US, EU and China toy safety agreement needs long term commitment, says Eversheds

The news that officials from the EU, China and US have agreed to work together to harmonise safety standards for children's toys, should be welcomed, according to product liability experts at international law firm Eversheds.

The announcement also follows the release of the latest figures from RAPEX, the pan-European notification system, which allows member states and the European Commission to share information about dangerous products, which show that China remains the biggest source of imported consumer goods which trigger safety alerts across Europe.

In addition, pursuant to the recent Consumer Product Safety Improvement Act from 12 November 2008, all US companies manufacturing or importing consumer goods must sign a 'certificate of conformity', confirming their products comply with all relevant consumer safety laws.

Richard Matthews, head of product recall at Eversheds, comments:

"The Mattel recalls of summer 2007 - which centred on excessive amounts of lead paint and loose small parts - promoted a major review of consumer product safety regulations across the world, and since then major steps have been taken by the EU, US and China to govern safety, particularly in relation to children's toys. The signing of this agreement is a significant step forward.

"Since the spate of toy recalls last year, China has taken the issue of product safety seriously, and credit should be given where improvements have been made. The Chinese government revoked several manufacturers' licences and suspended production in many factories. China's State Council also implemented the 'Special Regulations Regarding the Supervision of Food and other Product Safety' in response to pressure from the European Commission and the United States Government following Mattel's initial recalls.

"There will also inevitably be a move to a greater harmonisation of product safety regulations, however this is very much a long term goal. In the meantime, it is important to improve product testing and ensure measures are in place to monitor compliance with new procedures such as laboratory testing for toys reflected in recent US legislation. Although the 'certificate of conformity' system in the US will increase the obligations and costs on US manufacturers and importers, it should help over time to reduce the frequency of major recalls. Practical steps can also be taken to improve border controls and policing methods currently in place.

"European importers need to carry out extensive due diligence on their suppliers, supported by periodic testing of the products that they sell and not just rely upon supplier's assurances that they are safe. This is the best way to avoid a future recall and damage to reputation", Matthews concludes.

Richard Matthews is head of product recall at international law firm Eversheds