back to article Exploding Power Bars: EE couldn't even get the CE safety mark right

EE failed to label its "Power Bar" phone charging devices with the correct marking to show that the product complied with European safety directives, The Register has learned. The embarrassing cockup comes after we revealed that EE management had been warned about safety risks with its Power Bar, ahead of its launch in April …

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    1. Mark 85

      No testing required for the CE listing? I'm surprised. I've seen this on products here in the States along with CSA and UL which actually test samples of the listed product. The manufacturer pays CSA and UL to do the testing.

      If the product isn't being tested then it seems to me the listing requirement is pretty useless. Sort of like ISO compliant, I guess.

      1. This post has been deleted by its author

      2. SImon Hobson Bronze badge
        FAIL

        > No testing required for the CE listing?

        Indeed, it can legitimately be done with zero testing ! There is the "technical file" route where the manufacturer (or importer) basically created a justification for why the design will meet the regulations - "our calculations show that ...".

        And as pointed out, even if the device is actually tested, it can be tested in such a manner as to ensure it passed (as in the case of the farcical PLT situation) of the first batch may be made to meet the standards but then components left out after that.

        And Drs. Security highlights the biggest problem, that of enforcement. In theory there are penalties for false declarations, but in reality it's down to an overstretched Trading Standards (in the UK) to find dodgy equipment and have it taken off the market. In practice, unless someone like Drs. Security who knows about the problems and has the means of doing some basic tests finds a problem, then it goes un-noticed. A few may get caught by OfCom's interference unit - but again they (from what I've read) largely rely on radio amateurs and the like to detect and do some basic identification work first.

        You average man on the street is highly unlikely to have a clue - and unless fairly lucky and/or clued up would not work out that a new gadget was the source of any interference.

        So chances of getting caught - quite low.

        Consequences if caught - also fairly low. In the first instance, little more than a stern "stop doing it" instruction.

        Add to that, instead of a relatively small number of importers and wholesalers, we now have every Tom, Richard, and Harry importing stuff direct from the far east - either buying wholesale and selling it on, or buying individual items for themselves from online sellers. Only Customs have any ability to intercept this trade - and they don't have the resources either for anything but large shipments and/or things they've been tipped off about.

        As for PLTs, well it's fairly clear that the authorities didn't want to upset BT who were one of the worst offenders for handing them out to their "Vision" TV customers.

        Absolutely clearly no way on earth they can possibly not cause interference by design - yet the authorities have put an extraordinary amount of effort into working out reasons for it to not be their problem !

        www.ban-plt.org.uk/

      3. Yet Another Anonymous coward Silver badge

        >No testing required for the CE listing?

        The manufacturer (strictly the importer) has to do testing, it can do this in house if it can show it has the proper skills and properly calibrated equipment or it can have it done by a test lab. It then has to prove to the regulators that it has done it.

        On the other hand CSA and UL are commercial operations, they are unlikely to fail a product from a major customer who will simply go to the other guy.

        1. no_RS

          UL and CSA are a pain in the ass, UL are worse though

          UL and CSA are a real PITA when it comes to certifying products, the idea that they head for the lowest common denominator is totally false as anyone who has had dealings with them will quite happily tell you . They are a PITA!!

          1. Anonymous Coward
            Anonymous Coward

            Re: UL and CSA are a pain in the ass, UL are worse though

            Based on recent experience, I agree. It seems to vary by UL location though. The guys in North Carolina seem more cooperative than those in New York. In future, I will do everything possible to avoid having to deal with them.

        2. vogon00

          Radiation / Noise

          Have you ever tried to get complex equipment, or even simple stuff, through UL, TUV or CSA certification? Not as easy as it sounds, I promise you!

          Having said that, the only way to prevent poor conducted or radiated EMC performance (meaning interference! ) is good product design that conforms to well established rules and best practice.

          Oh yeah - the powerline technology on sale now (and probably in the future) is an abomination that should be taken out and shot. It's truly awful shit that broadcasts electromagnetic effluent around the home and immediately surrounding area. FM/DAB radio not working properly? Radio-dependant remote controls playing up? If so, turn your bloody PLT gear off!

