Recall Roundup: October | Hunton Retail Law Resource
The CPSC took proactive steps in October to address recent concerns about infant sleep products that pose choking hazards and could lead to Sudden Infant Death Syndrome (SID). This month, the agency made a rare proposal for a mandatory consumer product safety standard to address the risks associated with crib mattresses. The safety standard would […]

The CPSC took proactive steps in October to address recent concerns about infant sleep products that pose choking hazards and could lead to Sudden Infant Death Syndrome (SID). This month, the agency made a rare proposal for a mandatory consumer product safety standard to address the risks associated with crib mattresses. The safety standard would incorporate by reference the voluntary standard ASTM F2933-19 (Standard Consumer Safety Specification for Crib Matresses) with modifications to make the standard even more stringent. These modifications include increased performance testing of the product to cover the firmness of the crib mattress, coil spring issues and face in-mattress scenarios. The new rule would also update warning labels, instructions and product packaging to remove unnecessary words and stress the importance of placing infants on their backs for sleep. For example, the proposal compares the warning label of the voluntary standard to the warning label of the proposed mandatory standard:

Also this month, the CPSC published a Warning consumers that pillow-like infant products, such as nursing pillows and resting cushions, are not safe for infant sleep. Preliminary reports have shown that infants left on these products rolled or rolled, leading to suffocation. The agency announced that it is launching an investigation to determine the risks associated with these products. No specific branded product was identified in the warning.

Lawyers for the insurance coverage practice of Hunton Andrews Kurth LLP provide an update on a recent insurance dispute related to food contamination:

In Travelers Casualty Insurance Co. of America v Mediterranean Grill & Kabob, Inc. (WD Tex. 4 Nov 2020), a federal judge in Texas granted the request of an insurer Seeking to treat 124 separate cases of food poisoning as a single "occurrence" under a general liability policy, as all cases arose out of the restaurant's allegedly contaminated food. Over a one-month period in 2018, nearly 200 cases of salmonella food poisoning were reported after customers ate at Pasha's Mediterranean restaurant in San Antonio, Texas. The illnesses led to seven separate lawsuits alleging the restaurant was negligent in the manufacturing and preparation of its food, which resulted in food poisoning. The restaurant has requested coverage from its insurer, Travelers, under a policy with a "per event" limit of coverage of $ 1 million and an "aggregate" limit of $ 2 million.

The Travelers accepted the claims and began making payment to resolve the lawsuits, but when his offer to settle the remaining claims for the remainder of the $ 1 million per event limit was rejected, the Travelers filed a lawsuit. in court to try to limit his total exposure to $ 1 million. for a single "occurrence". In opposition, the restaurant argued that the food poisoning had resulted in multiple "occurrences" because the parties were not sure which products were contaminated and that the salmonella poisoning appears to have more than one cause.

The court disagreed with the restaurant, ruling that only one "cause" - the allegedly contaminated food - gave rise to the restaurant's liability for the lawsuits, which meant there was only one event. The court also relied on previous decisions finding that a restaurant's "continuous preparation of contaminated food" warrants a single event, even though the exact source of the contamination is unknown. Because an additional finding to determine how the food was contaminated would not change that analysis, the court dismissed the restaurant's request to postpone the resolution of the motion until further discoveries took place.

The only problem of "occurrence" in Mediterranean grill was important because travelers would have had to pay over $ 1.5 million if food poisoning cases had been counted as 124 separate "occurrences". Similar issues, such as the number of deductibles or withholdings applicable based on the number of "claims", can arise in various coverage disputes related to contamination or recall. Policyholders evaluating possible coverage for these types of exposure should carefully consider the key insurance provisions related to “per occurrence” or “per claim” limits to understand how they may impact total recovery under a claim. police in the event of recall or contamination.

Total recalls: 17

Dangers: Violation of Federal Standard (3); Fire / Burn / Shock (3); Laceration (3); Collapse (2); Injury (2); Autumn (2); Carbon monoxide (1); Impact (1)


Are you a retailer ( or retail sales associate ) who’s struggling with how to approach shoppers ? Worried that you lack the magic touch, or that you’ll come off as an annoying salesperson ? Would you rather be awkwardly staring at your store’s point of sale software screen than actually talking to the customer in front of you ?

You should keep reading because, after years of being one of the strongest sellers at my store, I can garantit you : anyone can sell. That’s not to say it’s not going to take a lot of practice. But over the years, I’ve found that a customer will tell you verbally and/or physically how to sell to them. If you’re listening properly and looking for the right cues, you can always tell if a customer is interested in what you have to say, what approach to take with them, and what exactly they’re looking for.

Check out the tips below, put them into activation, and you should find yourself successfully closing sales : Practice Active ListeningActive listening isn’t just about standing in front a customer silently. There are a few important things you should be doing to engage in this practice :

The most important part of active listening is to not form a response while the customer is speaking. This is really hard to do, and is going to take a lot of practice. It’s very natural to latch on to one part of a comment and form a response to it, and then shut out the rest of the comment. tera become a good listener, a sales person must resist doing this. Active listening should engage your whole body. Things like nodding and having an open stance show the customer that you are listening to what they have to say. Once it’s time for you to speak, give the customer a quick summary of what they said. This has a few purposes. First, it allows you to come up with a response post-comment without things being awkwardly silent. Second, showing the customer that you heard everything they had to say will often open them up to providing you with more information than they initially supplied.

Practicing réactive listening means that you are fully engaged with learning what the customer wants. This engagement makes a huge difference. Not only will you understand what the customer wants in a deeper way, but you also gain their trust easier.

