Is tap water safer than bottled?

Score one for the green movement. For years as sales of bottled water climbed, environmental groups said it was likely less safe than tap water even without taking into consideration the impact on the enviroment. This week the government agreed. A study released by the General Accounting Office said that bottled water undergoes less scrutiny than tap water, which must meet a tougher safety standard. The GAO study found that the regulation of bottled water (under the Food and Drug Administration's Food, Drug, and Cosmetic Act) is less strict than the Environmental Protection Agency's regulation of tap water (under the Safe Drinking Water Act).

This news came during a House subcommittee hearing in which John Stephenson of the GAO told the House panel that when it comes to water, the FDA lacks the regulatory authority of the EPA.

In fact, bottled water makers are not required to disclose even as much information as your local municipality. If you live in a city of 10,000 residents or more, you probably receive a copy of a water report each year. The Safe Drinking Water Act requires that public water systems test tap water for various contaminants using certified laboratories and issue a water-quality report, called the consumer-confidence report (CCR), once a year.  (For particularly toxic contaminants, the SDWA requires results to be reported within 24 hours.)  The CCR summarizes local drinking water quality, information about the water source, levels of detected contaminants, whether any of the detected contaminants exceed federal levels, as well as information on the potential health effects of certain contaminants. (If you live in a smaller town, consult the EPA's Web site.)

In contrast, bottled water manufacturers don't have to use certified laboratories nor report the results of any water quality testing to the FDA, even if the contaminants exceed federal standards. The GAO study also found that only a small percentage of the 83 bottled water labels looked at, companies contacted, or company Web sites reviewed contained information comparable to that required of tap water.

In addition, SDWA has set standards for acceptable levels of the plasticizer DEHP (a chemical widely used in the manufacture of polyvinyl chloride plastics), which is an endocrine-disrupting compound banned in children's products.  The FDA, on the other hand, still has not set a standard for DEHP in bottled water.

In 2000, when Consumer Reports last tested bottled water, we found it to be safe when it met FDA standards.  There were some disturbing findings, however.  Eight of 10 five-gallon polycarbonate jugs we tested left residues of BPA, another endocrine disrupting chemical that we think should be banned from use in children's products, as some states have done.  All tested bottled water brands met the then-current EPA and FDA arsenic standard of 50 parts per billion (ppb), but two exceeded the EPA's new 10 ppb standard, effective in 2006.  We also reviewed 25 CCR reports and found that 22 of them reported some contaminants such as lead, chlorine and E. coli.  Indeed, some water samples from Boston had lead levels 45 times higher than the federal limit.

The bottom line is that bottled water is not necessarily safer than tap water.  We think that FDA should:

• Have bottled water standards as strict as the EPA's tap water standards;
• Require bottled water companies to provide the same information to consumers as required for drinking water; and
• Set a standard for DEHP.

In the meantime, we recommend that consumers get a copy of their local CCR to see what the water quality issues are in their area. (How to decipher the report.)   If you want to test your own tap water, try calling the EPA's Safe Drinking Water Hotline (800-426-4791) for the names of state-certified testing labs or for your local health authority, which might offer low- or no-cost test kits, or check the EPA's Web site for listings. 

Also testifying at the hearing was the president and CEO of the International Bottled Water Association who said that its code of practice for bottled water had testing and monitoring levels that exceeded FDA requirements. The IBWA followed up with a press release saying it was willing to work with the FDA to address the issues contained in the GAO report.  After the hearing, the House subcommittee sent letters to 13 bottled water companies requesting documents related to testing of bottled water and its sources, as well as lists of the names and locations of each company's water sources.-- Michael Hansen, Ph.D.

Homeowners seek remedy as probe of Chinese drywall continues

As if the problems with Chinese drywall weren't bad enough, two fires are being investigated by the Consumer Product Safety Commission and the Florida State Fire Marshal's Office to see if toxic drywall contributed to the blazes. It's not too far-fetched given the reports of corroded electrical wiring, air conditioner coils, and other appliances and electronics degraded by the drywall.

The Los Angeles Times reported this week that some experts believe the problematic drywall was made using a radioactive phosphorus substance—phosphogypsum—that is banned for construction use in the U.S. but has been used by Chinese manufacturers for almost a decade.