      4. John McCallum
        Unhappy

        ISO

        This depends on which ISO mark you refer to. ISO 9001 for instance is Planning and Production and a right pain in the rear also a paper based exercise. I had to cope with this POS for five years working for an insulation Co.

        1. Vic

          Re: ISO

          ISO 9001 for instance is Planning and Production and a right pain in the rear

          ISO 9K is one of the more bizarre "standards"; it implies repeatability, not quality.

          I once worked for a software house that gained it (BS5750 initally, but that mapped straight over). We had a development policy[1] that stated that the data structures we were using at every point in the code had to be defined before the design was started...

          Vic.

          [1] Yes I did fight against it. I failed to get it changed. And I failed to develop any software to that procedure - for reasons that I hope are obvious.

          1. CP/M-80
            Devil

            Re: ISO

            Using void* across the project would meet that criteria ;-)

      5. Eric Olson

        If I recall correctly, the UL marking is actually trademarked or protected, and you not only have to get permission to use it, but there might even by special hardware or software for the marking that ensures that only the appropriate number or model is marked (e.g. taking the UL certification and applying it to a related but uncertified product.).

        I could be wrong about the last part, but I seem to recall a time in my life where this was told to me when I worked in a factory. It also would speak to UL's warnings about counterfeited UL marking from China and other markets and the efforts they are taking to ensure that fraudulent markings are easily spotted.

    2. Drs. Security

      secondly, the CE mark is only awarded and tested at the start of a product marketing cycle.

      After that there is a chance that products get retested. But that's very rarely indeed.

      As a hamradio operator we see enough effects of this so-called conformity in light dimmers missing filtering capacitors (yes they were there when the product got so-call CE-certified) because a couple of components less makes manufacturing cheaper.

      I've even had a battery pack for my i-devices (IIRC it was the Gum Max 10,400 Mah one) that when charging blurred out so much radio frequency interference that practically all radio signals coming into my house were drowned out (FM broadcast as well as e.g. civil airband frequencies).

      And yes it was CE-marked and sold in Europe and I tested two versions of it before advising Apple to stop selling it and returning the 2nd one for a refund.

      Similar issues can be found with power line communication (PLC) adapters, plasma tvs etc.

      So maybe that powerbar was nicely CE certified and fully correct and afterwards some components were yanked to make them cheaper. ON more then a million units that's making a lot of difference in the costs.

      Although this time that trick failed (if true of course).

      1. OliverJ

        Conformity marking

        The CE label is a mere conformity marking. It is applied by the manufacturer in a self-certification process, indicating that the product complies to certain european standards, including product safety.

        If you want some kind of quasi-independent, external testing, look for the VDE markings, or the various TÜV organizations. The UL has a similar role in the US market I believe. Obviously, these are often falsified as well on "China Export" imports.

      2. Chris Fox

        CE marking is a broken idea

        “Similar issues can be found with power line communication (PLC) adapters, plasma tvs etc.”

        The example of CE-marked PLC illustrates how broken the whole self-certification system is in the EU. Many (all?) PLC devices break rules on radio interference when used on standard domestic wiring, but all is supposedly well as the devices carry CE markings. This is despite the reality that self-certification that justifies the CE marking involved testing samples using “standards” that were never approved (because they were too lax), or measurements in an environment that did not replicate domestic wiring, or using interference thresholds intended for industrial, non-domestic use. It then seems that manufacturers are effectively allowed to “grandfather” the supposed CE compliance.

        As I recall, a ruling in German appeared to suggest all was in order, so no other national authority is willing to do anything about these dodgy practices. In the UK, complaints about illegal PLC interference are dealt with using a crazy ad hoc procedure that involves the BBC (rather than relevant regulator, Ofcom), allowing Ofcom to report it has received no complaints, justifying its refusal to act. Even the IEEE is complicit in setting up standards for this crap without considering the wider issues.

