Subcommittee on Consumer Protection:

Oversight of the Consumer Product Safety Commission

6/17/15

The Subcommittee on Consumer Protection hearing began with ranking member Sen.

Blumenthal noting that nothing is more important than consumer safety. It was noted that

synthetic turf can be a concern because it puts those in proximity to it at risk of cancer. Old

concerns such as lead paint are still relevant today as well.

The first witness noted that a permanent funding mechanism for faster entry of imported

products and safer products in the hands of Americans. It was also stated that the agency ought

to be operated at the commission level. It was noted that although the Consumer Product Safety

Commission is the smallest federal health and safety agency and receives funding in “the

millions, not the billions” as one witness noted, it nonetheless saw a 30% decline in consumer

deaths, a 73% drop in crib deaths and almost complete elimination of child suffocation.

Safety regulations and standards for children’s products was identified as a priority but it

was also asserted that senior citizens ought to receive more attention. It was noted that the age

group is rapidly growing because of the aging of baby boomers and greater longevity in

America. Although senior citizens only account for 13% of the population, they account for

65% of consumer-product related deaths.

The second witness noted changes to the retail reporting program. Banning chemicals

merely based on cumulative risk assessments should not be done. Window covering products

need attention as well. Regulations need to be reasonable, balanced and serve a need.

The third witness called for enhancement of techniques to interdict unsafe products at

ports. 330 ports must be supervised to ensure that unsafe products are not allowed entry. It was

proposed that risk assessment mechanisms are nationalized so that unsafe products can be

identified before they reach retail shelves or the hands of consumers. This is to be done through

harmonized tariff codes and requiring electronic filing. It was noted that import surveillance is

not only of importance to protect consumers but also to protect the interests of American

business. Ensuring others play by the rules levels the playing field. The three components of

this initiative are information technology for an electronic database, personnel on site at ports

and lab capacity to handle samples. This initiative can be implemented at a cost of $36 million

per year.

The fourth witness called for the Consumer Product Safety Commission to modernize

how it gathers and analyzes data. It was noted that funding for some data gathering systems has

been allocated. It was advocated that the recreational off-roading vehicle industry should

incorporate simple fixes. It was also asserted that the Consumer Product Safety Commission

should not have to pay the National Academy of Sciences to conduct tests that have already been

conducted by the CPSC.

Senator Blumenthal noted that the CPSC needs to speed up the recall of products noting

that 80% of children’s recall products are in the hands of consumers at the time of recall and only

4% are returned destroyed or fixed thereafter. Recalls need to make consumers aware of product

deficiencies.

Regarding recreational off-roading vehicles (ROV’s), it was asserted that because they

are not designed to be used on roads they should not be treated as street vehicles during testing,

but a witness noted that by law, testing is required to examine potential misuse.

The issue of concussions in children’s contact sports was then discussed. It was asserted

that a culture change is needed in sports to make sure brains are not injured. There are limits to

the usefulness of products in injury prevention. It was said that football helmets should reflect

state-of-the-art in helmet technology and safety standards should be adopted for youth specific

football helmets. It was said that the American Society for Testing and Materials is the most

consensus building, transparent, safety-conscious process.

It was said that children’s products should be examined to ensure that they do not contain

lead, asbestos or any toxic substance. In 2000, asbestos was found in children’s crayons and in

2013 and 2014, formaldehyde was found in Chinese products. A process needs to be established

to ensure toxic substances stay out of products. The risk of children consuming laundry

detergent pods was discussed with concerns raised about fragrance and colorful packaging which

could potentially cause children to try to consume the contents. It was said that efforts are being

undertaken to strengthen the film and put warnings on the labels. Similar concerns were raised

over liquid nicotine.

The issue of carbon monoxide poisoning is an issue with oil generators that warrants

measures to reduce their emissions. UL has been receptive to reducing emission of carbon

monoxide in these generators. Concern was raised that if standards are voluntary, enforcement

mechanisms are severely limited because there is no deterrent.

Artificial turf was said to be an issue worthy of consideration because of chemical

exposure. Cross agency collaboration was called for with the Food and Drug Administration and

others. The chairman Sen. Moran questioned when the CPSC last updated fireworks safety

standards and witnesses noted that evaluation of existing voluntary standards should take place

and be improved upon if necessary. –Stephen Shaw 6/17/15