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CPSC News

CPSC Clarifies Requirements of New Children's Product Safety Laws Taking Effect in February
In February 2009, new requirements of the Consumer Product Safety Improvement Act (CPSIA) take effect. Manufacturers, importers and retailers are expected to comply with the new Congressionally-mandated laws. Beginning February 10, 2009, children's products cannot be sold if they contain more than 600 parts per million (ppm) total lead. Certain children's products manufactured on or after February 10, 2009, cannot be sold if they contain more that 0.1 percent of certain specific phthalates or if they fail to meet new mandatory standards for toys.

Under the new law, children's products with more than 600 ppm total lead cannot lawfully be sold in the United States on or after February 10, 2009, even if they were manufactured before that date. The total lead limit drops to 300 ppm on August 14, 2009.

The new law requires that domestic manufacturers and importers certify that children's products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children's products, such as thrift stores and consignment stores, are not required to certify that those products meet the new lead limits, phthalates standard or new toy standards.

The new safety law does not require resellers to test children's products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children's products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.

When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site (www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties.

The agency intends to focus its enforcement efforts on products of greatest risk and largest exposure. While CPSC expects every company to comply fully with the new laws, resellers should pay special attention to certain product categories. Among these are recalled children's products, particularly cribs and play yards; children's products that may contain lead, such as children's jewelry and painted wooden or metal toys; flimsily made toys that are easily breakable into small parts; toys that lack the required age warnings; and dolls and stuffed toys that have buttons, eyes, noses or other small parts that are not securely fastened and could present a choking hazard for young children.

The agency has underway a number of rulemaking proposals intended to provide guidance on the new lead limit requirements. Please visit the CPSC Web site at www.cpsc.gov for more information. (1-14-09)

Lasko Products to Pay $500,000 Civil Penalty

The U.S. Consumer Product Safety Commission (CPSC) announced today that Lasko Products Inc., of West Chester, Pa., has agreed to pay a $500,000 civil penalty. The penalty, which has been provisionally accepted by the Commission, settles allegations that the company failed to immediately report incidents about its defective portable fans.

These box and floor fans were sold between 2000 and 2004. In February 2006, CPSC and Lasko announced the recall of about 5.6 million fans.

CPSC alleged that Lasko failed to report to the government in a timely manner that fans sold by the firm could overheat, smoke or catch fire, and pose fire and burn hazards to consumers.

Between November 2002 and September 2005, Lasko received about 42 reports of fans overheating, smoking, melting or catching fire, which resulted in nine personal injuries and property damage. Lasko did not fully report the incidents to CPSC until September 2005.

Consumers who have the recalled fans can still receive a free fan cord adaptor, designed to shut off the fan motor if overheating occurs. Contact Lasko at (800) 984-3311, or visit the firm's Web site at www.laskoproducts.com/recall/recall_fans.html.

Federal law requires firms to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect which could create a substantial product hazard, creates an unreasonable risk of serious injury or death, or violates any consumer product safety rule, or any other rule, regulation, standard or ban enforced by CPSC.

In agreeing to settle the matter, Lasko denies that it knowingly violated the law. (1-06-09)

Fireworks Council Urges Caution with Sparklers
According to the U.S. Consumer Product Safety Commission (CPSC), approximately 16 percent of all consumer fireworks injuries are caused by sparklers burning hands and legs, with the majority of sparkler injuries occurring to young children. In fact, sparkler injuries accounted for one-third of all firework injuries to children 5 years or younger. These are injuries that would not have occurred if there had been close adult supervision and if some basic safety steps had been taken. The National Council on Fireworks Safety offers these safety steps for sparklers, in the hopes that sparkler injuries to young children can be greatly reduced.

  • Children under the age of 12 should not use sparklers without very close adult supervision.
  • Always remain standing while using sparklers.
  • Never hold a child in your arms while using sparklers.
  • Never hold, or light, more than one sparkler at a time.
  • Sparklers and bare feet can be a painful combination. Always wear closed-toe shoes when using sparklers.
  • Sparkler wire and stick remain hot long after the flame has gone out. Be sure to drop the spent sparklers directly in a bucket of water.
  • Never hand a lighted sparkler to another person. Give them the unlit sparkler and then light it.
  • Always stand at least 6 feet from another person while using sparklers.
  • Never throw sparklers.
  • Show children how to hold sparklers away from their body and at arm's length.
  • Teach children not to wave sparklers, especially wooden stick sparklers, or run while holding sparklers.

