Advertisements

Pelican Products Recalls Flashlights and Replacement Battery Packs Due to Fire Hazard

Hazard: The battery packs in the flashlights can overheat, posing a fire hazard to consumers.

http://www.cpsc.gov/en/Recalls/2016/Pelican-Products-Recalls-Flashlights-And-Replacement-Battery-Packs/ 

Recall Summary

Name of Product: Pelican flashlights and replacement battery packs

Remedy: Replace

Consumers should immediately stop using the recalled flashlights and replacement battery packs and contact Pelican for instructions on returning the flashlights for free installation of a new battery pack or to exchange replacement battery packs that were sold separately for a new replacement battery pack.  

Consumer Contact: Pelican Products toll-free at 877-619-0289 or 310-257-5691 from 8 a.m. to 5 p.m. PT Monday through Friday, via email at 9410L@pelican.com or online at http://www.pelican.com and click on “Recall Information” at the bottom of the page for more information.

Recall Details

Photos available at http://www.cpsc.gov/en/Recalls/2016/Pelican-Products-Recalls-Flashlights-And-Replacement-Battery-Packs/ 

Units: About 3,800 flashlights and 150 replacement battery packs (in addition, about 800 flashlights and 18 replacement battery packs were sold in Canada).

Description: This recall involves Pelican 9410L flashlights equipped with lithium ion battery packs and replacement battery packs. The flashlights are yellow and black. “Pelican 9410L” is printed on the front of the flashlights and on the top of the handle. The recalled flashlights have manufacturer part number 9410-021-245 or 9410-021-110 printed on the packaging. The manufacturer part number for the recalled battery pack is 9413-301-001 and is printed on a label on the battery’s shrink wrap.  Only battery packs that contain green shrink wrapped cells are included in the recall.

Incidents/Injuries: Pelican has received two reports of overheating battery packs. No injuries have been reported.

Sold at: Sports and specialty stores nationwide, online at Amazon.com and other industrial supply dealers or distributors from May 2014 through January 2016 for between $240 to $280 for the flashlights and between $50 and $70 for the replacement battery packs.

Manufacturer: Pelican Products Inc., of Torrance, Calif., (flashlights) and HYB Battery Co. Ltd., of China (batteries).

Manufactured in: United States and China

Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.

For more information on this see:

For Retailers

Recalls Call for Retailer Action

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.

Retailer has no duty to fit or instruct on fitting bicycle helmet

Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.

For Manufacturers

The legal relationship created between manufactures and US consumers

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

clip_image002What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

 

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Copyright 2016 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com         James H. Moss

 

 

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, CPSC, Consumer Product Safety Council, Pelican, Flashlight, Replacement Battery Pack,

 

Advertisements

Breezer Recalls Downtown Bicycles Due to Crash Hazard; Pedals Can Come Off

Breezer Downtown Bicycles

http://www.cpsc.gov/en/Recalls/2015/Breezer-Recalls-Downtown-Bicycles/

Hazard: The bicycle pedal can separate from the spindle (axle) during use and cause the rider to lose control, posing a crash hazard.

Remedy: Repair

Consumers should immediately stop using the bicycles and return then to a Breezer dealer for a free pedal replacement.

Consumer Contact: Advanced Sports International toll-free at (888) 286-6263 between 8 a.m. and 5:30 p.m. ET Monday through Friday or visit http://www.breezerbikes.com , click on “Recall Notices” in the bottom left corner of the homepage and choose “Downtown Pedal Recall” for more information.

Units: About 1,700

Description: This recall involves Breezer Bicycles models Downtown 3, Downtown 3-ST, Downtown 8, Downtown 8-ST, Downtown EX and Downtown EX-ST. The main frame is made of steel and has either a single or dual water bottle mount, and the wheel sets are aluminum. The bicycles come in eight different sizes and a variety of gloss colors, including candy apple, chartreuse, chocolate, dark blue, dark green, shale and slate. The model is printed on the top tube of the bicycle.

Incidents/Injuries: The firm has received 12 reports of pedals separating from the spindle. No injuries have been reported.

Sold at: Authorized Breezer Bicycles dealers nationwide from July 2014 through May 2015 for about $450 to $650.

Importer: Advanced Sports International

Manufactured in: China

Retailers: If you are a retailer of a recalled product you have a duty to notify your customers of a recall. If you can, email your clients or include the recall information in your next marketing communication to your clients. Post any Recall Poster at your stores and contact the manufacturer to determine how you will handle any recalls.

For more information on this see:

For Retailers

Recalls Call for Retailer Action

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

Product Liability takes a different turn. You must pay attention, just not rely on the CPSC.

