Consumer advocates call for new leadership of the Consumer Product Safety Commission

Consumers Union, together with five other consumer and science groups, today expressed continued support for the Consumer Product Safety Improvement Act (CPSIA), and urged President Obama to appoint new leadership to the Consumer Product Safety Commission (CPSC) to help implement the new  law. The statement, in part, reads:

"In recent weeks, a number of misleading statements about the testing requirements of an important new product safety law have appeared in the media, on blogs and on other Web sites. While we have urged the Consumer Product Safety Commission (CPSC) to promptly address reasonable concerns that have been raised regarding compliance, and provide better information about the new law, our organizations all agree that the law is fundamentally sound and essential to ensuring a safer marketplace."

The full statement from the groups, which include Consumers Union, the Consumer Federation of America, the Union of Concerned Scientists, Kids in Danger, U.S. Public Interest Research Group and Public Citizen is available here. The letter from the groups to President Obama is available here.

This week in safety

Two of the week's top news stories have been salmonella and the Super Bowl. Naturally, that got us thinking about food safety. Next to Thanksgiving, Super Bowl Sunday is the highest day of food consumption in the U.S. The game is long—interspersed with all those jazzy commercials and the halftime performances—and that gives party food time to go bad if it's been sitting out for hours.

In the spirit of the game, the U.S. Department of Agriculture is offering four football-inspired food safety messages as part of its Be Food Safe program. They are:

• Avoid illegal use of hands. Always wash hands with soap and warm water for 20 seconds before and after handling food.
• Off side penalties. Keep raw meat and poultry separate from cooked foods. Wash cutting boards.
• Heed the Red Zone. Use a thermometer to make certain food items are safely cooked.
• Use pass protection. Keep cold foods cold and hot foods hot and refrigerate leftovers promptly

Here's what else was in the news this week:

AP Exclusive: Bad peanuts found before outbreak
The Washington Post
The government disclosed new details Friday about the discovery of contaminated peanuts sent abroad by the same plant linked to a national salmonella outbreak, acknowledging a shipment containing a "filthy, putrid or decomposed substance" was returned to the U.S. in April—months earlier than reflected in a federal tracking database. Read more ...

Congress to hold hearings on peanut product recall
Newsday
Rep. Henry Waxman (D-Calif.), chairman of the House Energy and Commerce Committee, will conduct the hearings into the cause of the salmonella outbreak the week of Feb. 11, The Associated Press reported. Read more ...

Q&A: The new toy safety rules and you
The Washington Post
Congressionally mandated toy safety rules that take effect Feb. 10 have left freecyclers and resellers of children's products scrambling to understand the law and how it affects them. The result has been word-of-mouth back and forth of truths and rumors about the law. Read more ...

Letter from Nader to Obama: Restore consumer protection
The Register Citizen
"Dear President Obama: Underneath many of our country’s economic problems is the thirty-year collapse of consumer protection—both of the regulatory kind and of the self-help kind known as proper access to justice." Read more ...

Opinion: Who should pay costs of unsafe imports?
Mercury News
Between lead-laced toys, melamine-spiked baby formula and poisoned pharmaceuticals, the costs of globalized production have never been higher. While labels may bear the names of venerable U.S. companies, when production is outsourced abroad, consumer safety may pay the price. Read more ...

Product recalls at record high in Europe
Financial Times
Product recalls and notifications of dangerous merchandise reached record levels in the European Union last year, with the number of suspect goods reported more than double that in the U.S. Read more ...

Study: Plasticizer related to lower hormone levels in men
Environmental Health News
Adult men with average amounts of phthalates in their urine had lower levels of two important hormones—testosterone and estrogen—in their blood. The hormones are necessary for normal sperm production and function. Read more ...

Safety news from the CR Blogs

• Home: How to prepare for a weather emergency
• Cars: Recall of 2006-2007 Toyota Yaris
• Cars: Guide to safe winter driving
• Health: Drug combos that put seniors at risk
• Health: Mercury found in high-fructose corn syrup

Don't miss these recalls

• 7,000 L.L. Bean  Stabilicer Lite ice cleats (fall hazard)
• 140,000 Milestone AV Technologies television wall mounts (fall hazard)
• 500 Discount School Supply Jesus Fish Beads (lead paint)
• 700 Lane Home Furnishings Glider Recliners (fall hazard)
• 15,000 Fantas-Eyes High School Musical manicure kits (lead exposure)
• 75,000 Markwins Beauty Products Lip Gloss Keychains  (lead exposure)
• 2,400 Land of Nod children’s canopies (entrapment and strangulation hazard)
• 900 Outdoor Research  warming gloves  (burn hazard)
• 8,400 Spencer Gifts skull-and-crossbones necklaces (lead exposure)
• 3,000 DDI toy construction play sets (lead paint)

White House responds to salmonella outbreak

In the coming days, President  Barack Obama plans to announce a new commissioner for the Food and Drug Administration and establish a ''stricter regulatory structure'' to prevent breakdowns in food-safety inspections, according to the Associated Press.