Sparklers have been a traditional means of celebration for hundreds of years. Let's teach our children how to use them safely and help prevent needless injuries.

The National Council on Fireworks Safety is a 501(c)(3) charitable organization whose sole mission is to educate the public on the safe and responsible use of consumer fireworks. Learn more at www.fireworkssafety.org. (12-30-08)

CPSC and Target Announce New In-store Recall Notification System
The U.S. Consumer Product Safety Commission (CPSC) is joining Target, of Minneapolis, Minn., today in announcing a new notification system for communicating product recalls in Target stores nationwide. Target's innovative safety and recall notification program involves posting signs throughout its stores that direct guests to gift registry kiosks near the Guest Service desk to learn about recalled products.

Through the kiosk system, guests in Target stores will have easy access to notices of new or past recalls for all product categories and can print copies of safety and recall notices to take with them.

Target will continue to post safety and recall information at Target.com, provide links to the CPSC and related Web sites and send e-mails to guests who have purchased recalled products online. To further increase awareness of recalls, Target has introduced a new process for eligible Target REDcard account holders, which provides recorded phone messages for guests who purchase an item that has been recalled.

CPSC would also like to urge consumers to sign up to receive automatic e-mail updates on recalls. "We have several subscription lists so consumers have more choices in the types of messages they can receive to ensure their families are safe," says Acting Chairman Nancy Nord.

By logging on to www.cpsc.gov/cpsclist.aspx consumers can tailor the type of e-mail notification they prefer, based on product type. Subscription lists include:

  • All CPSC press releases, including recalls
  • All recalls only
  • Only those recalls involving infant/child products
  • Only those recalls involving products used for sports and recreation
  • Only those recalls involving products used outdoors
  • Only those recalls involving household products
  • Only those recalls involving specialty products

At the gift registry kiosk or at www.target.com, Target guests can also search for recall information based on specific product categories. (12-22-08)

Pool and Spa Safety Law Aimed at Preventing Drain Entrapments

The U.S. Consumer Product Safety Commission (CPSC) is again reminding public pool and spa owners and operators nationwide that the Virginia Graeme Baker Pool and Spa Safety Act becomes effective on December 19, 2008. This law requires installation of anti-entrapment drain covers and other systems as outlined in the act.

The Pool and Spa Safety Act was enacted by Congress and signed by President Bush on December 19, 2007, and is designed to prevent the tragic and hidden hazard of drain entrapments and eviscerations in pools and spas. Under the law, all public pools and spas must have ASME/ANSI A112.19.8-2007 compliant drain covers installed and a second anti-entrapment system installed, when there is only a single main drain. Congress gave all affected pool and spa operators one year to comply with this law.

Public pools and spas that operate year-round are expected to be in compliance by December 19, 2008. CPSC staff has taken the position that seasonal public pools and spas that are currently closed must be in compliance with the law on the day that they reopen in 2009.

"Our mission at the CPSC is to keep American families safe," says Nancy Nord, CPSC Acting Chairman. "CPSC will enforce the requirements of this pool and spa safety law with a focus on where the greatest risk of drain entrapment to children exists, such as wading pools, pools designed specifically for toddlers and young children, and in-ground spas, particularly where these types of pools and spas have flat drain grates and single main drain systems."

Nord adds, "State health and enforcement agencies share the responsibility to ensure this law is properly enforced. I recommend these agencies take the same approach as CPSC concerning enforcement priorities."

Pool and spa operators are encouraged to continue working as diligently as possible to come into compliance, as the agency and state Attorneys General are empowered to close down any pool or spa that fails to meet the act's requirements.

For more information about the Pool and Spa Safety Act, how to comply and which companies have been certified to manufacturer drain covers and safety vacuum release systems, please log on to www.cpsc.gov/whatsnew.html#pool. (12-16-08)

Major Apparel Retailer to Pay a $60,000 Civil Penalty for Failure to Report Drawstrings in Children's Outerwear

The U.S. Consumer Product Safety Commission (CPSC) announced today that Nordstrom Inc., of Seattle, Wash., has agreed to pay a $60,000 civil penalty. The penalty settles allegations that the firm knowingly failed to report to the CPSC immediately, as required by federal law, that its children's hooded jackets and sweaters were sold with drawstrings at the hood and neck. These products, which the firm eventually recalled, pose a strangulation hazard that can cause death to children. The settlement has been provisionally accepted by the Commission.

