What We Do at Marchica &
Deppa, LLC
Roy Deppa and Nick Marchica have over 60 years combined experience in consumer product safety. We provide product safety consulting services to manufacturers, importers, distributors and retailers as well as to law firms, trade associations and foreign governments.
We have broad experience in both the development and the enforcement of federal product safety regulations, in the development of voluntary standards, in analyzing and testing products, including diagnostic failure analysis, and especially in the policies and procedures (as well as the day-to-day operations) of the US Consumer Product Safety Commission.
Our expertise covers a wide variety of consumer products such as All-Terrain Vehicles, Outdoor Powered Equipment, Recreational Equipment, Tools, Household Products, Cigarette Lighters, and Electrical Appliances. At Marchica & Deppa, LLC, we have a systematic life cycle approach to product safety.
Product safety must be an integral part of a consumer product’s life, from its design and manufacture to consumer use and ultimate product end-of-life. We provide training in product safety design concepts and stress the importance of using failure modes and effects analysis. We present case studies that illustrate these concepts.
Sweeping new changes were made to the Consumer Product Safety Act and the operations of CPSC on August 14, 2008, when President Bush signed the Consumer Product Safety Improvement Act of 2008. Some 40 new regulatory initiatives result from this Act and they are overwhelming CPSC with the scope of the changes and the tight timetables for implementation. CPSC has been holding a series of public meetings to discuss interpretations of the Act and the resulting changes in the agency’s operations. Marchica & Deppa, LLC is tracking these events closely and can help you understand what is going on and what you must do to comply.
Marchica & Deppa, LLC, will work within your company to develop product safety programs. This will include the management tools needed to assure the manufacture and distribution of safe products as well as providing early warning systems to alert you of potential problems.
In addition, we provide product safety expertise to those organizations doing business with the U.S. Consumer Product Safety Commission (CPSC). We provide training describing the CPSC approach from data collection and analysis to product defect identification to preliminary determination of substantial product hazard. We also describe how CPSC works with firms to remove products from the marketplace and monitors the recall program.
Corporate Executive Overview
• Do you have a product safety program? If not, you need one. If so, have you done a corporate assessment of your program? A successful product safety program helps maximize profits.
• What strategies are needed to minimize costly product recalls, civil penalties and product liability lawsuits? If problems do occur, how will you even know there is a problem? Once the problem is identified, what does it mean? Now that you have identified the problem and analyzed it, what are you going to do about it?
• When do you inform the Federal government?
• We will work with you to develop a corporate action plan.
PowerPoint
Summary
Our
Product Safety Expertise
Product Safety Programs – Seminars
Our experience has shown that many organizations do not understand their obligations under the Consumer Product Safety Act. The seminars are intended to explain what needs to be done to “stay out of trouble” with the CPSC and provide a potential framework to address product safety issues that will minimize product liability exposure.
The seminars will explain the CPSC and its process for removing defective products from the marketplace. Case studies will be presented. Then we will discuss how an organization would create a systematic approach that considers safety in the design and manufacture of their products. We will include how to identify problems in the use of the product. Finally, we will explain how to create a mechanism for executive management to identify and address problems that may occur.
The need for this information has never been greater, as the Consumer Product Safety Improvement Act of 2008 has made significant changes to the way CPSC enforces product safety rules, and the penalties firms could face for failure to comply.
Product Life Cycle – Provide
Advice, Develop Strategies
Many companies are involved with expensive recalls of their products. Some of them pay significant civil penalties to the CPSC because they don’t have systems in place to identify product defects, bring them to the attention of management, and then develop programs to correct the defect. These same issues can result in significant losses due to product liability litigation against the companies. This service will be available directly to companies and to Washington counsel who represent companies.
We will develop tailored product safety programs for companies. This service will critique the company’s process (design, management of warranty claims, failure analysis and, corrective action plans). We will discuss the corporation’s philosophy with executive management. Line managers (e.g. engineering design, quality assurance and, customer service) will be interviewed. The flow of business (e.g. product development, marketing and, customer service) will be charted to identify strengths and weaknesses. A key aspect of this process is to have brainstorming sessions with department heads to develop an integrated approach to product safety. Then, executive management would be briefed on the approach. We would assist the company with the implementation, provide periodic reviews of the program (e.g. in six months or less) and troubleshoot as required.
Standards Development
The overwhelming majority of U.S. standards are developed through a voluntary consensus process. Those who drive this process represent companies and trade associations. We have developed and revised voluntary standards and are very familiar with the nuances required to successfully advocate the desired outcome. We would provide support to companies and trade associations, either by active participation in the process or through advice and guidance. In addition, due to the global economy, we see the potential for assisting and advising foreign countries with regard to the U.S. process as well as helping develop a standards system for their country.
Product Liability – Defense and Plaintiff Litigation
Support
We see a need for defense and plaintiff counsel to have product safety experts advise them on litigation strategy. We would collect and analyze hazard information to define the issues. Then, we would assist in the case planning and review, including the identification and preparation of expert witnesses.
Test and Evaluation – Advice and Guidance
We are acknowledged experts on All-Terrain Vehicles. We have conducted extensive performance tests on ATVs in the past, and we can provide advisory services to companies testing ATVs. Depending upon your needs and location, we may be able to test ATVs to the voluntary standard or to other requirements. We would be happy to discuss your needs.
The Consumer Product Safety Improvement Act of 2008
Dramatic changes have come to the Consumer Product Safety Commission with the August 14 passage of the Consumer Product Safety Improvement Act of 2008. Particularly noteworthy are the new requirements for children’s products and the new requirements that products must be certified for compliance with regulations.
Some highlights:
* Very low lead content limits for children’s products will be phased in over a three year period (from 600 ppm to 100 ppm) beginning February 2009.
* The previous lead paint limit of 600 ppm is reduced to 90 ppm as of August 2009; the previous lead paint ban has been extended to children through the age of 12.
* Certain phthalates are banned in children’s products and child care products as of February 2009.
* All children’s products must carry certification of compliance by an accredited third-party laboratory.
* All consumer products for which there is a CPSC regulation must carry a general conformity certification which may be a self-certification.
There are also sweeping new changes to CPSC’s enforcement powers and regulatory development procedures.
* CPSC can now move more quickly on rulemaking which may place pressure on CPSC staff to develop the necessary technical work and regulatory justification with limited input from the public.
* The public disclosure of information requirements provides procedures for releasing information quickly when it impacts public health and safety.
* CPSC is directed to establish a public consumer product safety database that is publicly available through the CPSC website. This may result in public release of confidential business information and provide public access to information without prior company review.
* Civil penalties for failure to report product defects have been substantially increased to $100,000 per product with a $15 Million cap.
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