Press secretary Robert Gibbs said the administration has been alarmed by the ongoing salmonella outbreak, attributed to peanut butter products, which has sickened more than 500 people and contributed to the deaths of eight.

We applaud the White House's response and will report on developments here as they occur.

UPDATE: The New Yorks Times is reporting that a criminal investigation into the source of the salmonella outbreak is being conducted jointly by the Food and Drug Administration and the Justice Department, according to Dr. Stephen Sundlof, director of the F.D.A.’s food center.

The investigation will focus on "the actions of the Peanut Corporation of America, which knowingly sold contaminated peanut butter and peanut products to major food makers," the newspaper wrote.

Exploding jars prompt recall of 516,000 aromatherapy kits

Parents who bought their kids aromatherapy kits to make so-called "bath bombs" likely never imagined that the jars of oils would actually explode. But that's what happened at least 88 times with some of the 516,000 Spa Factory Aromatherapy Fountain & Bath Benefits Kits recalled today. The explosions resulted in 13 injuries. The injuries to children aged 6 to 11 years old include three cases of irritated eyes, two eye injuries from flying caps, a cheek welt and a cheek cut. Injuries to adults include four reports of bruising, one swollen joint, and one face gash.

Sold as a toy by JAKKS Pacific, the aromatherapy kits were intended to be used to make "Bath Bombs/Balls and Bath Fizzies." But according to the recall notice issued by the Consumer Product Safety Commission, pressure from the buildup of carbon dioxide in the jars can cause the caps to blow off, posing explosion and projectile hazards. The mixtures also can contain citric acid, which can get into the eyes during an explosion, posing a risk of eye irritation.

Five different kits are being recalled. They were sold at Sam’s Club, Wal-Mart, Target and toy stores nationwide from August 2008 through January 2009 for about $13 for the Bath Benefits Kit and between $30 and $50 for the Aromatherapy Fountain.

Wisely, the CPSC is telling parents to immediately take the toy’s jars and caps away from children and contact JAKKS for free replacement jar caps with vent holes by calling the company's toll-free number between 7:30 a.m. and 4:30 p.m. PT Monday through Friday or by visiting the firm’s Web site at www.myspafactory.com, or emailing the firm at caps@jakks.net.

Peanut products from Georgia plant recalled back to 2007

The Food and Drug Administration today expanded the recall of peanut products produced by the Georgia plant associated with the ongoing salmonella outbreak to include all products produced over the past two years. The vastly expanded recall comes after reports that evidence of salmonella was found at the plant yet peanut products were shipped anyway, according to news reports. The plant in Blakely, Georgia operated by the Peanut Corporation of America has been shuttered.

"It's among the largest recalls that we've had," said Stephen Sundlof, director of the FDA's Center for Food Safety, during a press conference. "We don't have a good idea how much of that product is still out there."

The agency released its inspection reports of the plant in which inspectors concluded that PCA "failed to manufacture foods under conditions and controls necessary to minimize the potential for growth of microorganisms and contamination."

The company was also cited for "failure to maintain equipment, containers and utensils used to convey, hold, and store food in a manner that protects against contamination." FDA inspectors found that the manufacturer did not clean a peanut paste line contaminated with salmonella for more than three months after it first became aware of the contamination, the report said.

Numerous products that use peanut butter or peanut paste from PCA have already been recalled and that number is expected to grow given the expanded time frame of the recall. As they are recalled, the products are being added to the FDA's searchable database.

Today's expanded recall follows reports by federal inspectors that salmonella had been found previously at least 12 times in products made at the plant. Inspectors discovered that the tainted peanut products were retested, then shipped to customers, according to MSNBC.com. Tainted products were shipped as recently as September. A month later, reports of people being sickened signaled the start of the outbreak. More than 500 people have become ill and at least eight deaths have been associated with the outbreak.

We will continue to follow this story as it unfolds and reiterate our call for better oversight of the food distribution system.

Plant that produced tainted peanut butter has history of sanitation lapses

The Georgia peanut processing plant associated with the ongoing salmonella outbreak has a history of sanitation problems, according to the Atlanta Journal Constitution. Inspection reports obtained by the newspaper from the Georgia Agriculture Department, covering the period from 2006 to 2008, show repeated problems with cleanliness at the Peanut Corporation of America plant in Blakely. Federal officials say the plant, which has ceased operation, is the sole source of the outbreak.

Similarly, Macon.com reported today that of Georgia's four peanut butter plants, the one at the center of the investigation was the only one in which samples weren't taken last year to be tested for the potentially deadly bacteria, according to the inspection records. "State officials did two inspections at the Peanut Corp. of America plant in Blakely last year—including one on Oct. 23, more than a month after the first people were sickened—but there is no indication in those reports that samples were taken for any kind of testing," the Web site reported.

