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What Every Product Safety What Every Product Safety Attorney Needs to KnowAttorney Needs to Know

District of Columbia Bar CLE

April 11, 2005

Edward Heiden

Heiden Associates, Inc.

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Major Topics CoveredMajor Topics Covered

Databases ( CPSC and other)Comparative RiskProduct Recalls and Recall EffectivenessCase Studies

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Data Bases Used by CPSCData Bases Used by CPSC

NEISS (National Electronic Injury Surveillance System)

In-Depth Investigations (IDIs)Injury and Potential Incidents FileDeath Certificate File (DTHS)NFIRS

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National Electronic Injury National Electronic Injury Surveillance System (NEISS)Surveillance System (NEISS)

Statistically-weighted sample of 100 hospital emergency rooms

National estimates of emergency room visits for injuries associated with (not caused) by consumer products/recreational activities

Available 1980-2005Major sample revisions in 1990,1997,1999

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In-Depth Investigations (INDP)In-Depth Investigations (INDP)

Non-statistical reports on investigations of incidents

Individual case reports – no national estimate

Details of injury, demographics, extended incident description

Primary and secondary product involved

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Injury and Potential Incidents Injury and Potential Incidents File (IPII)File (IPII)

News clips, complaints, MECAP reports, referrals

Non-statistical summaries New source of data: retailer reporting

(Walmart)

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Death Certificate File (DTHS)Death Certificate File (DTHS)

Info from medical examiners on fatalities related to consumer products

Overrated as a sourceAcknowledged to be incomplete

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NFIRSNFIRS

US Fire AdministrationNational network of participating fire

departmentsIndividual case records of fire incidents

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Other Data SourcesOther Data Sources

National Vital Statistics System (NVSS)Occupational injuries and illnesses (BLS)Fatality Analysis Reporting System (FARS)NHTSA recallsRecreational Boating

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Injury EstimatesInjury Estimates

Sample change effect in injury estimates Time-trend conclusions: sample

differences affect what conclusions can be drawn

Data analysisAmusement Rides

ATVs

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Comparative RiskComparative Risk

Sec 2 (b) of CPSA: “Purpose is to assist consumers in evaluating the comparative safety of products.”

ATV memo: adjust for use patterns to get more complete picture of “risk”.

Importance of exposure to hazardSome samples of comparative risk data

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Sample Consumer NoticeSample Consumer Notice

Not a “One-Notice Fits All”Identify program as a recallIncident and injury infoState defect and hazardToll-free number How to obtain remedyConvenience

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Ruger “Blackhawk” Recall Ruger “Blackhawk” Recall NoticeNotice

Not a recall – “ a unique new improvement”No incident or injury informationWhat is the defect ?Blames user for the problemNo toll-free numberConsumer has to pay shipping costs

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Easy-Bake Mixes Recall Easy-Bake Mixes Recall NoticeNotice

Found on Toys R Us websiteManufacturers remedy information states

“should not be used if they have allergies.”FDA release states “run the risk of serious

or life-threatening allergic reaction”

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Recall Effectiveness StudiesRecall Effectiveness Studies

1978 CPSC Study1980 CPSC StudyMurphy-Rubin Study “Determinants of

Recall Success Rates” (1983)Heiden Associates (2003)

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2003 CPSC Study on Recall 2003 CPSC Study on Recall EffectivenessEffectiveness

A large number of steps are required before compliance with recall notice

High degree of mobility of people and products

Overcoming “information overload”

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2003 CPSC Study on Recall 2003 CPSC Study on Recall EffectivenessEffectiveness

Role of color, lettering, signal words on levels of perceived risk

Inappropriate timingSelective screening and filteringRole of familiarity and experienceWhat specific action is required ?

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2003 CPSC Study on Recall 2003 CPSC Study on Recall EffectivenessEffectiveness

Memory deteriorationTraffic safety poster studyBalancing of risks involved with productRisk perceptions precede the receipt of

recall message Hazard probability

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2003 CPSC Study on Recall 2003 CPSC Study on Recall EffectivenessEffectiveness

Adults overestimate children’s abilities and underestimate risks to children in general

Acceptable riskConsumers highly sensitive to costs of

participating in recall

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Case Study: Ames True Case Study: Ames True Temper WheelbarrowTemper Wheelbarrow

647,000 units manufactured 1993-2000 Rims explode when tires inflated –severity Recalled April 2002 Response limitations:

In use average 4 years Small # incidents Inconvenience of checking (outside) Remedy: consumer has to request and install

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Case Study: Ames True Case Study: Ames True Temper WheelbarrowTemper Wheelbarrow

More durable notices – expand store posters to every retail outlet where sold. Publicize heavily at store level

Personalized letters to gardening magazines and gardening newspapers

Clickable banner ads Incentive Conclusion: Specialization increased returns

beyond expectations

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Case Study: All Terrain Case Study: All Terrain VehiclesVehicles

March 2005 Hearings on risks associated with ATVs by children under 16.

ATV injury and fatality risk stable on a per-vehicle in use basis.

ATV risks comparable to risks associated with other recreational activities – look at number of injuries per 100,000 participants

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Case Study: All Terrain Case Study: All Terrain Vehicles Vehicles

CPSC data shows 92% ATV accidents/fatalities involve at least one warned against behavior

Preliminary analysis suggests state laws can have a meaningful effect in reducing ATV injuries and fatalities involving children.