCs") and the Authorization List, both of which are regulated under the EU's chemicals legislation: the Regulation on the Evaluation, Authorization, and Restriction of Chemicals ("REACH"). ETUC's list follows the publication, by the NGO ChemSec on September 23, 2008, of the Substitute It Now ("SIN") list of 287 chemicals (for details see the Crowell & Moring client alert: S.I.N. List Proposal For The Replacement of 267 Chemicals in The EU). Although not legally binding, both ETUC's list and the SIN list are likely to have significant implications for any EU or non-EU company that either (i) manufactures in or exports to the EU a substance or a product containing a substance that is on one of the ... 3db6d121-0c40-4559-afa3-68f91e6c9342 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Congress-Tightens-Toxics-Release-Inventory-Reporting-for An Environmental Protection Agency ("EPA") rule relaxing Toxics Release Inventory ("TRI") reporting was recently vacated by the 2009 Omnibus Appropriations Act, P.L. 111-8 ("Act"), affecting TRI reports due on July 1, 2009. The legislative change was mandated by Division E, Title IV, Section 425 of the Act, a provision authored by Sen. Frank D. Lautenberg (D-NJ). Sen. Lautenberg has long been a proponent of stringent chemical regulation, including introducing the failed Kids Safe Chemical Act last session. He has vowed to continue to push for reform of the Toxic Substances Control Act. As a result of the legislation vacating EPA's rule, facilities will have to prepare more detailed "Form R" reports instead of simple "Form A" certifications for Persistent Bioaccumulative and Toxic ("PBT") chemicals and certain quantities of non-PBT chemicals. 32ac1480-ab9b-4231-a5a9-309a17c5d88c Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Crowell-Moring-Attorneys-Attend-International-Consumer Last week, Laura Walther and Natalia Medley, attorneys in Crowell & Moring's Product Risk Management practice, attended the International Consumer Products Health and Safety Organization ("ICHPSO") annual meeting and training symposium held in Orlando, Florida, on February 24-27. This year's symposium focused on enforcement of the new U.S. Consumer Product Safety Improvement Act ("CPSIA"). Attendees included top Consumer Product Safety Commission ("CPSC") officials, including Acting Chairman Nancy Nord, representatives from State Attorney General offices, manufacturers, retailers, distributors, trade associations, consumer advocacy groups, testing laboratories, and lawyers. 9f95c454-2bc3-4dec-a214-5b6c62314966 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Senate-Responds-to-Peanut-Recalls-with-Bipartisan-Food On March 3, 2009, Senators Dick Durbin (D-IL), Judd Gregg (R-NH), Edward Kennedy (D-MA), and Richard Burr (R-NC) introduced the FDA Food Safety Modernization Act, legislation that would give the Food and Drug Administration (FDA) new authority and resources to regulate the nation’s food supply. The bipartisan group of Senators introduced the bill in an effort to address the recent recall of tainted peanut products – the largest food recall in the nation’s history – and other significant food recalls in the past year. Senators Christopher Dodd (D-CT), Lamar Alexander (R-TN), Amy Klobuchar (D-MN), and Saxby Chambliss (R-GA) are co-sponsors. 472fbe19-03ba-40f1-a731-459c9ee4174a Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Complying-with-the-CPSIA-Phthalates-Requirements-CPSC Yesterday, the Consumer Product Safety Commission ("CPSC") issued a draft guidance document addressing the phthalates requirements in Section 108 of the new Consumer Product Safety Improvement Act of 2008 ("CPSIA"). The phthalates provision prohibits the sale, manufacture or importing of certain children's toys and child care articles if they contain more than 0.1% of specified phthalates as of February 10, 2009. 7bd61375-1cc3-4fd5-afc2-ae23dd6695a6 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/EU-publishes-eco-design-measure-on-power-consumption-of Electrical appliance manufacturers and importers should be aware that on February 4, 2009, the European Union published Regulation (EC) 107/2009 which purports to improve the environmental performance of simple set-top boxes (SSTBs). The Regulation, which will imposes maximum power consumption levels starting in 2010, has been elaborated under the framework Directive 2005/32/EC on eco-design requirements for energy-using products (the EuP Directive). f64704b5-e8b0-4790-b942-4496581ffebd Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Recent-developments-in-EU-chemicals-policy-em-ozone Companies manufacturing or exporting chemicals or chemical-containing products in or to the European Union ("EU") should be aware of three recent developments in EU law potentially impacting their business operations. c7ccdc87-51c4-4b0e-bd02-723a24738c90 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/California-s-Retroactive-Phthalates-Ban-Now On January 1, 2009, California's ban on certain phthalates in certain children's products went into effect. The statute, Assembly Bill 1108 ("A.B. 1108") was signed into law in October 2007. A.B. 1108 prohibits the manufacture, sale, or distribution in commerce of any toy or child care article containing DEHP, DBP, or BBP in concentrations exceeding 0.1 percent. A.B. 1108 further prohibits the manufacture, sale, or distribution in commerce of any "toy or child care article intended for use by a child under three years of age if that product can be placed in the child's mouth" containing DINP, DIDP, or DnOP in concentrations exceeding 0.1 percent. 