CPSC alleges that Nordstrom failed to report to the government in a timely manner that drawstring jackets and sweaters were sold by the firm. Nordstrom sold about 2,400 drawstring jackets and sweaters in the United States between November 2007 and December 2007. In February 2008 and March 2008, CPSC and Nordstrom announced the recall of the drawstring jackets and sweaters.

In February 1996, CPSC issued drawstring guidelines to help prevent children from getting entangled and possibly strangling on hood and neck drawstrings in upper outerwear, such as jackets and sweatshirts. In May 2006, CPSC's Office of Compliance announced that children's upper outerwear with drawstrings at the hood or neck would be regarded as defective and a substantial risk of injury to young children.

Federal law requires manufacturers, distributors and retailers to report to CPSC immediately (within 24 hours) after obtaining information reasonably supporting the conclusion that a product contains a defect that could create a substantial product hazard, creates an unreasonable risk of serious injury or death or violates any consumer product safety rule, or any other rule, regulation, standard or ban enforced by the CPSC.

In agreeing to settle the matter, Nordstrom Inc. denies CPSC's allegations that it knowingly violated the law. (12-04-08)

IKEA to Pay Civil Penalty for Hazardous Candles

The U.S. Consumer Product Safety Commission (CPSC) has announced that IKEA North America Services LLC, of Plymouth Meeting, Pa., has agreed to pay the government a $500,000 civil penalty. The penalty, which has been provisionally accepted by the Commission, settles allegations that the company failed to immediately report incidents about defective outdoor candles.

CPSC alleges that IKEA failed to report to the government in a timely manner that outdoor candles sold by the firm could unexpectedly flare up and pose fire and burn injury hazards to consumers when they attempted to extinguish the candles by blowing them out.

IKEA sold about 133,000 six-pack sets of the outdoor candles in the United States between February 2001 and July 2005. The firm also sold an additional 1.3 million candle sets internationally. During that time, the firm received at least 32 reports worldwide of unexpected flare-ups, including fire, scorching and twelve reported injuries, including minor to serious burns. In May 2006, CPSC and IKEA announced the recall of the candles.

Federal Law requires manufacturers, distributors and retailers to report to CPSC immediately after obtaining information reasonably supporting the conclusion that a product contains a defect, which could create a substantial product hazard or create an unreasonable risk of serious injury or death.

In agreeing to settle the allegations, IKEA North America Services denies that it knowingly violated federal law. (11-24-08)

Replace Batteries in Smoke Alarms This Weekend

Change your clocks. Replace your smoke alarm batteries. Both are important this weekend as Daylight Saving Time ends on Sunday, November 2.

While changing your clock can keep you on time for work on Monday, the U.S. Consumer Product Safety Commission (CPSC) advises consumers that putting fresh batteries in your smoke alarms can save your life.

In recent years, an estimated annual average of 378,700 fires, 2,740 deaths, 13,090 injuries and $5.6 billion in property losses associated with residential fires have been reported by fire departments.

"Smoke alarms save lives," says CPSC Acting Chairman Nancy Nord. "That's a fact. Working smoke alarms buy you valuable time to get out of your home when there's a fire."

CPSC urges consumers to install smoke alarms on every level of their home, outside sleeping areas and inside each bedroom. To minimize nuisance alarms, install smoke alarms at least 10 feet from the stove and oven.

CPSC staff recommends installing both ionization and photoelectric type smoke alarms. Ionization type smoke alarms typically detect flaming fires more quickly, while photoelectric type smoke alarms typically detect smoldering fires sooner.

In addition to replacing smoke alarm batteries, consumers should test their smoke alarms every month to make sure they are operating properly – and never disable a smoke alarm. Long-life smoke alarms with 10-year batteries are also available to consumers. (10-31-08)

CPSC Provides Safety Tips for a Safe Trick or Treat
The spookiest night of the year is around the corner. Kids everywhere are choosing their favorite costume and looking forward to their favorite treats. As parents and caregivers prepare for this celebration, the Consumer Product Safety Commission (CPSC) reminds them to keep safety in mind, so that no child is haunted by Halloween-related injuries. Hidden dangers associated with costumes, treats and decorations can be easily prevented.