Copies of Chinese customs reports obtained by The Times indicate that drywall made with phosphogypsum was shipped to the U.S. in 2006 by at least four Chinese-based manufacturers and trading firms. "The health risk of phosphogypsum is uncertain," the newspaper reported. "But industry specialists say they are troubled by its widespread use and the possibility it was exported."

Also this week, the CPSC responded to four senators who last month asked the agency to "expedite its investigation and testing" of the drywall. In its status report, the CPSC said it was working with the Environmental Protection Agency, the Centers for Disease Control and Prevention, and other agencies to "coordinate a federal action plan." This involves collecting samples of drywall and degraded electrical components, taking air samples in affected homes, and formulating health advice for residents.

The CPSC says it has received more than 608 incident reports from 21 states and the District of Columbia with most coming from Florida, Louisiana, and Virginia.

In an earlier analysis comparing some samples of imported drywall with its American-made counterpart, the EPA discovered:

• Sulfur was detected in all of the Chinese drywall samples, but in none of the four U.S.-manufactured drywall samples.
• Significant levels of strontium were detected in the Chinese drywall samples. Strontium was also detected in the U.S.-made samples, but at much lower levels.
• Two organic compounds associated with acrylic paints were found in the Chinese drywall samples, but not in the U.S.-made samples.

What's next?
Lawsuits filed by homeowners around the country against home builders, suppliers, and manufacturers have been transferred to federal court in New Orleans; Louisiana is one of the hardest hit states.

But reaching a settlement could take some time, leaving homeowners with little recourse for now. Unfortunately, it seems the only sure way to rid a home of problems is to tear out the Chinese drywall and replace it—a very expensive and involved process.

Our Take:  While the finger pointing as well as the CPSC, CDC and EPA investigations continue, affected consumers should be extra vigilant in monitoring potential health effects as well as electrical safety hazards that might occur from yet another tainted product from China.

White House brings stronger food safety measures to the table

The White House today announced new food safety measures aimed at reducing salmonella and E. coli outbreaks, plus the creation of a new FDA deputy commissioner position to increase coordination of federal food safety activities.

“These new measures represent real progress towards improving the safety of food in the U.S.," said Jean Halloran, the director of Consumers Union’s food safety campaign. "The creation of this new position means that, for the first time, there is a ‘go to’ person at the FDA whose sole responsibility is keeping food safe."

President Obama is traveling so it was left to Vice-President Biden to announce the findings of the  Food Safety Working Group, which was formed in March. Among the key actions the administration is taking to improve food safety are:

• Developing guidance for industry on "traceback" so that contaminated food is quickly identified and removed from shelves and so that people hear about problems faster;
• Instituting a new salmonella rule to prevent contamination in the egg industry;
• Issuing new FDA guidance to prevent E. coli O157:H7 contamination of leafy greens, melons and tomatoes; and
• Implementing more thorough inspections to prevent E. coli and other pathogens at facilities that handle beef.

Biden also called on Congress to empower the FDA with mandatory recall authority so the agency can stop contaminated food from spreading in the food supply.

"We are pleased to see the issuance of the FDA egg safety rule, which languished for years during the previous administration without becoming final," Halloran said. "We also support the Administration's plan to develop traceability systems, so the FDA can more quickly find the source of contaminated products. But guidance, while useful, is voluntary, so we hope the FDA will move quickly to issue binding regulations in these areas as well.”

Halloran added, “We urge lawmakers to move promptly to pass the Food Safety Enhancement Act of 2009.  This is a good piece of legislation."

CPSC fines nine companies $530,000 for lead violations

Nine children’s product manufacturers, importers and sellers have agreed to pay $530,000 in civil penalties for violating the federal lead paint ban, the Consumer Product Safety Commission announced today. The penalties settle allegations that the firms knowingly manufactured, imported or sold toys and other children’s articles with paint or other surface coatings that contained lead levels in violation of federal law.

The nine companies were responsible for 13 recalls of 6 million items in 2007 and 2008 including toys, children’s metal jewelry, children’s pens, metal water bottles, pencil pouches, sunglasses and children’s Halloween pails and baskets. Following is a list of the companies, their fines and the associated recalls.