6fd798bf-48f0-4209-adc3-e716906771b6 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-General-Counsel-States-that-Phthalates-Bans-Do-em-Not On November 17, 2008, the Consumer Product Safety Commission ("CPSC") General Counsel Cheryl Falvey issued an advisory opinion letter stating that Section 108 of the Consumer Product Safety Improvement Act of 2008 ("CPSIA"), prohibiting certain phthalates in concentrations above 0.1 percent in children's toys and child care articles, will not apply retroactively to products manufactured prior to the date on which the provision goes into effect, February 10, 2009. e1d83278-569e-4789-b88f-620d770880e3 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Customs-and-CPSC-Offer-Benefits-to-Importers-that-Join-New The Consumer Product Safety Commission ("CPSC") and the U.S. Customs and Border Protection ("CBP") recently announced a voluntary pilot partnership program between the CPSC, CBP and importers called the Importer Self-Assessment-Product Safety Pilot ("ISA-PS"), which is aimed at ensuring importers maintain a high level of product safety compliance. fb47eddd-1201-41cb-b0c3-7c911b1f3f6e Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Complying-with-the-CPSIA-Lead-Limits-Guidance-from-the Last week, the Consumer Product Safety Commission ("CPSC") held two public meetings to discuss implementation of the lead paint and lead content limits in the new Consumer Product Safety Improvement Act of 2008 ("CPSIA"). b95280d5-43d0-4443-b327-d2f36b8d3165 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Streamlined-Rule-on On November 11, 2008, the Consumer Product Safety Commission ("CPSC") issued an immediately-effective final rule (16 CFR pt. 1110) streamlining certification requirements under the Consumer Product Safety Improvement Act of 2008 ("CPSIA") for foreign manufacturers and private labelers. cbe56aa3-c6f3-41c6-b9b1-5994c3290a02 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Deadline-Fast-Approaching-For-Businesses-Exporting Under the EU's Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals ("REACH"), businesses are required to pre-register their phase-in (i.e. existing) chemical substances with the European Chemicals Agency ("ECHA") before 1 December 2008 or they risk losing access to EU markets. 330ab37b-f5b6-4c0b-8c65-2f5705c5fcba Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/S-I-N-List-Proposal-For-The-Replacement-of-267-Chemicals On 17 September 2008, the International Chemicals Secretariat (ChemSec) published, in cooperation with other leading NGOs, a "Substitute It Now" (S.I.N.) list of 267 chemicals comprising substances which it believes should, under REACH (the EU's Regulation on the Registration, Evaluation, and Authorization of Chemicals), be classified as "substances of very high concern" (SVHCs), and for which companies should be searching for alternatives. 4fbabdc4-2ee9-40ca-9679-e7a5ec582e71 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Highlights-from-the-CPSC-s-September-4-2008-Consumer On Thursday, September 4, 2008, the Consumer Product Safety Commission (CPSC) held a public meeting to discuss implementation of the Consumer Safety Improvement Act of 2008. The Act, signed into law by President Bush on August 14, 2008, brings about broad reform in the regulation of consumer product safety as well as the operations of the CPSC. Approximately 500 people attended the meeting on September 4, including representatives from manufacturing firms, consumer groups, retailers, and the government. We heard "from the inside" about implementation of the new law and the CPSC's views on key provisions. dbd56f67-7beb-4205-983a-234accadcc9b Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Announces-September-4th-Public-Meeting-to-Discuss The U.S. Consumer Product Safety Commission (CPSC) will hold a public meeting on Thursday, September 4, 2008, entitled "An Overview of the Consumer Safety Improvement Act of 2008." The purpose of this meeting is to address major provisions and implementation of the Consumer Product Safety Improvement Act of 2008, which calls for broad reform in the regulation of consumer product safety and the operations of the CPSC. The Act was signed into law by President Bush on Thursday, August 14, 2008. 833c5694-e91d-4b74-a410-b409b12f9c78 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/President-Bush-Signs-into-Law-the-Consumer-Product-Safety After much anticipation, the President signed the “Consumer Product Safety Improvement Act of 2008” into law today. The conference report passed in the House of Representatives by a vote of 424 – 1 on July 30, 2008; and passed in the Senate by a vote of 89 -3 on July 31, 2008. The Act calls for broad reform in the regulation of consumer product safety and the operations of the Consumer Product Safety Commission (CPSC), including the following notable provisions: 0b9a0c19-244b-4ab6-a975-404b0e39a8c5 Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/CPSC-Reform-Legislation-Before-President-for-Signing-into On Wednesday, July 30, H.R. 4040, the conference report to the "Consumer Product Safety Improvement Act of 2008" passed in the House of Representatives by a vote of 424 - 1. Late Thursday, July 31, the conference report passed in the Senate by a vote of 89 - 3. The President is expected to sign the bill into law in the next several weeks. Among other reform measures, the Act calls for broad changes in children's products safety and CPSC enforcement authority. 6bc84a69-dcbd-4943-915e-cfc8a13de9ea Fri, 08 Apr 2011 17:38:09 GMT http://www.crowell.com/NewsEvents/AlertsNewsletters/Product-Risk-Management-Alert/Upcoming-14-August-deadline-for-hazardous-chemicals-in-the The 14 August 2008 deadline for companies and other interested parties to make comments on the draft "candidate list" of hazardous chemicals (so-called "Substances of Very High Concern" (SVHC)) is fast approaching. Businesses manufacturing in or importing into the EU substances or products containing substances on the candidate list will be subject to increased burdens. Businesses are thus encouraged to use this opportunity to influence the content of the list.