        The issue of CE marking is one where there is a clear case for EU reform, but unfortunately its this kind of “trust the manufacturers” crap that is supported by those who claim to be concerned about the EU.

        1. ilmari

          Re: CE marking is a broken idea

          I've wondered in general how PLC performs and is affected by the rather esoteric ring systems used ro wire UK households, compared to star topology used in the rest of the world.

          Now PLC kit is even using the PE wire to transmit data, which is turning every chassis into a radiating antenna, I imagine.

    3. Anonymous Coward
      Anonymous Coward

      So now we will get a load of posts claiming this to be the China Export mark which doesn't even exist.

      Come off it, everybody knows it stands for caveat emptor. I must say it's a slow news day if the Reg are having to blather on that the wrong font or spacing were used for the CE mark.

      I suppose in the parallel universe of Brussels it means something, but as far as I can see the "CE" mark is a pointless bit of bureaucracy with no value to consumers at all, and no relevance to whether a product is safe or effective, whether it appears or not.

      1. Drs. Security

        agreed, it may be tested once but what happens afterwards in the real production run is never tested nor verified to be similar as the test sample.

        In that respect it's as non-interesting as the fuel figures in car brochures on how much you can drive for on a single liter of petrol.

        Only difference is: most people know about the car fuel specs they are not true.

    4. Velv
      Boffin

      "By placing the CE marking on a product a manufacturer is declaring, on his sole responsibility, conformity with all of the legal requirements to achieve CE marking."

      "If you are a manufacturer it is your responsibility to:

      o carry out the conformity assessment

      o set up the technical file

      o issue the EC Declaration of Conformity (DoC)

      o place CE marking on a product"

      In other words it is entirely up to the manufacturer to determine that they meet the requirements and can then declare so. And we've never seen anybody falsely declare anything now, have we,,,

      1. Roq D. Kasba

        In other words it is entirely up to the manufacturer to determine ....

        I think that obligation passes to the importer if physical manufacture is outside the EU.

        I saw some 3-way plugs in a pound shop the other day without CE mark from the importer, mentioned it to trading standards who visited,next day they were all removed from the shelves.

    5. Pookietoo

      Re: It's not an automatic sign that the device did not pass testing.

      But it does suggest that perhaps the manufacturer wasn't particularly careful about following the prescribed procedures.

  2. Martin Summers Silver badge

    It sounds like the documents seen were a risk assessment of the bars, which I presume anyone would have to complete. You have to put the worst case scenario in there but more importantly the mitigation for said scenario. If these are the risk assessment documents you've looked at then that's the bit I'd like to hear about. Exploding batteries with faulty cables has happened before with other companies. Not trying to defend EE but this whole thing is a bit 'sexed up'.

    1. Anonymous Coward
      Anonymous Coward

      EE are taking some Reg heat off Apple for a change.

      CE means as much as an MOT in the UK, on the day of test it was fine, two hours later, maybe not so.

      all testing processes are a one time, and the fact "it could explode if used with a faulty lead" is true of any device, even jesus mobes.

      sensationalist click-bait aside, are we at the stage where EE can do no right trying to help people that hammer their mobe batteries, just as Apple and M$ can only do wrong?

      1. Richard 12 Silver badge

        CE is simpler than that

        It means that the person who signed the Declaration of Conformity was willing to sign that it meets the applicable EU Regulations.

        No more, no less.

        The entity that places it on the market in the EU is legally responsible for this being correct.

        UL is different, in that UL is a pure paper exercise with (almost) no testing at all, but does require that the papers are lodged with Underwriters Laboratories.

      2. DanDanDan

        > all testing processes are a one time, and the fact "it could explode if used with a faulty lead" is true of any device, even jesus mobes.

        Well I don't think that's quite factually accurate. I think the faulty lead could melt or set on fire. But just using a faulty cable should be protected against by the charging circuitry to prevent an explosion of the device.

  3. PNGuinn
    Mushroom

    Totally ....

    Eh?