Retailer has no duty to fit or instruct on fitting bicycle helmet

Summary Judgment granted for bicycle manufacturer and retailer on a breach of warranty and product liability claim.

For Manufacturers

The legal relationship created between manufactures and US consumers

A recall leads to lawsuits because injuries are connected to the product being recalled thus a lawsuit. Plaintiff’s hope the three can be connected

Combination of a Products Liability statute, an Expert Witness Report that was just not direct enough and odd facts holds a retailer liable as manufacture for product defect.

 

 

What do you think? Leave a comment.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

Copyright 2015 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog: www.recreation-law.com

Mobile Site: http://m.recreation-law.com

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Recall, Recall, CPSC, Consumer Product Safety Council, Breezer Bicycles, Downtown 3, Downtown 3-ST, Downtown 8, Downtown 8-ST, Downtown EX, Downtown EX-ST, Bicycles, Cruisers, Breezer,

 

 


CPSC is proposing changes to the Bicycle definitions

The changes are mostly technical, but if you manufacture bikes or parts you should review them. 

The consumer products safety commission (CPSC) is proposing new rule changes for bicycles. The changes will affect

Sidewalk bikes
Track bikes
Recumbents
Mechanical issues
Testing procedures

The comical part of this is bicycles are classified under hazardous substances such as toxic, corrosive, flammable or combustible, an irritants. Granted some petroleum guzzling drivers may find cyclists as irritants, however the idea overall is a laugh.

The rule can be found at 16 CFR part 1512.

Comments must be submitted by January 18, 2011. You must include the agency name and docket number with your comments.

US Consumer Product Safety Commission
Docket No. CPSC-2010-0104

Electronic Submissions: Submit electronic comments through the Federal eRulemaking Portal:

Written Submissions: Send five copies to

Office of the Secretary, U.S. CPSC
Room 820, 4330 East West Highway
Bethesda, MD 20814
Telephone (301) 504-7923.

A text version of the proposed changes can be found here and a PDF version here.

What do you think? Leave a comment.

Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com

Keywords: #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #CPSC, #Consumer Products Safety Commission, #bicycles, #cycling, #recumbent, #track bike, #sidewalk bike, #
Technorati Tags: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Windows Live Tags: CPSC,Bicycle,definitions,bikes,consumer,products,bicycles,Sidewalk,Track,Recumbents,Mechanical,procedures,substances,irritants,petroleum,drivers,Comments,January,agency,Product,Commission,Docket,Electronic,Submissions,Submit,Federal,Portal,Written,Send,Office,Secretary,Room,East,West,Highway,Bethesda,text,version,Leave,Recreation,Edit,Gmail,Keywords,adventure,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,bike,blog
WordPress Tags: CPSC,Bicycle,definitions,bikes,consumer,products,bicycles,Sidewalk,Track,Recumbents,Mechanical,procedures,substances,irritants,petroleum,drivers,Comments,January,agency,Product,Commission,Docket,Electronic,Submissions,Submit,Federal,Portal,Written,Send,Office,Secretary,Room,East,West,Highway,Bethesda,text,version,Leave,Recreation,Edit,Gmail,Keywords,adventure,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,bike,blog
Blogger Labels: CPSC,Bicycle,definitions,bikes,consumer,products,bicycles,Sidewalk,Track,Recumbents,Mechanical,procedures,substances,irritants,petroleum,drivers,Comments,January,agency,Product,Commission,Docket,Electronic,Submissions,Submit,Federal,Portal,Written,Send,Office,Secretary,Room,East,West,Highway,Bethesda,text,version,Leave,Recreation,Edit,Gmail,Keywords,adventure,Moss,James,attorney,tourism,management,Human,youth,areas,negligence,bike,blog

Defense Attorneys never let us know when they win, I wish some plaintiff’s attorneys would catch on.

This PR piece is meant to bring in new businesses because it has nothing to do with why a child fell from a playground climbing wall.

This press release was sent out touting a lawsuit filed by the law firm. The lawsuit is over a broken leg suffered by a two year old while playing an indoor play ground. The PR piece has no value to learning why and how people sue, but it is an excellent piece on:

  • Misdirection
  • Keyword searches
  • Scaring parents

The PR piece was just designed to grab people’s attention to get new lawsuits. The piece did so by not talking about the issues, but by using key works to grab attention, fear and using lines that end up being stupid statements. Examples of this are:

The mother claims she did not notice any warning signs around the equipment.” What warning sign is needed when you see a climbing wall? If you fall off and you do not have a magic wand, a broom or jet pack you can fall and be hurt. Besides, how many two year olds read warning signs anyway?