CPSC reports that the most serious Halloween-related injuries involve burns from flammable costumes and decorations, including ignition from open flames, such as candles and Jack O'Lanterns. Other incidents have involved lacerations from carving pumpkins and trips/falls while walking, particularly after dark.

"Our major concern is still the use of home-made costumes that are not flame resistant," says CPSC Acting Chairman Nancy Nord. "Parents making their children's costumes should use inherently flame-resistant fabrics, such as nylon and polyester. Costumes should fit well and not drag on the ground to guard against trips and falls."

CPSC helps keep children safe by enforcing the Flammable Fabrics Act and by recalling products at Halloween and throughout the year that can cause injury.

Follow these safety tips to ensure this year's holiday is a safe one:

Costumes

  • When purchasing costumes, masks, beards and wigs, look for flame-resistant fabrics such as nylon or polyester, or look for the label "Flame Resistant." Flame-resistant fabrics will resist burning and should extinguish quickly. To minimize the risk of contact with candles and other fire sources, avoid costumes made with flimsy materials and outfits with big, baggy sleeves or billowing skirts.
  • Purchase or make costumes that are light, bright and clearly visible to motorists.
  • For greater visibility during dusk and darkness, decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights. Bags or sacks also should be light-colored or decorated with reflective tape. Reflective tape is usually available in hardware, bicycle and sporting goods stores.
  • Children should carry flashlights to see and be seen.
  • Children should wear well-fitting, sturdy shoes. Oversized high heels are not a good idea.
  • Tie hats and scarves securely to prevent them from slipping over children's eyes and obstructing vision.
  • If your child wears a mask, make sure it fits securely, provides adequate ventilation and has eye holes large enough to allow full vision.
  • Swords, knives and similar costume accessories should be made of soft, flexible materials.
  • Supervise pumpkin carvings to avoid lacerations.

Treats

  • Warn children not to eat any treats until an adult has examined them carefully for evidence of tampering.
  • Carefully examine any toys or novelty items received by trick-or-treaters under three years of age. Do not allow young children to have any items that are small enough to present a choking hazard or that have small parts or components that could separate during use and present a choking hazard.

Decorations

  • Keep candles and Jack O' Lanterns away from landings and doorsteps where costumes could brush against the flame.
  • Indoors, keep candles and Jack O' Lanterns away from curtains, decorations and other combustibles that could catch fire. Do not leave burning candles unattended.
  • Remove obstacles from lawns, steps and porches when expecting trick-or-treaters.
  • Indoors or outside, use only lights that have been tested for safety by a recognized testing laboratory, such as UL. Check each set of lights, new or old, for broken or cracked sockets, frayed or bare wires or loose connections. Discard damaged sets.
  • Don't overload extension cords.
(10-30-08)

CPSC and Carter's Advise Parents of Rashes Associated with Heat Transferred, or "Tag-less," Labels

CPSC and Carter's Advise Parents of Rashes Associated with Heat Transferred, or The U.S. Consumer Product Safety Commission (CPSC) and Carter's, Inc., of Atlanta, Ga., are advising parents and caregivers that they have received reports that a small percentage of babies and infants have developed rashes on the upper back after wearing Carter's clothing with heat-transferred, or "tag-less," labels.

This advisory applies to Carter's Fall 2007 product line. The Fall 2007 line utilizes a label on the inside back of the garment that has a raised surface with a solid, rather than a stenciled, background. This advisory does not apply to previous and current product lines, which utilize labels with stenciled backgrounds.

CPSC and Carter's Advise Parents of Rashes Associated with Heat Transferred, or The garments, which were made in various countries, were sold at Carter's own retail stores and at department and national chain stores.

If your child develops a rash on the upper back after wearing garments that have a "tag-less" label with a solid background, you should stop using these garments. If the rash persists or worsens, you should contact your pediatrician.

For additional information, visit Carter's Web site at www.carters.com/corporate/tagless_message.aspx, contact Carter's toll free at 1-888-282-4674 or by e-mail at contactus@carters.com. (10-24-08)

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