    "the Power Bar could easily be overloaded and catch fire if used with a faulty cable"

    That sounds suspiciously like the "proper" cable is a long flimsy bit of high restance string which is an essential part of the charge limitation process, in which case the line should read "the Power Bar could easily be overloaded and catch fire if NOT used with the faulty cable supplied".

    Under any normal situation I''d say shirly not - but ...??

    Have el reg any info on exactly what "a faulty cable" entails in this instance?

    1. Naughtyhorse

      Re: Totally ....

      Faulty cable in this instance would mean dead short.

      First rule of writing this kind of bumf... don't be too specific.

      1. Drs. Security

        Re: Totally ....

        no, if there's a short in the cable the power will flow back and not (mostly) pass through the battery system at all.

        e.g. it will not charge.

        One way there could be issues if somehow the negative (katode) and positive (anode) lines in the cable switch sides and you try to "charge" the power bar with the wrong terminals connected to the wrong wires.

        A short circuit can also cause this but it is not an overcharging issue that will cause the spectacular failure here IMHO.

        1. Peter Gathercole Silver badge

          Re: Totally ....

          Katode? Cathode!

          But if you short out a battery, any battery, the internal resistance of the battery will cause it to become a heater...

          And the greater the capacity of the battery, the greater the heat effect.

          Try this at home, but take suitable precautions.

          Get an alkaline AA battery, and put a wire connecting both ends. Leave it for 10 seconds, disconnect, and then see how hot the battery is. But be careful, it'll be hot!

          If these devices were made correctly, they should have some form of current limiter, which would prevent a short causing them to overheat (could be as simple as a fuse). But I guess at least the faulty ones don't, or it does not function correctly.

          1. Steve Evans

            Re: Totally ....

            May I just reinforce that Peter is suggesting an *Alkaline* AA batteries... Which have a greater internal resistance than rechargeables, so a lower current...

            Do *NOT* do this with rechargeables! They have a much lower internal resistance, the current that flows will be much higher, your bit of wire could easily become red hot, and the battery will at best be ruined, at worst could explode.

            1. Peter Gathercole Silver badge

              Re: Totally .... @Steve

              I deliberately said alkaline for this reason, and also because potentially ruining a disposable battery is preferable to doing the same to a rechargeable.

              I should have said why, maybe. Thanks for providing the extra warning for other people.

              1. Steve Evans

                Re: Totally .... @Steve

                Not a problem Peter.... I try to never overestimate the ability of people on the intarwebz to blow themselves up!

        2. ilmari

          Re: Totally ....

          It was probably refering to a cable connected to the power supplying port on the powerbar. If that would be shorted, the dc-dc converter might be lefg running at its maximum capacity, heating up the battery it's sitting next to. If the converter lacks thermal cutoff, it will eventually enter runaway conditions, after which it's no longer converting, just passing through acting like a dead short itself. Temperature would increase to above the point where Li-Ion ignites..

          1. Laura Kerr

            Re: Totally ....

            Or don't do what I managed to do once - drop a spanner across the terminals of a fully-charged lead-acid battery.

            The battery casing warped and the spanner melted.

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  4. Trygve

    Has anyone ever bought german-market electricals?

    They always seem to include a little piece of paper stating that the product meets/has passed all relevant regulatory requirements of <list of german regulatory agencies>, undersigned by a named member of the senior management team of whichever company has their name on the packaging.

    The idea presumably being that in circumstances such as these you could just phone up the relevant individual and ask them exactly what went on, and haul them into court if necessary.

    I've always thought it a neat idea since I first encountered it (on a cheap Lidl-branded power screwdriver), but in the Anglo-Saxon world taking responsibility for the quality of the products you sell is regarded as a quaint notion holding back dynamic and innovative business ideas.

    1. An ominous cow heard

      Re: Has anyone ever bought german-market electricals?

      "a little piece of paper stating that the product meets/has passed all relevant regulatory requirements of <list of german regulatory agencies>, undersigned by a named member of the senior management team of whichever company has their name on the packaging."

