When you start a business development conversation with a client, which question usually comes first? If it isn’t, “What do you have that’s cheap?,” isn’t it, “What’s new?”
My guess is that you have never replied to the latter with “diapers.” Well, now we’ve crossed that bridge, too.
Major League Baseball (MLB) has partnered with The Honest Company, makers of upscale designer diapers, as well as personal care products and household cleaners, to introduce the “Born a Fan” collection. Right now, diapers for six teams (Red Sox, Yankees, Cubs, Giants, Cardinals, and Dodgers) are available only at Target, but will be available on The Honest Company’s website directly starting next week. According to the company’s website, the team logos are imprinted on super-absorbent, hypoallergenic, plant-based, eco-friendly diapers.
Why do I mention this when you likely have not had a major diaper request?
Well, interest in product safety should come with EVERY product sourcing question. You may remember that The Honest Company was founded by actress Jessica Alba, and positions itself as having commitments to family, community, and environment. But, as mentioned in Adweek, it may also work to distance the brand from PR difficulties suffered last year. The Wall Street Journal outed Alba’s company for using the cleaning agent SLS, an irritating chemical in mainstream brands that Honest pledged it wouldn’t use. Honest issued a statement that the WSJ story included “factual inaccuracies and misleading statements,” but the company did reformulate its detergent last September. Adding to the PR tailspin, were also numerous complaints about its sunscreen, and the fact it voluntarily recalled its organic baby powder in January.
So, will the right Major League Baseball logo cause all this controversy and negative PR to fade from the collective consciousness of consumers? We’ll have to wait and see.
Let’s move on to phthalates (you’re not still pronouncing those first two letters, are you?). You likely know by now these chemicals are in a large number of consumer products that are also sold in our industry. Personal care products, plastic food wrap, plastic packaging, toys, and child care products are all on the list. That’s why the National Resources Defense Council, along with scientists and health professionals, published comments last month pushing the CPSC to do the right thing for public health protection by finalizing phthalates bans first suggested in 2015.
Many phthalates are endocrine-disrupting chemicals and are especially harmful if exposures occur during fetal development or early life. Phthalates have been shown to interrupt development of the reproductive organs, brain, and nervous system. In 2009, Congress banned six phthalates from use in toys and child care products. Three were banned permanently, and three were subject to an interim ban and flagged for further study. The Consumer Product Safety Improvement Act focused on “toys that can be placed in a child's mouth” or “child care article,” but we all need to remember that it doesn’t need to be a “children’s product” to deserve special scrutiny when sourcing. A “general use” product becomes “child appealing” with the simple decoration of a popular animated character.
Finally, as mentioned in this space last time, YETI is serious about defending its intellectual property. If you have sourced knock-offs for your clients, you may want to consider the potential repercussions. After settling with RTIC, YETI next targeted Walmart, then added suits against Axis Cups and Bayou Ice Boxes. Now, YETI has again moved its sights, this time focusing on Home Depot, and products carrying the Takeya brand. The lawsuit, filed in Texas against Home Depot, has familiar language. “Yeti has invested significant resources in the design, development, manufacture, advertising, and marketing of the Rambler drinkware. The designs and features of the Rambler drinkware have received widespread and unsolicited public attention.” Yeti accuses Home Depot and Takeya of trade dress infringement, trade dress dilution, unfair competition, misappropriation, and unjust enrichment.
While the suit does not specifically mention the distributor sourcing the “offending” products being sold at Home Depot, it does seek an injunction against further sales, a recall of products already sold, and destruction of all recalled products. Further, YETI seeks “an award of defendants’ profits, Yeti’s actual damages, enhanced damages, exemplary damages, costs, pre-judgment, and post-judgment interest and reasonable attorney fees.”
Based on YETI’s success on these lawsuits so far, how would you like to be the distributor and see the benefit from a large sale turned into a punitive problem?
Jeff Jacobs has been an expert in building brands and brand stewardship for more than 35 years, working in commercial television, Hollywood film and home video, publishing, and promotional brand merchandise. 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 recently retired as executive director of Quality Certification Alliance, the only non-profit dedicated to helping suppliers provide safe and compliant promotional products. Before that, he was director of brand merchandise for Michelin. As a recovering end-user client, he can’t help but continue to consult Fortune 500 consumer brands on promo product safety when asked. You can also find him working as a volunteer Guardian ad Litem, traveling the world with his lovely wife, or enjoying a cigar at his favorite local cigar shop. Follow Jeff on Twitter, or reach out to him at jacobs.jeffreyp@gmail.com.