Cardinal Distributing Co. Inc., of Baltimore, Md., $100,000

• 900,000 children's charm bracelets and 'Sportswear' necklaces

Dollar General Corp., of Goodlettsville, Tenn., $100,000

• 63,000 Frankenstein tumblers
• 380,000 pull-back action toy cars
• 51,000 children's fashion sunglasses

Family Dollar Stores Inc., of Matthews, N.C., $75,000

• 142,000 purple Halloween pails with witch decorations

Hobby Lobby Stores Inc. of Oklahoma City, Okla., $50,000

• 10,000 Halloween-themed baskets
• 13,000 camouflage eggs and spinning egg top toys

First Learning Company Ltd., of Hong Kong, $50,000

• 11,400 soldier bear toys
• 15,000 toy wooden blocks and train sets

Michaels Stores Inc., of Irving, Texas, $45,000

• 310,000 seasonal-themed writing pens

A&A Global Industries Inc., of Cockeysville, Md., $40,000

• 4 million children's 'Groovy Grabber' bracelets

Raymond Geddes & Co, of Baltimore, Md., $40,000

• 84,200 children's pencil pouches

Downeast Concepts Inc., of Yarmouth, Maine, $30,000

• 18,000 painted metal water bottles

Our take:  We are glad to see the CPSC finally flexing its muscle and fining companies that violate the law while putting children at risk.  Although the fines seem paltry, penalties such as these can act as a deterrent to future wrong-doing by flagrant violators.  

Inez Tenenbaum takes over at the CPSC

As far as we know, Inez Tenenbaum's first day on the job as chairman of the Consumer Product Safety Commission was quiet. Tomorrow will be a different story. In fact, it will be explosive.

In her first public appearance in her new role, Tenenbaum will oversee the agency's 10 A.M. event on fireworks safety. Part of the program includes demonstrating fireworks hazards on the National Mall.

As Tenenbaum starts to tackle the tough issues facing her agency—clarifying the Consumer Product Safety Inprovement Act and seeking relief for homeowners with toxic Chinese drywall—there may be more colorful displays to come.

CPSC fines OKK Trading $665,000 for child safety infractions

A California company has been fined $665,000 for failing to comply with a 30-year ban on lead paint on toys and violating other federal child safety standards, according to the Consumer Product Safety Commission.

The penalty settlement with OKK Trading of Commerce, CA resolves allegations by the CPSC that the company knowingly imported and sold toys with paints that contained lead levels that exceeded legal limits as well as toys with small parts. The penalty also resolves allegations that the company knowingly imported and sold toys, games, rattles, pacifiers and art materials that violated the Federal Hazardous Substances Act.

Because of the safety infractions, OKK Trading has been required to make six recalls over the past two years— totaling almost 18,000 items—including the following:

• March 2009: 2,900 Baby Necessities pacifiers (choking hazard)
• Dec. 2008: 5,400 toy army figures (lead paint)
• Nov. 2008: 2,100 'Mini-Televisor' toys (lead paint)
• April 2008: 2,000 Interchange Robot toys (lead paint)
• Jan. 2008: 2,000 toy racing cars (lead paint)
• April 2007: 3,500 'Lovely Baby' and 'Happy Baby' dolls (choking hazard)

According to the CPSC, OKK Trading hasn't received any reports of incidents or injuries involving the products covered by the settlement and the company denies the CPSC's allegations that it knowingly violated the law.

Earlier this month, Mattel and its subsidiary, Fisher-Price, agreed to pay a $2.3 million civil penalty—the largest of its kind—for violating the federal lead paint ban.

Recalls risky for tag sale buyers and sellers

A new sense of thrift is on the rise as house prices and bank balances fall. It seems to have prompted people to cash in their unwanted stuff. So it’s no surprise that, anecdotally anyway, there seem to be more garage, tag and stoop sales than ever.

Good for thrifty consumers on both sides of the cash box, you might say. True, but one caution for sellers: The same law that bars manufacturers from peddling a million lead-tainted toys applies to the tag-sale host selling just one. And it’s now illegal to sell any product that has been recalled.

The Consumer Product Safety Commission, which is in charge of enforcing the new safety law, (Consumer Product Safety Improvement Act) is offering buyers and sellers some guidance in the form of an illustrated booklet they can download.