The outbreak has sickened more than 500 people and contributed to the deaths of at least eight, according to the daily tally kept by the Centers for Disease Control. There are hundreds of foods listed in the database of recalled products being kept by the Food and Drug Administration.

Recalled to date are 29 types of protein bars, 35 brands of cookies, 14 types of dog biscuits and numerous other cakes, crackers, ice creams and other packaged foods. In addition to checking the database, the FDA and CDC recommend that consumers:

• Not eat products that have been recalled and throw them away in a manner that prevents others from eating them.
• Consult a company’s Web site or call the toll-free number listed on most packaging when looking for  information on products containing peanut butter from companies not reporting recalls. Keep in mind that information consumers may receive from the companies has not been verified by the FDA.
• Not consume products if you cannot determine if the peanut butter, peanut butter/peanut paste ingredient or institutionally-served peanut butter contains PCA peanut butter/peanut paste.
• Consult your health care provider if you think you may have become ill from eating peanut butter.

Toy industry responds to CU’s report on recalls

Last month, Consumers Union published a report called “Still Not Safe”  that analyzed recalls made by the Consumer Product Safety Commission during its 2008 fiscal year. In that time, CU said, the "marketplace was besieged by unsafe toys and other products." Carter Keithley, president of the Toy Industry Association, a trade group that represents more than 500 companies that produce and import toys, took issue with some aspects of our report and in a letter expressed the group's "disappointment," claiming that we treated the toy industry "unfairly."

While we respect the opinions expressed by the TIA, we stand by our reporting and believe it  appropriately characterized the state of CPSC recalls. Our report was not aimed at the toy industry but rather at the gaping holes in this country's safety net that allow so many unsafe products to cross our borders, particularly from China. 

Specifically, the TIA took issue with the following findings in our report:

"Recalls were up 19 percent over last year, reaching 563 total recalls announced by the CPSC and involving at least 43 million items. Two-thirds of all products recalled were children’s products including toys, nursery items and clothing."

Of the 563 recalls cited, TIA stated that only 67 were identified by the CPSC as toys, for a total of 12 percent. That’s compared to 84 toy recalls in 2007—a decline of 20 percent. The number of individual toys involved in the recalls declined from about 29 million in 2007 to about 8 million in 2008—a 73 percent reduction.

"More recalls were issued for lead than any other hazard. There were 121 recalls, involving more than 12.2 million toys, pieces of jewelry and other products intended for children."

TIA stated that toys were unfairly lumped together with other children’s products such as jewelry that may not be sold in toy stores. They cited only 26 toy recalls for excess lead, totaling just under a half million units.

In addition, the TIA heralded the success of its own safety initiatives. “The toy industry’s safety testing initiatives have really worked effectively in 2008,” Keithley wrote. We agree that the industry has done a lot to clean up its act, and there’s more work to be done.

The TIA and other organizations are rolling out toy-safety certification programs designed to ensure that toys are manufactured to meet safety standards and to communicate that certification through a mark that would appear on the toys. This is similar to the UL-listed mark that commonly appears on plug-in electrical products. Although not all the details have been worked out by the TIA, it appears that the program will offer a measure of safety assurance above and beyond what will be required by law. Consumers Union has been working with the TIA to ensure that the consumer viewpoint is represented and that the requirements are robust enough to restore the confidence of toy shoppers. We look forward to the program launching later this year—and to continuing our dialogue with the toy industry.—Don Mays

Dramatic increase in number of infant suffocation deaths may be attributed to bed sharing

The number of infant deaths attributed to accidental suffocation and strangulation in bed has quadrupled since 1984, according to a report released today by the Centers for Disease Control and published in the February issue of Pediatrics. Although the study did not pinpoint a cause, it suggested that the rise might be caused, in part, by the trend of parents sharing beds with their babies.

The study will no doubt contribute to the debate over bed-sharing, a practice that we have recommended against for some time. Bed-sharing is a bad idea because a parent could roll onto a baby when sleeping, or the baby could get trapped between the bed and a wall, headboard, bed frame, or other object. Babies can also suffocate in soft bedding or fall off the bed.

According to the study, between 1984 and 2004 infant mortality rates attributed to accidental suffocation and strangulation in bed increased from 2.8 to 12.5 deaths per 100,000 live births. Black infants were disproportionately affected (27.3 vs. 5.5 deaths per 100,000 births for blacks and whites, respectively) according to the study. Beds, cribs and couches were reported as places where deaths attributed to accidental suffocation and strangulation in bed occurred.

"The message for the public is that accidental suffocation and strangulation is potentially preventable by providing babies with a safe sleep environment," the CDC's Carrie K. Shapiro-Mendoza, who led the study, told the Washington Post.

To create a safe sleeping environment, remove everything from the crib but the baby. The safest crib is a bare one. While it's okay to share your room with the baby, sharing your bed is too risky as the new study suggests.