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Over the 2024 summer, new EU rules entered into force regarding unsold consumer products under the new ESPR (i.e. the Ecodesign for Sustainable Products Regulation – Regulation (EU) 2024/1781).  The legal obligations themselves are relatively concise and short in number and therefore perhaps easy to overlook.  However, companies selling or supplying consumer products in the EU/EEA – particularly companies in the clothing, footwear, apparel, textile and retail sectors – should beware and not underestimate their importance or impact.Continue Reading Companies Selling Consumer Products in the EU (Particularly Clothing, Apparel, and Footwear Companies) Beware: The New ESPR Rules on Unsold Consumer Products Have Now Entered into Force

Industry 4.0. Fourth industrial revolution. Digitalization of modern business process and using robots, online technology, Internet of thing etc.

What if there was a way to easily see the raw materials and production process, environmental and social impact, and expected product performance of a consumer product by simply scanning a QR code? Would easy access to that information during the lifecycle of a consumer product, incentivize sustainable production and consumption, promote repair, refurbish, reuse and recycling, and reduce waste? This is the future contemplated by the European Commission’s Circular Economy Action Plan. A future that may be obtainable through the implementation of digital product passports.Continue Reading Digital Product Passports

In a major move by California that may be but a harbinger of a dramatic sea change in banning or severely restricting the inclusion of hundreds of chemicals present in every-day consumer goods, California just imposed upon the consumer product industry (culminating, at least most likely for 2021, right before the end of October), a sweeping range of bans that likely will fundamentally disrupt the California consumer product economy.
Continue Reading No Treats, Too Many Tricks, For PFAS This Halloween

  • Is an escalator in a shopping mall a consumer product? The Consumer Product Safety Commission thinks so; here’s their recommendation on escalator safety and the use of soft soled shoes.
  • Does the CPSC regulate the Internet of Things? To the extent networked products present safety risks, you bet they do. CPSC Commissioner Kaye has issued

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Product liability suits and regulatory product defect enforcement actions associated with consumer foreseeable – and unforeseeable – misuse have become the norm. Consumer product companies can mitigate these risks by focusing on use-related hazards and user-centered designs in an effort to reduce injuries and improve the usability of products. But the real question is how far to go with these efforts — at what cost and for what incremental benefit.

On March 15, 2018, the Consumer Product Safety Commission published Draft Guidance on the Application of Human Factors to Consumer Products for industry comment by May 14, 2018. The draft guidance was developed in conjunction with Health Canada’s Consumer Product Safety Directorate. CPSC and Health Canada aim to increase product safety by explaining to product designers and manufacturers how to incorporate human factors[1] into the design process.

The draft guidance describes the product design process and provides guidance on human factors considerations at each stage and then summarized in the graphic depictions collected at the end of this post. Because the guidance is not an enforceable rule, no cost benefit analysis accompanies the myriad of product design recommendations proposed.

Continue Reading CPSC Reaction to Consumer Misuse – Human Factors Design Process

Furniture installation

I was feeling rather smug, having ordered a children’s product and shipped it home in advance of visiting my parents with my four year old. But as I was congratulating myself on advanced planning, I received a series of emails from my parents. The product required some assembly, and the instructions appeared to be incorrect. I confess my initial reaction was concern – perhaps my parents were losing mental dexterity earlier than expected? But more emails followed, explaining that the company’s customer service center had told my parents that, yes, the instructions were incorrect and revised instructions were in the works. With some phone guidance, the product was finally assembled. My parents were understandably frustrated by the whole experience.  So much for advanced planning!

While at first blush this scenario sounds like a customer service issue, it could also have real legal implications. 
Continue Reading Some Assembly Required: When Product Instructions Implicate Legal Concerns

EPA has proposed a new rule to restrict the use of seven toluene diisocyanates (TDIs) in consumer products.  TDIs are commonly used in the production of polyurethanes found in foams, coatings, elastomers, adhesives and sealants used in consumer products.  Flexible foams (for cushioning) and rigid foams (for insulation) are the chief uses for TDI.

Published…

On November 13, 2013, the U.S. Consumer Product Safety Commission (CPSC) voted 3-1 to publish notice of a proposed interpretive rule that would establish standards for voluntary product recalls, revising 16 CFR part 1115. As approved, the proposed rule, which originally focused on the form and content of recall notice, incorporates several substantive amendments introduced…