The manufacturer of the wall claims it is designed for children five years of age and up, not two like Emma,…” so why did her mother let her climb? So why did her mother let her climb up high enough to all off and break her leg?

Aronfeld said this incident should serve as a lesson for manufacturers of playground equipment, businesses, schools, municipalities, and homeowners who provide playground areas.” What lesson? What is the lesson that manufactures are supposed to learn?

We want our kids to be active, but the facility owners must provide proper maintenance of their equipment and grounds, plus follow the suggested guidelines set by the National Playground Safety Institute,…” What maintenance was wrong? What guidelines were not met? The child fell off a wall.

There should be a ‘no fall zone,’ an unobstructed space located under and around playground equipment.” The child did not hit anyone on the way down, the child fell on the floor. What is the issue with a no fall zone? You can’t fall in a no fall zone or you cannot be in the no fall zone, in case someone falls?

Playground equipment must have at least six feet of unobstructed space on all sides to help protect children during a fall. Also, all playground equipment must be at least six feet apart, which covers the fall zone, but further apart is better.” See the rant above.

Aronfeld added that children should climb, slide and cross play equipment one at a time to keep from pushing and hurting other children.” Ok when you figure this one out let every camp, every playground monitor, every teacher, ever rec center and the rest of the world know how you are supposed to do this.

So what can we do about it?

I am not a PR person. However, I think if you are faced with this type of misdirection and misleading statements about your case, you may want to consult with a PR firm to see if setting the record straight might work. Your attorney defending you is probably going to be worried about doing this, and you better not do with without consulting your defense attorney, but it might help.

If you get the go ahead to respond, be factual and be exact. At the same time, you can expect most of the population to see the ridiculous if your post sets forth the realities of life and the situation.

See Climbing Wall Lawsuit Sends Strong Message About Playground Dangers to Parents and Child Facilities.

What do you think? Leave a comment.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

Keywords:
#outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #Jumping Jelly Beans, #climbing wall, #rock climbing wall, # Consumer Product Safety Commission, # playground equipment, # National Playground Safety Institute,
Technorati Tags: ,,,,,,
Windows Live Tags: national playground safety institute,Jumping jelly beans,playground equipment,climbing wall,Consumer product safety commission,playground,equipment
WordPress Tags: national playground safety institute,Jumping jelly beans,playground equipment,climbing wall,Consumer product safety commission,playground,equipment
Blogger Labels: national playground safety institute,Jumping jelly beans,playground equipment,climbing wall,Consumer product safety commission,playground,equipment


Critical Dates Regarding the New Consumer Product Safety Improvement Act

November 12th is the First in a Series of Critical Dates Regarding the New Consumer Product Safety Improvement Act (CPSIA)

SGMA Members are being alerted now to act with all due speed. Non-compliance with the Act may put your company at risk for monetary and possible criminal violations.

SGMA and our Legal Task Force are in communication with the CPSC and attend all Commission meetings and hearings that pertain to issues affecting you. The following are some of the most pressing deadlines and issues that you need to be aware of and address immediately:

• On November 12, 2008 all products subject to the CPSIA bans and standards as well as subject to any similar rule, ban, standard or regulation under any other Act enforced by the Commission, must be self-certified with a General Conformity Certification.

• The General Conformity Certificate must be based on a “test of each product or upon a reasonable testing program.”

• Certificates must accompany each product or shipment of products covered by the same certificate. And, a copy of the certificate must be furnished to each and every distributor and retailer of the product.

• If a General Conformity Certificate does not accompany each imported product or product shipment then all of your products “shall be refused admission.”Products refused admission can be destroyed!

• The Commission warned that each company needs to go through a detailed analysis of its products to determine whether your products are subject to the CPSIA’s new self-certification requirements.

It is imperative for your company to do a thorough product analysis. Do not delay! Call SGMA or our Legal Task Force members for advice immediately.

This ALERT is merely a tip of the iceberg with respect to what SGMA members must do to comply with the CPSIA and its rolling dates over the next 2-3 years. To keep you well-informed SGMA’s Legal Task Force will have another conference call on October 27, 2008 to update you on the most pressing deadlines and issues involving the CPSIA and the up-to-date thinking of the Commission. Details regarding the call will be emailed shortly.

SGMA members can visit www.sgma.com for further CPSC details and to access a CPSC Improvement Act Recap PowerPoint Presentation that summarizes the issues that were discussed during the September 11th CPSC Conference Call that SGMA hosted. Members can also contact Chris Strong, SGMA’s Director of Business Development, at 202.349.9413 or cstrong@sgma.com.