Among the items that you cannot sell:

• Toys and other articles  intended  for  use  by  children, or any  furniture,  with  paint  or  other  surface  coatings  containing  lead  over  specified  amounts. 
• Products primarily intended for children age 12 or younger with lead content over a specific amount.
• Certain toys or child-care articles that contain any one of six prohibited chemicals known as phthalates.

The CPSC won’t be patrolling garage sales; a sense of responsibility should keep consumers from knowingly selling an item that could hurt someone, especially a child. So before you slap price stickers on the stash in your basement, check www.recalls.gov.

And if you’re shopping, we caution you not to buy a used crib, particularly one with drop sides or made before 1999. Also steer clear of car seats, play yards and any kids’ clothing with drawstrings.

Inez Tenenbaum confirmed as chair of CPSC

Inez Tenenbaum, President Obama's choice to lead the Consumer Product Safety Commission, was confirmed by a voice vote in the Senate late Friday. The vote came just three days after Tenenbaum's confirmation hearing -- an unusually speedy nod of approval.

“I will ensure that the Commission is operated in an open, transparent, and collaborative way and in a manner worthy of the American people. As the new Chairman, I will reassure America's families that their government can and will protect them from unknown or unforeseen dangers in the products they use,” Tenenbaum told the Senate Commerce, Science, and Transportation Committee in her prepared remarks.

Some of Tenenbaum's priorities will be dealing with the Chinese drywall problem that is plaguing homeowners in several states, particularly Florida and Louisiana, and issuing clear guidance on implementation of the Consumer Product Safety Improvement Act.

Confirmation hearing goes smoothly for CPSC nominee

The Senate commerce committee today fast tracked the nomination of Inez Tenenbaum to lead the beleaguered Consumer Product Safety Commission, according to the staff of the Product Safety Letter. Sen. Mark Pryor (D-Ark.), who chaired the hearing asked for senators’ questions by the end of the day rather than the usual time frame of a few weeks. (View the Web cast.)

During the hearing, Tenenbaum was asked about two of the biggest issues the agency is confronting: Implementation of the Consumer Product Safety Improvement Act and Chinese dry wall. Tenenbaum said she believes the key to clearing up much of the confusion about the CPSIA is to clarify the law and issue guidance. She also expressed a desire to apply “common sense” to the law, a phrase picked up and repeated numerous times by senators of both parties, according to the PSL team.

"If confirmed, I will make the implementation of the Consumer Product Safety Improvement Act of 2008 my highest priority," she said in her prepared remarks. "I pledge to regularly inform this committee and Congress about our progress, and to work with you in an effort to meet the statutory deadlines and avoid unnecessary delays."

Tenenbaum served as South Carolina's State Superintendent of Education from 1998 to 2007, later becoming special counsel to the McNair Law Firm in the area of public school finance. In 2004, Tenenbaum ran as the Democratic candidate for the Senate seat of retiring Democrat Fritz Hollings, losing to Republican Jim DeMint. Previously she practiced health, environmental, and public-interest law with the firm Sinkler & Boyd.

"I believe that my work as a child advocate, an educator, an environmental lawyer, and a public servant has prepared me well to chair the Consumer Product Safety Commission," she said. "And I am well aware that I would assume the chairmanship of an agency that is faced with challenges."

Tenenbaum appears to face little opposition.

House subcommittee gives food safety bill a vote of support

A food safety bill currently wending its way through Congress was approved today by the Health Subcommittee of the House Energy and Commerce Committee.

Under the version approved by a voice vote, food processing facilities would each be assessed a $500 per year registration fee to help provide resources to the Food and Drug Administration. The committee's leaders had originally proposed a fee of $1,000 per facility but agreed to cut that in half.

California Democrat Henry Waxman, the committee’s chairman, called the fee a “critical breakthrough,” according to the Des Moines Register. The money “will provide FDA with a much-needed infusion of resources to keep the food supply safe,” Waxman said.

The food safety measure calls for a number of other improvements including—for the first time—giving the FDA the power to recall food, and a requirement for regular inspections of food-making facilities. Consumers Union has long advocated for such actions as Ami Gadhia, policy counsel, told Joanne Silberner on NPR today. "We would like to see more frequent inspections of the facilities that make our food," Gadhia said. "We would like to see more funds for FDA to do these inspections."

The Senate is considering similar legislation.