      Guess what, that's pretty much what a proper Declaration of Conformity has too, although the 'senior' bit may be replaced by 'authorised'. After all, Seniors often have far more important things to do than be held responsible for anything.

      The DoC is supposed to be available with the product, directly (e.g. in the destructions) or by contacting the product supplier (e.g. the authorised European representative, if the product is manufactured outside Europe).

      The idea that a supplier, when asked for a product's DoC, can legally just say "eff off" (or even just politely ignore the request) is laughable.

      " in circumstances such as these you could just phone up the relevant individual and ask them exactly what went on, and haul them into court if necessary.

      And that appears to be the *intention* behind the CE/DoC rules here too.

      Obviously that kind of thing (like suppliers following product liability legislation) is completely impermissible in the UK.

      Re: self certification

      There is clearly a problem with abuse of self certification. However, what's actually in the rules is stuff like:

      "'You must keep certain documentation once you have placed the CE marking onto your product. This information can be requested at any time by the Market Surveillance Authorities to check that a CE marking has been legitimately placed on a product."

      The idea presumably being that in circumstances such as these, anyone who has been fraudulently misrepresenting what went on can be held accountable for it. Not that it ever happens.

    2. Anonymous Coward
      Anonymous Coward

      Re: Has anyone ever bought german-market electricals?

      "in the Anglo-Saxon world taking responsibility for the quality of the products you sell is regarded as a quaint notion holding back dynamic and innovative business ideas."

      Maybe so, but the UK does actually have laws on product liability, El-Reg's favoured lawyers even have a quite readable article on the subject [1].

      Some manufacturers and suppliers take their "product liability" responsibilities seriously. Maybe not enough, obviously. Maybe more prosecutions and convictions and sentences would be helpful. Maybe some of the recent car hacking cases should end up in the courts (there have been JLR-related instances, iirc).

      Ever wondered why some perishable products now have "best before" and "use by" dates with ridiculous precision: Use by 23 Aug 2015 14:09 (or other seemingly meaningless dotmatrix printing on the container)?

      Often, it's there because it allows the manufacturer to track stuff back. From the extended best before date, if something does go wrong a suitably motivated manufacturer can work out what else might be affected, and (frequently) stuff like which machines in which factories made it and so on. And any incidents can thus be handled responsibly. Given suitable motivation.

      See anything like that in this EE case? Serial number, batch number, anything like that?

      Off with their heads. To motivate the others.

      [1] http://www.out-law.com/en/topics/commercial/supply-of-goods-and-services/product-liability-under-the-consumer-protection-act/

      Product liability under the Consumer Protection Act (last updated in August 2011)

      Product liability is the area of law in which manufacturers, distributors, suppliers and retailers are held responsible for any injuries products cause. Regardless of any contractual limitations of liability, if a product or any of its component parts are defective its manufacturer may be liable for damage under the Consumer Protection Act (CPA) or the common law of negligence.

      [snip]

      people who are injured by defective products can sue for compensation without having to prove that the manufacturer was negligent. It is merely necessary to prove that the product was defective, and that any injury or damage was most likely caused by the product.

      [snip]

      A product is defective for the purposes of the CPA if its safety, including not only the risk of personal injury but also the risk of damage to property, is "not such as persons generally are entitled to expect". [anon: well, these days many of us know exactly what to expect: Chinese tat]

      [continues]

  5. Anonymous Coward
    Anonymous Coward

    Maybe they were just being honest?

    EE failed to label its "Power Bar" phone charging devices with the correct marking to show that the product complied with European safety directives

    Well, given the events it could be argued that they were just being honest. The problem with that is that they were then knowingly selling goods in non-compliance with the required standards for those goods.

    Whatever comes of this, the lesson is that is you have documents warning you of risks you better accompany them with acknowledgement and how you address that risk. At the moment, the reporting* makes it looks as if they knowingly sold products with known defects, which could get rather costly in many ways.

    * .. which may not have all the facts yet

  6. grumpyoldeyore

    Eagle Eyes

    Reminds me a bit of a battle my father had trying to get an electric carving knife kitemarked (pre CE days).