SGMA’s Consumer Product Safety Improvement Act Conference Call

SGMA’s Consumer Product Safety Improvement Act Conference Call

September 11, 2008

AGENDA

Black is the original Agenda from the SGMA

Red is my notes from the conference call

Blue are hyperlinks

Introduction and Welcome

    Tom Cove, President and CEO of SGMA

    Mark Granger, Partner, Morrison Mahoney LLP

Overview of CPSC Act

    Paul Rosenlund, Partner, Duane Morris LLP

  1. Very interested in sporting goods and athletic product in general.
    1. Does surveys and statistical surveys of product related injuries and deaths and because sporting goods are at the top they are watched.
  2. Substantial powers over all manufactures, importers, retailers; everyone in the chain of distribution
  3. Products:
    1. Any product sold to the consumer at a household, school or recreation or otherwise
      1. Exception is those governed by other federal agencies
        1. Vehicles
        2. Food & drugs
        3. Airplanes
      2. Some overlap in
        1. Child seats
        2. PFD’s
  4. CPSC job is to review any death and gather of data
    1. Survey’s emergency room info
    2. Consumer reports
    3. Plaintiff’s reports
    4. Manufactures voluntary reports
      1. Voluntary under the law
  5. Enforce better reporting from manufactures
    1. More penalties for manufactures who don’t report on time
  6. How to deal with imports
    1. The proportion of recalls are now imports
  7. New act triggered due to toy recalls but went beyond that
    1. $15 mill can be levied for some penalties
    2. Lower burdens of proof for criminal prosecution
      1. Knowingly imports or manufactures a safety rule
    3. New whistleblower protection for employees to violate
      1. Can’t be fired or have pay reduced
  8. Definitions
    1. Manufacture: any person who manufactures or imports a product
    2. Distribution in commerce: prohibits distributing something commerce. Sell, deliver or even hold for sale for distribution in the future.
    3. Children’s product: children 12 years of age or under

Compliance with and Implications of Phthalate and Lead Restrictions    

Gary Wolensky, Partner, Snell & Wilmer LLP

  1. Section 108 bans all Phthalate in all children’s toys
  2. Child defined as a toy Designed for child 12 years or younger for use when a child plays
    1. Goes into effect 2/12/09
    2. Sporting goods do not fall under the definition of a toy under the act according to the CPSC
  3. Sporting goods are still subject to a lot of new and amended provisions under the act
  4. If a product is a toy under Section 108
    1. Then you must determine that your toy not have more than 1% phthalate (.1% of the total weight or total volume of the product)
  5. You must self certify for at least until 9/09 you must self certify because the rules will not be out yet
  6. Section 101, Lead
    1. Rules go into effect automatically.
      1. 8/14/08 signed so effective 9/13/08 and rules must be issued by this date
      2. 180 days after the act or 2/13/09 new 600 ppm lead limit goes into effect
      3. 365 (1 year) new 300 ppm lead goes into effect and paint goes down to 90 ppm
        1. New lead limits on inaccessible parts and components
      4. 3 years lead limits go down to 100 ppm if technological feasible
        1. Applies to parts individually
          1. Each component will be evaluated separately
    2. Once it becomes mandatory you will be required to test you products for soluble lead

Third Party Certification

    Mark Granger, Partner, Morrison Mahoney LLP

  1. Right now there are only 20 labs in the US that can comply with the requirements for self certification.
    1. There is going to be a big crunch
      1. Labs have to get their applications in now
        1. Deadline is November
      2. If request is not in before the November they will not be accredited
    2. Accreditation is a list of rules on testing
  2. Labs must be out of reach of the manufactures influence
    1. Must be totally independent
  3. Products will not be let into the US without the certifications
    1. There will be a new import surveillance group to check on these products

Label Tracking and Certificates

    Bruce Cranner, Partner, Frilot LLC

  1. Certifications
    1. The act requires that manufactures or labels create a certificate for their products
    2. Two types
      1. A general certificate created by the manufactures based on a 3rd party test or a reasonable testing program that complies with the regulations
      2. Certificate must state the rules, regulations or certifications the label is complying with
      3. Comes into play with 90 days of the act (mid November)
      4. Can be done based on a reasonable testing program
    3. Children’s products certificate
      1. Conforms with the act
      2. Tested by a third party
      3. Must be issued for each children’s product
        1. Lead
        2. Metal jewelry
      4. Must contain
        1. Date and place of manufactures
        2. Date and place of testing
          1. How it was tested
          2. Who tested
        3. Must be available to the buyer of the product
        4. Must be turned over to retailers upon request
        5. Available to turned over to the CPSC or the commissioner of customs
          1. System to file 24 hours before the arrival of the certificate product
    4. New requirement that manufactures tag and label children’s product
      1. Includes the packaging of the product
        1. Must contain distinguishing marks on the product
          1. Batch
          2. Lot
          3. Manufactures date & time
          4. Manufactures location
        2. Ultimate purchase must be able to ascertain
          1. Manufactures date & time
          2. Manufactures location
          3. Batch and lot number
        3. All on the product and the packaging
      2. By 2/14/09

