international consumer health and safety organization (icphso) 2010 annual meeting and training...

International Consumer Health and Safety International Consumer Health and Safety Organization (ICPHSO)Organization (ICPHSO)

2010 Annual Meeting and Training 2010 Annual Meeting and Training SymposiumSymposium

February 17, 2010February 17, 2010

Product Safety Issues Product Safety Issues Challenging Congress in a Challenging Congress in a

Changing WorldChanging World

Product Safety Issues Challenging Congress Product Safety Issues Challenging Congress in a Changing Worldin a Changing World

Consumer product safety issues are consistently before both Consumer product safety issues are consistently before both Houses of Congress. Wrestling with legislative solutions to Houses of Congress. Wrestling with legislative solutions to consumer product safety issues is a focus of Congressional consumer product safety issues is a focus of Congressional staff, consumer advocates, industry lobbyists and the CPSC. staff, consumer advocates, industry lobbyists and the CPSC. These significant issues include – These significant issues include –

Is the CPSC’s jurisdiction sufficient to deal with the Is the CPSC’s jurisdiction sufficient to deal with the onslaught of defective foreign products?onslaught of defective foreign products?

Should the Congress take specific action to provide CPSC Should the Congress take specific action to provide CPSC with the statutory authority to deal with emerging dangers with the statutory authority to deal with emerging dangers such as substituting of heavy metals for lead in children’s such as substituting of heavy metals for lead in children’s products? products?


How should CPSC deal with the potentially harmful impacts How should CPSC deal with the potentially harmful impacts of nanotechnology in consumer products? of nanotechnology in consumer products?

CPSC is in the midst of implementing the CPSIA, how does CPSC is in the midst of implementing the CPSIA, how does this impact Congressional activity? this impact Congressional activity?

Is legislation necessary to strengthen CPSC’s ability to Is legislation necessary to strengthen CPSC’s ability to regulate defective cribs?regulate defective cribs?


Christopher Day, Director, Office of Congressional Relations, Christopher Day, Director, Office of Congressional Relations, CPSC CPSC

Christian Fjeld, Counsel, Senate Commerce CommitteeChristian Fjeld, Counsel, Senate Commerce Committee

Timothy Robinson, Counsel, House Commerce, Trade and Timothy Robinson, Counsel, House Commerce, Trade and Consumer Protection SubcommitteeConsumer Protection Subcommittee

Ami Gadhia, Policy Counsel, Product, Food, and Auto Safety Ami Gadhia, Policy Counsel, Product, Food, and Auto Safety Washington, D.C. Office, Consumers UnionWashington, D.C. Office, Consumers Union

Edward Krenik, Senior Principal, Bracewell & Giuliani LLPEdward Krenik, Senior Principal, Bracewell & Giuliani LLP


Before passage of the CPSIA, the CPSC was a beleaguered Before passage of the CPSIA, the CPSC was a beleaguered agency with diminished staff and resources and a critical agency with diminished staff and resources and a critical mission to protect consumers from unsafe products. mission to protect consumers from unsafe products. Consumers didn’t have faith that the current system was Consumers didn’t have faith that the current system was protecting them from unsafe products and Congress saw a protecting them from unsafe products and Congress saw a need to strengthen the agency.need to strengthen the agency.

I would like the panel to discuss their views on how the I would like the panel to discuss their views on how the CPSIA has effectively strengthenedCPSIA has effectively strengthened the CPSC and improved the CPSC and improved product safety?product safety?


CPSIA restored the Commission to 5 Commissioners, and the CPSIA restored the Commission to 5 Commissioners, and the agency is actively engaged in implementing various aspects agency is actively engaged in implementing various aspects of the CPSIA. However, the business community is telling of the CPSIA. However, the business community is telling the U.S. Congress that legislative modifications are the U.S. Congress that legislative modifications are necessary.necessary.

Could each of the panelists spend a few Could each of the panelists spend a few

moments to explain whether Congress shouldmoments to explain whether Congress shouldamend the CPSIA, and, if so, what changes makeamend the CPSIA, and, if so, what changes makesense?sense?

Significant Consumer Product IssuesSignificant Consumer Product IssuesHeavy MetalsHeavy Metals

The substitution of certain heavy metals for lead in The substitution of certain heavy metals for lead in children’s products has become a serious concern for CPSC, children’s products has become a serious concern for CPSC, as evidenced by the recent recall of children’s jewelry as evidenced by the recent recall of children’s jewelry containing Cadmiumcontaining Cadmium. .

Some on Capitol Hill are concerned that CPSC lacks statutory Some on Capitol Hill are concerned that CPSC lacks statutory authority to regulate these heavy metals and have authority to regulate these heavy metals and have introduced legislation to list these heavy metals as banned introduced legislation to list these heavy metals as banned hazardous substances. hazardous substances.

Does the panel believe CPSC have sufficient authority or is Does the panel believe CPSC have sufficient authority or is legislation necessary?legislation necessary?

Significant Consumer Product IssuesSignificant Consumer Product IssuesJurisdiction over Foreign FirmsJurisdiction over Foreign Firms

The CPSIA directed the GAO to assess the effectiveness of The CPSIA directed the GAO to assess the effectiveness of CPSC’s authorities over imported products. CPSC’s authorities over imported products.

The GAO said the agency could prevent the entry of unsafe The GAO said the agency could prevent the entry of unsafe products into the U.S., by fully implementing key provisions products into the U.S., by fully implementing key provisions of CPSIA, including establishing the substantial product of CPSIA, including establishing the substantial product hazard list and implementing testing and certification hazard list and implementing testing and certification requirements. requirements.

