Annual Report Shows Focus of CPSC's 2010 Enforcement & Work

2010 Recalls, LOAs & Penalties Were on Lead, Small Parts, Drawstrings, Etc.

In the Compliance and Enforcement section of the report, CPSC includes information on all of the recalls, letters of advice to importers, and civil penalty settlements it completed in 2010 as follows:

427 voluntary recalls in 2010. In 2010, CPSC staff completed 427 cooperative recalls (100 percent voluntary) of products that either violated mandatory standards or were defective and presented a substantial risk of injury to the public. A cursory review of the recalls shows that drawstring strangulation and fire, fall, burn, and injury hazards were frequent reasons for recalls in 2010.

More than 1200 letters of advice. For all products regulated by the CPSC, the Commission issues a Letter of Advice (LOA) when there is a violation of a mandatory standard. It advises the company of the violation and the nature of the necessary corrective action (to correct future production (CFP); to stop sale and CFP; or to recall, stop sale, and CFP). This section lists the more than 1,200 LOAs sent to importers and manufacturers in 2010, where the Commission received a response from the company confirming the violation; the Commission decided that the company completed a voluntary correction agreed upon for the company to remedy the hazard; or the CBP seized the product at the port. A review of the data shows that CPSC’s LOAs focused a great deal; on lead in children’s products, small parts, and pool drain covers in 2010.

Nearly $4 million in penalties. In 2010, the CPSC negotiated out-of-court settlements in which five companies voluntarily agreed to pay $1.85 million in civil penalties to the U.S. Treasury. In addition, one federal court settlement resulted in a civil penalty of $2.05 million to the Treasury. CPSC civil penalty settlements covered children’s toys, children’s apparel with drawstring violations, art material labeling, and several children’s product violations (phthalates, lead in paint, labeling, etc.) CPSC injunctive actions in 2010 focused on mattresses, fireworks, and cigarette lighters.

Researched Cadmium, Phthalates, Changes in Toy Standard, Nanomaterials, Etc.

Commission staff conducts studies and investigates deaths, injuries, diseases, and economic costs associated with consumer products. This research is used to identify hazardous products and design effective strategies to reduce product hazards. In 2010, CPSC staff conducted or participated in the following research (partial list -- see report for further topics):

• Toy standard - As mandated by the CPSIA, CPSC staff reviewed ASTM F963, Standard Consumer Safety Specification for Toy Safety, and completed a report addressing six hazard areas in May 2010. Staff shared a copy of this report with the ASTM F963 subcommittee which was scheduled to discuss the report and select priorities for future revisions at a November 2010 meeting.
• Cadmium in children’s jewelry -- completed a report on the potential health effects of cadmium in children’s metal jewelry;
• Disposable diapers - evaluated the chemical compounds that the manufacturer reported were used in the disposable diapers.
• Children’s sleepwear test manual - finalized the laboratory test manual for the Standards of Flammability for Children’s Sleepwear.
• Clothes dryer indicators - completed a draft report on the possible use of indicators to inform consumers of clothes dryer operational status.
• Drywall investigation -- staff prepared and published numerous reports on the results of technical studies related to drywall such as elemental and chemical analysis; indoor air testing of affected and control homes; etc.
• XRF testing for lead in paint - prepared a draft status report on the development of a standard reference material and the effectiveness of X-Ray Fluorescence (XRF) technology and other alternative technologies for the measurement of lead in paint.
• Nanotechnology - staff contracted for three reports that present data on the commercialization of nanomaterials and the specific consumer products that contain these compounds. CPSC is also evaluating nanosilver in children’s consumer products.
• Phathalates -- in support of the Chronic Hazard Advisory Panel’s work on phthalates and phthalate alternatives, CPSC staff conducted nine reports on the health effects and exposures to phthalates and phthalate substitutes.
• Spray foam insulation - completed a draft memorandum that reviews the potential health effects of chemicals that may be used in spray foam products.
• Gas furnace CO sensors - completed a draft report on the results of tests conducted by a contractor to evaluate the longevity and durability of CO sensors used in a gas furnace application.

Has Links to All Mandatory Standards, Describes Work on Voluntary Standards

The annual report also lists all of the mandatory consumer product safety standards in effect in 2010 and provides a link to each standard. In addition, it describes staff work on voluntary consumer product safety standards which CPSC states is also covered in its regular reports on its standards activities. (See ITT’s Online Archives or 03/16/11 news, 11031624, for BP summary of two CPSC 2010 standards activity reports.)