Inventory Issues

    Paul Rosenlund, Partner, Duane Morris LLP

  1. Area with a lot of gray on what, when and where
    1. A lot of the deadlines will slide based on when the CPSC issues the regulations
  2. CPSC did issue preliminary deadlines on an excel spreadsheet
  3. Xmas time proposed deadline for lead
  4. Labels 1 year after deadline after the date of enactment
  5. Toy safety standard F9 63-07 apply to all products manufactures after 2/10/09
  6. Lead is effective immediately and applies to existing inventory
  7. Phthalate applies 100 days after enactment, 2/10/09 to all products distributed in commerce
    1. Effectively if too much Phthalate must be destroyed or fixed after 2/10/09
      1. The act prohibits selling, exporting or distributing
  8. 3 wheel all terrain vehicles banned now!
  9. 4 wheel all terrain vehicles new rules
  10. 90 day testing??

Question and Answer Session

    E-mail Mark Granger at MGranger@morrisonmahoney.com with any questions     you would like to have discussed at this time.

What about state rules and regulations that are more stringent than the Federal rules

    Gary Wolensky: state law will not be pre-empted by the federal act. State law will still apply, except for Phthalate.

    The act is it pre-emptive by CA Proposition 65

Any damage claims (plaintiff’s claims) is still based on state law

Sporting good designed for educational use, is that a toy?

    Gary Wolensky: Get advice, go through the product and product line and figure out whether the article is sporting good or something else.

    Personal use, consumption use or enjoyment in or around personal residence, school recreation or otherwise

What about certifications provided by foreign countries?

    Barring some sort of treaty or CPSC agreement those certifications will not work and must be certified under US rules

    Not just a function of what the product is made of

        Small parts

        Children’s products

        Everything will require 3rd party certification

    You will need to find lawyers skilled in this and independent labs skilled in this

Paul Rosenlund: there will be a separate set of rules for foreign labs

    EU standard will not exempt you from the CPSC

Is children’s footwear children’s toys?

    Arguably under the definition it is a consumer product and used to play.

    Can it end up in the kid’s mouth, then it might be a toy

Inaccessible parts made of Phthalate or lead?

    Inaccessible part the issue is the part really inaccessible? You are comparing the percentage concentration to the totality to the product whether accessible or not.

Probably specific regulations on accessible issues

How do I tell if I am a child’s product toy or just a sporting good?

    Clearly sporting goods fall within the definition of child’s products

    The critical inquiry is “is your product a toy or sporting goods”

        Look at the intended use

        Look at the advertising and marketing

        Is it used in team sports or individual sports

        Is it cute, colorful etc is a toy

        Are your instructions, warnings, etc aimed at a child above age 12?

        Do the instructions say only for use by children over age 12?

Certificates?

    A lot of information is not known yet on labels and certificates. Waiting on CPSC to provide more guidance.

    Everyone who manufactures a product must be on the certificate

        Where it came from, who manufactured it

    Tracking label must provide opportunity for the ultimate purchase to determine manufactures date time and location and batch run and time.

Paul: another provision of the act CPSC now has authority without a complaint or investigation the right to ask any importer retailer or manufactures for all supply chain information including component suppliers.

Gary W. as of this morning on the CPSC the PowerPoint’s are up from the presentations made by the CPSC last week.

Ended at 12: 30 PM MST

SGMA Conference Call Sponsored by:

KEY CONTACT INFORMATION

Bruce Cranner     Mark Granger      Tom Cove

Frilot LLC     Morrison Mahoney LLP             SGMA

504.599.8151         617.439.7518          202.349.9422


BCranner@frilot.com
MGranger@morrisonmahoney.com
TCove@sgma.com

 

Paul Rosenlund     Gary Wolensky             Bill Sells

Duane Morris LLP     Snell & Wilmer LLP             SGMA

415.957.3178     714.427.7022          202.349.9417


PSRosenlund@duanemorris.com
GWolensky@swlaw.com     BSells@sgma.com