March 5th, 2010

How Safe Are Your Imported Products? Tips For Protecting Your Customers and Corporate Liability

Many of the products we buy today are produced in areas of the world that we have neither seen nor visited. So, how do we know the products we use, every day, are safe for our health and the environment?   This article has been written to help you realize and understand that product safety testing and adherence to safety regulations are now a standard and essential step in the global sourcing and manufacturing process.   When consumers consider buying a product, the thought of where and how the product was made is rarely a question that comes to mind.  As you probably know, product purchase decisions are generally related to thoughts of, “do I love this product? Will this product make my life easier?  Or, will this product make me more attractive”? If your customer answers yes to any of these questions, you’ve got a great product to sell.  Now, the question you must ask for your business is, how safe, comfortable and protected will my customer be while using this product?    

What safety tests are required for my products?

Depending upon the product you are manufacturing, sourcing or selling, it becomes critical to know the safety standards that have been set in your industry. Your corporate liability can depend on it. For example: let’s look at some of the most common products that require rather complex testing, even before the products can reach retailer shelves or consumers hands.     

Metal Jewelry (for both children and adults)

Lead Testing is a critical and recommended test.

The state of California has recently passed a law (As of August 2009) that all alloy metal jewelry products (plated or not) should contain less than 0.06% (600 ppm, parts per million) lead by weight, within each piece of jewelry that is produced or imported into the USA.

Additionally, dye or surface coatings on jewelry must also contain less than 0.06% (600 ppm, parts per million) lead by weight. Note: this law is mostly targeted toward children’s jewelry. However, following the same safety standard for adult products will only protect consumer health and your corporate liability.    

Plastic Toys for Children under the age of 12

The United States CPSC (Consumer Product Safety Commission) has developed new safety standards that will protect children from the harmful effects of lead and other plastic chemicals (such as phthalates). As of February 2009, all plastic toys manufactured in or outside of the United States must be tested in USA- certified, 3rd party testing labs. As of August, 2009, the maximum allowable total lead content of children’s painted products can be up to 0.009% (which is equivalent to 90 ppm, parts per million). The test method for compliance is 16 CFR & 1303.1. The CPSIA (Consumer Product Safety Improvement Act) has permanently banned the presence of DEHP, DBP, and BBP phthalates from all manufactured toys.

For toys in general, it is recommended that potential choking hazards are tested and reported on all catalog, packaging and marketing materials. Be aware that product packaging could apply to this testing rule, if the packaging will be reused by the child.  Again, having these products tested will protect your corporate liability and consumer safety.

Apparel and Textile

One of the most common standards required for commercial textile and children’s (or adult) apparel is adherence to the CPSC (consumer product safety commission) Flammable Fabrics Act (”FFA”), originally passed in 1953. The purpose of this law is to regulate and limit the manufacture, import or sale of highly flammable clothing, interior furnishings and textiles (such as rugs, mattresses, and sleepwear etc.)  The standard classifies fabrics into 3 categories of flammability based on their speed of burning. The minimum standard specifies that class 3 textiles, the most dangerously flammable fabrics, are unsuitable for use in clothing because of the rapid burn rate.   If your company produces, buys, or sells wearing apparel and/or interior textile products, it’s wise to know if your products meet the CPSC flammability standards. You can find more consumer & product safety information listed in the CPSC.gov website, http://www.cpsc.gov 

How do I know I’m following product testing law?

From the few items discussed here, you can sense the complexity and ever changing details required for product testing. 

Hiring expert knowledge for this process is highly recommended. Global sourcing and international legal experts can help your company weed through the mass of information about industry standards, required product tests and import regulation. 

Having such experts on your team will help to minimize the risk of potential legal problems and the possibility of paying large, non-compliance fines if proper tests are not performed. These experts can also help ensure your imported products are delivered with the proper customs documentation.   International industry experts can also help you to identify proper manufacturers, testing labs and even the correct test required for your products. Remember, if these steps are not managed correctly, it’s your business operation and consumer safety that is at risk. Make sure your process is set up correctly, from the start, to avoid costly mistakes down the road.

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