CPSIA

Whether it's a false lighter to wave at a concert, a directional compass, or getting the latest updates from The New York Times, there is, in fact, an app for that.  As it turns out, there's also an app for keeping up with the latest food, auto, and consumer products recalls.  In fact, there are several.

Recalled! and RecallWatch are both lightweight, straightforward apps for Android phones, suitable for anyone who wants to keep track of the latest in product recalls.  Recalled! retrieves recall information from the Consumer Product Safety Commission (CPSC) and the Food and Drug Administration (FDA), while RecallWatch displays advisories from the Food Safety and Inspection Service (FSIS)/United States Department of Agriculture (USDA), MedWatch, Pet Health, and National Highway Traffic Safety Administration, as well as the FDA and the CPSC.  

Recalls+ is more robust with a variety of features, though it does require some form of registration (Facebook, Twitter, or a Recalls+ account) in order to access most of the app's functions, such as a watchlist where users can track current or potential future products and an inbox where one receives alerts if the product on the watchlist is recalled.  Users also have the ability to share recalls with friends or family and can search recalls by product name, brand, or food allergen.  Recalls+ is available for both Android phones and iPhones.

Recalls.gov is an official application of the federal government and also has a number of features besides just tracking the latest recall advisories.  Recalls.gov displays recent recalls for child safety seats, consumer products, drugs, food, autos, and tires, allows for searching, and even lets users perform a barcode scan to see if the product has been recalled.  Users can also report an incident via the app.  This app is available only for Android.

The Consumer Product Safety Commission issued its final rule today regarding phthalates in inaccessible component parts in children’s toys and child care articles.  The Consumer Product Safety Improvement Act of 2008 (CPSIA) permanently prohibits the sale of any “children's toy or child care article” containing more than 0.1 percent of three specified phthalate chemicals: DEHP, DBP, and BBP.   The CPSIA also prohibits, on an interim basis, “toys that can be placed in a child's mouth” or “child care article” containing more than 0.1 percent of three additional phthalates: DINP, DIDP, and DnOP.

The final guidance is that phthalates may be included in children’s toys and child care products so long as they are in inaccessible components.  Components are inaccessible if they are not physically exposed or will not become exposed through reasonably foreseeable use and abuse of the product, such as by swallowing, mouthing, breaking, and aging.  Fabric coverings are considered to be an acceptable barrier unless the component is smaller than 5 centimeters (because it can then be placed in the child’s mouth, and fabric is no longer a barrier once it is wet), and unless the product is a mattress or other sleep surface.  Paints, coatings, and electroplating are not considered to be barriers.

For more than 20 years, The Chanler Group has successfully represented citizen enforcers acting in the public interest to enforce the right to be informed of the presence of chemicals, such as phthalates, contained in consumer products offered for sale without a health hazard warning.  Settlements obtained by TCG clients regarding consumer products have resulted in millions of dollars in civil penalties being paid to the State of California.