You may recall the tagline associated with the movie “Jaws”: “just when you thought it was safe to go back into the water….” Along with “We’re gonna need a bigger boat…,” there’s no doubt people have been quoting the movie that has ruined summers at the beach since 1975.
When it comes to consumer products, there are some that you wouldn’t give a second thought to about their safety--like a humidifier, or cotton swabs, or a rubber spatula. Turns out, when it comes to safety, it really depends on how you use them. For example, if not cleaned and dried properly, your home humidifier can grow mold spores that are spewed everywhere in the room the next time it’s turned on. And just like your mom taught you, cotton swabs are tricky. Using them improperly can force wax farther in, or puncture the ear drum when pushed past the ear canal. And that rubber spatula, if washed with the handle left on, can actually be dangerous. The independent NSF International organization crowned the lowly spatula the “second-germiest” kitchen item due to E.coli, yeast and mold trapped in with the handle not removed. (The rubber gasket of your blender was third, the water dispenser on your refrigerator the “most-germiest”). Now that I’ve completely grossed you out, let’s talk about promotional products.
For promotional items, I can’t think of anything used more casually than a pen. As a distributor, you source it, decorate it and, unless it leaks in a shirt product, it doesn’t get another thought. Not so fast, says Joe Cade, vice president and general counsel for BIC Norwood, who has also recently been named chair of the Quality Certification Alliance’s Compliance Committee. “Pens that have caps should have ventilation holes in them, and pens with end plugs should have them securely installed. Either one could become a choking hazard, so a quick check for sharp points and edges is also appropriate. As for regulatory compliance, all pens are subject to Prop 65 chemical limits. Grips can contain lead and/or phthalates. Painted barrels can contain lead in the paint. Lead may also be found in metal components. Recently, OEHHA, the Prop 65 governing body, listed ethylene glycol (anti-freeze) as a restricted chemical, and it can be found in some inks used in pen cartridges. OEHHA is also considering listing nickel as a restricted chemical, and it’s found in some metal components of pens. Because pens have long term skin contact and are inexpensive to buy, they are ripe for Prop 65 private enforcers to pursue for lawsuits.”
With much (OKAY, TOO MUCH) of the promotional products industry driven by price, if there was ever an example of a commodity item, it would be pens. So, how does BIC differentiate their products with distributors? Cade says the distributor’s interests run the gamut. “They may include: (1) product compliance, (2) made or assembled in the USA, (3) long-lasting ink, (4) versatile decorating methods and locations, (5) over 600 color combinations, (6) Easy Glide System® ink, (7) 24 hour Service, or (8) design.” Cade shared that they regularly conduct user surveys, which indicate that customers most often ask for BIC pens because they know that they can rely upon the overall quality of the product.
I couldn’t resist asking Cade what the strangest product feature BIC had been asked about. “Someone once asked if one of our pens was TSA compliant. We gave him the green light.”
Turning to the issue of compliance in general, I asked Cade what he considered to be the biggest threat to promotional products suppliers, both QCA-accredited and those that aren’t. Turns out, the answer is the same, Prop 65. “California (OEHHA) continues to add chemicals to the Prop 65 list such as TDCPP (flame retardant in polyurethane foam), ethylene glycol (as mentioned before), aloe vera, non-decolorized whole leaf extract (lotions), and bisphenol-A (BPA). In addition, styrene (found in Styrofoam cups and packing peanuts), nickel (found in metal components), Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonate (PFOS) used in water repellants, and n-Hexane (used in adhesives, especially to manufacture leather goods).
Doing business in California is already tough for promotional products distributors and their compliance professionals, and is not going to get any easier. “OEHHA will begin requesting next month that companies using Prop 65 warnings provide extensive information about their products, such as the name and contact information of the person and company responding, the name of the listed chemical in the product and its concentration, location on the product, and the routes and levels of exposure.” Cade continued “the anticipated enforcement date of this new warning requirement is two years out, but early preparation will be important.”
How are you handling your labeling requirements now? Are your customers asking for more information? If they aren’t, they will be, and early preparation is a good idea.
Jeff Jacobs has been an expert in building brands and brand stewardship for more than 30 years. He’s a staunch advocate of consumer product safety and has a deep passion and belief regarding the issues surrounding compliance and corporate social responsibility. He is the executive director of Quality Certification Alliance, the industry’s only non-profit dedicated to helping suppliers provide safe and compliant products. When he's not working, you can find him traveling the world with his lovely wife, working as a volunteer Guardian ad Litem, or sometimes even enjoying a cigar at his favorite local cigar shop. Follow Jeff on Twitter, or reach out to him at jeff@qcalliance.org.