Significant Consumer Product IssuesSignificant Consumer Product IssuesJurisdiction over Foreign FirmsJurisdiction over Foreign Firms

Still, a problem of legal jurisdiction over foreign Still, a problem of legal jurisdiction over foreign manufactures continues to exist. Legislation has been manufactures continues to exist. Legislation has been introduced in the Senate to require foreign manufacturers introduced in the Senate to require foreign manufacturers that import products into the U.S. to establish registered that import products into the U.S. to establish registered agents in this country. agents in this country.

Does the panel believe Congress should approve legislation Does the panel believe Congress should approve legislation to give CPSC the legal tools to give CPSC greater jurisdiction to give CPSC the legal tools to give CPSC greater jurisdiction to deal with foreign companies that export defective to deal with foreign companies that export defective products to the U.S.products to the U.S.

Significant Consumer Product IssuesSignificant Consumer Product IssuesNanotechnologyNanotechnology

In its FY2011 budget, CPSC requested $2 million to support In its FY2011 budget, CPSC requested $2 million to support the Federal National Nanotechnology Initiative. the Federal National Nanotechnology Initiative.

Today the NNI consists of the individual and cooperative Today the NNI consists of the individual and cooperative Nanotechnology-related activities of 25 Federal agencies. Nanotechnology-related activities of 25 Federal agencies. Thirteen of the participating agencies have R&D budgets Thirteen of the participating agencies have R&D budgets that relate to Nanotechnologythat relate to Nanotechnology..

Is CPSC taking an active enough role with Nanotechnology, Is CPSC taking an active enough role with Nanotechnology, and should Congress be adding to this initiative?and should Congress be adding to this initiative?

Significant Consumer Product IssuesSignificant Consumer Product IssuesInter-agency JurisdictionInter-agency Jurisdiction

CPSC shares jurisdiction over consumer products with other CPSC shares jurisdiction over consumer products with other

Federal agencies. Federal agencies.

Some notable examples are child car seats and carriers with Some notable examples are child car seats and carriers with the National Highway Safety and Traffic Administration the National Highway Safety and Traffic Administration (NHTSA), cosmetics products, ceramic dinnerware, and (NHTSA), cosmetics products, ceramic dinnerware, and chocolate imbedded with small toys with the Food and Drug chocolate imbedded with small toys with the Food and Drug Administration. Administration.

Significant Consumer Product IssuesSignificant Consumer Product IssuesInter-agency JurisdictionInter-agency Jurisdiction

Do these blurred lines cause consumer or agency Do these blurred lines cause consumer or agency confusion? confusion?

Should Congress deal with these multiple jurisdictional Should Congress deal with these multiple jurisdictional issues through legislation? issues through legislation?

Should the agencies work these issues out?Should the agencies work these issues out?

Significant Consumer Product IssuesSignificant Consumer Product IssuesCrib SafetyCrib Safety

In November of 2009, the CPSC announced the In November of 2009, the CPSC announced the recall of more than 2 million drop-side cribs, recall of more than 2 million drop-side cribs, the largest crib recall in U.S. history, and last the largest crib recall in U.S. history, and last month, the CPSC announced yet another month, the CPSC announced yet another voluntary recall involving 635,000 drop-side voluntary recall involving 635,000 drop-side and fixed-rail cribs, and there was another and fixed-rail cribs, and there was another recall of 500,000 drop side cribs on February 9. recall of 500,000 drop side cribs on February 9.

The CPSIA instructed the CPSC to revisit its The CPSIA instructed the CPSC to revisit its safety standards for cribs, and CPSC says it is safety standards for cribs, and CPSC says it is

prepared to meet that obligation.prepared to meet that obligation.

Significant Consumer Product IssuesSignificant Consumer Product IssuesCrib SafetyCrib Safety

On January 21, the House Energy and Commerce Oversight On January 21, the House Energy and Commerce Oversight Subcommittee held a hearing on crib safety and raised the Subcommittee held a hearing on crib safety and raised the issue of whether current crib standards are, in fact, sufficient issue of whether current crib standards are, in fact, sufficient to keep consumers safe. to keep consumers safe.

The question for the panel is whether legislation is necessary The question for the panel is whether legislation is necessary to strengthen crib standards or does CPSC have the requisite to strengthen crib standards or does CPSC have the requisite statutory authority to do the job?statutory authority to do the job?

Significant Consumer Product IssuesSignificant Consumer Product IssuesCPSC FundingCPSC Funding

The CPSC received funding of $118.2 million in Fiscal Year The CPSC received funding of $118.2 million in Fiscal Year

2010, which should greatly assist in the implementation of 2010, which should greatly assist in the implementation of the CPSIA and other functions of the agency. the CPSIA and other functions of the agency.

Considering the current and future priorities of the agency, Considering the current and future priorities of the agency, could the panelists please comment on what you believe could the panelists please comment on what you believe should be the CPSC’s priorities for budgeting the increased should be the CPSC’s priorities for budgeting the increased funding.funding.


Thank you!Thank you! Questions?Questions?


Walt A. SandersWalt A. SandersVice President Law & Government AffairsVice President Law & Government Affairs

Van Fleet Associates, Inc.Van Fleet Associates, Inc.1800 Diagonal Road, Suite 4901800 Diagonal Road, Suite 490

Alexandria, VA 22314Alexandria, VA 22314(703)836-6403(703)836-6403

international consumer health and safety organization (icphso) 2010 annual meeting and training...

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