    As it already had TUV approval, he was somewhat surprised when BSI rejected it because of the shade of blue of the insulation of the neutral wire. When he queried it, he was presental with an optical spectrum along with the triumphant statment "TUV is a test house. We at BSI are a Standards Authority!"

    1. Archivist

      Re: Eagle Eyes

      In that era I had an appliance rejected for the percentages of green and yellow pigment on the earth cable being just outside the limit - something like 35%/65% rather than 40%/60%.

      All joking aside, I was the certification engineer for a Japanese company and we took BEAB/BSI testing seriously. Every model was tested before production, and any changes had to submitted for re-testing before incorporation. I'm not sure how practical that would be today, with so much free movement of goods.

    2. Vic

      Re: Eagle Eyes

      BSI rejected it because of the shade of blue of the insulation of the neutral wire

      There *might* have been grounds for that.

      The brown/blue/green&yellow coloiurs of the cables were picked very specifically because they are still distinctive to people with severe colour-blindness. For that to work, there does need to be a certain amount of precision to the colours.

      I've no idea whether your father's cables were effective in that respect or not, but I can see BSI's position; they were given a spec that would definitely work, and that cable didn't meet it.

      Vic.

  7. Crisp

    You've got to love that quote from them...

    "We strongly refute any suggestion that safety concerns were ignored or dismissed without careful consideration."

    After reading that I was left with the impression that after careful consideration, the safety concerns were ignored and dismissed. Is that what they intended to say?

    1. chr0m4t1c

      Re: You've got to love that quote from them...

      I was left with the impression that EE don't know the difference between refute and repudiate.

  8. Mephistro
    Flame

    I've seen that unicorn often enough...

    ... to seriously doubt the validity of the European commission response. Perhaps it was true when the EC produced said response, perhaps it's only a forgery by many Chinese manufacturers. Anyway, the "China Export" logo exists, it's almost identical to the CE logo and back then the EC was negotiating with the Chinese authorities to change the "China Export" logo so it couldn't be confused with the "true" CE logo. It would seem the negotiations didn't go too well, as you can still see those forged logos in every piece of low quality electronics gunk manufactured in China.

    If the EC really wanted to fix this problem, they would be confiscating stuff with said forged logos at customs, warehouses and shops. Collusion? Corruption? Incompetence?

    1. Pascal Monett Silver badge

      Re: the "China Export" logo exists

      Apparantly, it does not actually exist.

      1. Francis Boyle Silver badge

        Re: the "China Export" logo exists

        A bureaucrat claiming they are not aware of something is on par with a politician being unable to recall.

      2. Mephistro

        Re: the "China Export" logo exists

        Not sure whether it exists or not, but I'm pretty sure that many imports from China brandishing a similar logo haven't even applied for the official CE logo. On top of that, the Wikipedia link ("...and was in discussion with Chinese authorities to ensure compliance with European legislation" )seems to hint it exists. A different matter is whether this fake logo was created originally by the Chinese govt. (I think this is not the case, but I might be wrong) or by some cadre of dodgy Chinese manufacturers.

        1. Test Man

          Re: the "China Export" logo exists

          There is no such thing. At all. The name was bandied about by people to cover the fact that it was simply a (badly) copied CE mark, and it's now become a self-fufilling prophecy used by dodgy Chinese manufacturers who use it as an excuse whenever anyone of authority comes asking questions.

          Fact is it's not a thing whatsoever, and never has been.

          1. Phil O'Sophical Silver badge

            Re: the "China Export" logo exists

            Fact is it's not a thing whatsoever, and never has been.

            But isn't that the whole point? The suggestion is that unscrupulous Chinese companies intentionally put a fake CE mark (not complying with either the standards or the logotype) on a products to give the impression that it complies with the EU standards. If called on it they can reply "Oh, velly solly, you misunderstand. That isn't an EU 'CE' mark, it's just our way of saying 'China Export'. Nothing to see here, move along". There's certainly no official mark, outside of "Made in China".

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