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Product Safety Round-Up from the States

Mintz Levin Cohn Ferris Glovsky Popeo P.C. - Boston Office

February 17, 2014

Previously published on February 13, 2014

(Updated Feb. 13, 2014) Over the past month, our blog posts have focused on the product safety activities of the U.S. Consumer Product Safety Commission and U.S. Congress, and even within the EU and Australia. However, product safety developments within the States must not be overlooked. On many issues, various states have been out in front of the federal government, or our international partners, on product safety issues, such as banning the use of heavy metals in children’s products, banning certain types of child care articles (such as drop-side cribs) and limiting Bisphenol-A (BPA) in products such as water bottles. Every so often, Consumer Product Matters will update our readers on interesting product safety developments on the state level by highlighting a select few (this list is not meant to be comprehensive).

First, the Connecticut legislature will consider a bill, No. 84, which would adopt the CPSC-supported ASTM F2923-11 cadmium limits for children’s jewelry and replace an existing law that imposes a 75 ppm limit that will go into effect this summer unless changed. The bill is set to be debated at a public hearing held by the General Law Committee of the Connecticut General Assembly. As our readers may be aware, some manufacturers of children’s jewelry have recalled certain products previously due to the presence of cadmium.

Last week, the Nebraska legislature passed a bill, LB403, which outlaws the sale of novelty lighters in the state without a child-proof safety feature. Many lighters used for cigarettes resemble children’s toys or contain cartoon characters or other features associated with children’s products, which have posed hazardous to young children.

It has been reported recently that the South Dakota legislature will take up a bill, HB1168, in the coming weeks that would regulate amusement rides by requiring inspections annually. We have blogged previously about the confusing nature of the CPSC’s jurisdiction over amusement park rides after the roller-coaster tragedy at a Six Flags park last August.

Finally, at the end of last month, the Washington State House approved a measure, HB 1294, called the “Toxic Free Kids and Families Act,” which bans six chemical flame retardants from household furniture and children’s product such as strollers and changing pads.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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