unsafe imports, risk management, Halloween

Confiscated imports and delayed deliveries. These are some of the nightmares that keep importers and supply chain professionals awake at night. 

Fall has always been one of my favorite times of the year: crisp evenings by the fireside, the changing leaves, and as we move towards the end of October, Halloween. As a kid, the combination of the uncanny and candy made Halloween irresistible. 

Even today, I get a kick out of decorating my porch and making it the scariest in the neighborhood. Of course that does mean some trick-or-treaters skip my door altogether. More chocolate for me!

Halloween heebie jeebies are fun because there is no real risk involved. Zombies, vampires and ghouls are not real. And while chainsaw wielding maniacs might be a staple of horror films, they are unlikely to come trick-or-treating (at least, not in my part of Texas). 

Unfortunately there are some very real Halloween dangers for consumers and importers — unsafe Halloween items. Luckily, in the US, we have Customs and Border Protection keeping watch.

Unsafe Levels of Lead

Ask an importer, and they might say that dealing with CBP and the myriad of import management regulations is itself a nightmare. Between licensing requirements, advance shipment notifications, classification, and many, many other global trade rules, import and export management can seem like a horror movie.

But one of CBP’s most critical duties is guarding US citizens from unsafe imports.

Here are a few examples. In 2012, Customs officers examined a shipment of children’s Halloween pirate costumes from China. A lab analysis found that the buttons on the costumes were in violation of the Federal Hazardous Substances Act. 

These buttons contained 1,109 parts per million of lead. That is more than 11 times the acceptable level. As a result, the $10,000 worth of costumes were promptly confiscated and destroyed.

Candy and face paint may not be as harmless as you would think. Examinations of imported shipments of candy found unsafe levels of lead. Lead can get into candy when processes such as drying, storing and grinding the ingredients are improperly done. Lead can also leach in candy from the printing ink on labels.

In addition, CBP monitors imports of face paint for unsafe levels of lead, as well as nickel, cobalt and chromium. All of these can potentially cause lifelong skin sensitivities, such as contact dermatitis.

Dangerous Decorative Contact Lenses

Another terrifying example is decorative contact lenses. Many of these are illegally imported to circumvent federal safety regulations. Contact lenses are considered a medical device. Therefore, the US Food and Drug Administration regulates them. Contact lenses can’t be sold without a prescription from an ophthalmologist, optometrist or specially licensed optician. 

Lenses that aren’t FDA-approved also may use colored dyes that can be harmful to the cornea, or be carrying harmful bacteria. Corneal scratches and ulcers, conjunctivitis, and even blindness have resulted from using these.

Unsafe Costumes and Toys

Unsafe imports are not unique to the US. In 2018, authorities in Ireland confiscated over 700 Halloween items. The seized items included toys, props and costumes. 

The Competition and Consumer Protection Commission (CCPC) along with officials from Revenue and Customs stopped two shipments at the Dublin Port. 

The products did not meet EU safety standards and were destroyed. Costumes that do not carry the European CE safety label may be flammable. This is a particular worry considering the popularity of Halloween bonfires in Ireland. 

The Importance of Due Diligence

All these examples stress the same thing: the importance of importer due diligence. Many Halloween items are disposable and low value, but that doesn’t mean you should source from the cheapest supplier. You must ensure that your suppliers’ products comply with safety standards as well as labor practices, ethics and environmental policies.

Unsafe products can cause lasting harm to consumers. That in itself should be enough of a reason to ensure your imports are compliant with safety standards. Furthermore, confiscated products can result in a financial loss to traders and damaged reputations.

Wm. Gerald "Jerry" Peck joined QAD in 2017 and serves as Vice President, Product Strategy. With a background in regulatory trade compliance, Jerry has leveraged his knowledge of building smart and efficient trade compliance programs into a key component of Global Trade Management ("GTM") -- a holistic approach of managing the entire end-to-end international supply-chain. Jerry is also a Licensed Customs Broker, with more than 30 years’ experience working in product classification — mostly within the corporate global trade operations of Fortune 300 multinationals.

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