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To Protect And Defend
By: Steve Slagle, CAE
Issue: 2008jun

Some of you may think you’ve heard enough already about the issue of product safety. Others of you may have heard nothing, and many are actively working to become educated about how our industry and our clients can protect themselves from unsafe products.

PPAI has developed a wealth of information to help our members sort out their options. At the risk of being repetitive, I want to again lead you to the resources we’ve gathered and urge you to become more knowledgeable about the issue. It’s important. It’s critical. And the survival of your business may depend on how well educated you are about the implications.

Very simply, go to www.ppai.org/member/productsafety.aspx and you’ll discover much of the information you need to understand the issues surrounding Prop 65 and product safety in general. You’ll find FAQs, extensive handbooks, PowerPoint presentations and more. Please begin your research and find out how your company may be impacted.

A topic that isn’t so simple, however, deals with the steps anyone might take to obtain immediate protection from selling or distributing unsafe products, unknowingly and unintentionally. Included in the Guide To Managing Responsibility For Product Safety, Social and Environmental Standards In The Promotional Products Industry, which you’ll find as a PDF free to members, is a section beginning on page 46 about protections afforded you by the law, insurance and contracts. There’s some pretty clear choices outlined in this section, although some of them provide limited protection or require the cooperation of others.

As we’ve journeyed down the road to product safety and responsibility, we’ve discovered that most of the answers aren’t easy, clear or simple. Anyone who wants the CliffsNotes or flashcard version of what to do will be a little frustrated. The quick one-two-three solution hasn’t revealed itself yet, if one rejects the idea of leaving the industry and doing something else for a living. So, as you’re working your way through such terms as indemnification, hold harmless, defend, waivers, releases from liability, warranties and representations, just remember that if it were easy work, anyone could do it.

PPAI isn’t recommending one form of protection over another. We can’t. One size doesn’t fit all, and what might work extremely well for a supplier member might just be a problem for a distributor. And, let’s not forget end buyers. They’re looking for protection, too, and they want to require any and all parts of the supply chain to protect their interests if they are going to continue purchasing promotional products.

The information and call for action above isn’t intended to suggest the sky is falling. But don’t be lulled into thinking that just because your business hasn’t been affected yet that you’re immune. As I finish writing this column in mid-April, I’m poised to travel to Hong Kong and China for several days to meet with several organizations that may offer PPAI, our members and the industry some solutions. Not cures, not fixes and not guarantees. Just some incremental ways we can all gain a little more protection and get a little closer to safety. I’ll let you know what I learn.



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