Next : Pay Attention to Body LanguageAlong with active listening, you should be practicing ‘active looking. ’ ( Yes, I just made that term up. ) People will betray a lot of what they’re thinking in the things that they do with their body. A lot of body language experts will tell you some odd things to look for, like watching if someone scratches their nose, but I don’t think that level of depth is necessary. In fact, I think that if you’re watching for a customer to scratch their nose, you’re probably not practicing active listening.

However, there is still plenty of body language you should be paying attention to while you’re actively listening. Let me give you a short list of tells you can easily pick up on during a conversation with a customer. 1. Eye ContactWhere a person’s eyes are looking is one of the easiest ways to tell what they’re focusing on. If the customer is looking at you, or the products you’re working with, that’s a good sign. It means they’re engaged with you and are interested in what you have to say and sell.

If they’re looking around, at someone else, out the door… anywhere that’s not where you are – that’s not a great sign. Usually if this is the case you should say something like, “Let me know if you need anything else, ” and let them do their own thing. No eye contact doesn’t mean you won’t be able to close the sale – but it could spell trouble if you don’t pay attention.

Hands/ArmsAnother important thing to pay attention to is what people do with their hands and arms. Typically, if someone’s arms are crossed, they are uncomfortable and probably not interested in what you have to say. You should tread gently : let this customer know you are there to help. If you’re talking with a customer who is clearly shy and uncomfortable with talking to you, I recommend acting in a more reserved manner and avoiding things like answering questions the customer has yet to ask. In addition, because this forme reflects a closed off mind, I mostly suggest avoiding suggestive selling. Suggestive selling does not work well on someone who is not interested.

Open arms and palms facing towards you, however, are an excellent sign. If your customer has taken this sort of position in your conversation, you’re doing well. In fact, I would definitely recommend going for it with suggestive selling. ( Of course, make sure you’re showing them items that are actually related to what they want, not just some pre-placed item that your directeur wants to get rid of. )

Facial Expression—Particularly the Curve of Their MouthLastly, you should be paying attention to the locutions you customer is making. This seems like a no-brainer, but it’s important to pay close attention to your customer’s facial expressions. Even if a customer is pulling a straight face at you, most people’s mouths are fairly expressive in small ways. Often, the corners of the mouth will be curving slightly up or slightly down. Down is not good for you – it indicates frustration or annoyance. Curving up, though, is an super sign. Additionally, you should pay attention to how tightly the lips are held. If they’re pressed tightly together, it can mean the same thing as crossed arms.

That’s the three major areas of body language you should be paying attention to while actively listening to your customer. Keep in mind that while the customer’s body can give you an indication about how they feel towards you and your product, it’s the listening that is going to yield you the important information about what they want. Now that we’ve established good customer reading techniques, let’s talk about what to do with the information you pick up :

Respond With Similar Body LanguageOne of the easiest ways to set someone at ease is to “mirror” their body language. You don’t want to go overboard on this – that can seem creepy or just mean. But little things are really important. Start with pace and timing. Is the customer in a hurry ? Or do they want to take things slow and steady ? Speak and act at the same pace as the customer. If she’s in a hurry, speaking quickly and speed walking across the store, then you should speak quickly and speed walk across the store as well. If she’s speaking slowly and moves slowly, your speed talking and walking will only come across as aggressive to her.

In addition, you can do subtle things like adopt a similar forme, or use similar hand gestures. With the hand gestures, be careful. You don’t want to come across as mocking your customer. Don’t make exact replicas of hand gestures, keep it general. Determine if someone is ready to buy ( or not ) based on non-verbal cuesHere are a few more tips to help you differentiate shoppers who are ready to buy versus those who aren’t interested.

According to SCORE contributor Lee Perlitz, signals that shoppers are interested in a product include : Spending time looking at or discussing one product type – When a customer spends time focusing on just one product, there’s a good chance they’ve already set their sights on that one and are interested in purchasing it. Looking around for somebody to help them – Catch the shopper’s gaze when you see them looking around. According to Perlitz, you can approach them “if they sustain the glance or raise their eyebrows. ”Body language – A shift in body language signals “a change in mental state that may well indicate readiness to buy. ” For example, if the shopper suddenly styles relaxed after you’ve answered their questions, that could be an indication that they’re ready to buy.

Be sure to approach customers once you see them exhibiting these signals. Failing to spot these signs or not acting in time could result in you missing out on the sale. On the flip side, here are the non-verbal signals indicating that someone isn’t ready to buy. Avoiding eye contact – If a customer doesn’t hold your gaze when you look at them, it likely means they’re not ready to make a purchase yet. Making ‘not now’ excuses – Statements like “just looking” or “not now” are clear signals that they aren’t ready to buy. Perlitz recommends that retailers “make an encouraging remark to keep them looking and back off. ”Looking at many different products – Not being focused on just one product is another indication that shoppers should be given space.

When you see or hear people exhibiting the signals above, then it’s best to hold off on the sell. Figure out the type of customer that you’re dealing with and respond accordinglyAs you know, there are several types of customers who walk through your doors, and you need to tailor your approach accordingly. to help you do that, we’ve put together a quick slideshow summarizing the most common types of customers in retail. Check it out below :

More tips ? Those are our tips and tricks to help anyone become a good sales person. It’s important to remember that truly good sales people work on creating trusting relationships with their clients before they sell them anything. If you are capable of creating a trusting relationship, you are capable of selling. These tips are intended to help you create that relationship.

What tricks to reading customers do you employ ? Let us know in the comments below ! Author Bio : Cara Wood is a marketing administrative assistant at Capterra, a company that puts software buyers in touch with software vendors ! When she’s not hard at work at Capterra, she can be found horse-back riding, reading and just generally having a good time at life.

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