As U.S. regulators push for an investigation into what they call "deadly baby and toddler products" from foreign e-commerce sites, health officials in Canada say they don't have enough information to determine if any laws or regulations have been broken.
Under Health Canada's Consumer Product Safety Program, consumer product manufacturers, importers, advertisers, and vendors must ensure that their products comply with all health requirements and that they do not pose a danger to human health or safety, said a Health Canada spokesperson in a recent email to CTVNews.ca.
Last month, U.S. safety commissioners Peter Feldman and Douglas Dziak issued an open letter calling on the U.S. Consumer Product Safety Commission (CPSP) to assess how foreign shopping platforms, including Temu and Shein, meet their obligations under the Consumer Product Safety Act.
The commissioners raised specific concerns with popular shopping apps Shein and Temu, citing recent media reports that they said show "deadly baby and toddler products are easy to find on these platforms."
Shein and Temu use third-party sellers in China to sell low-priced goods, from T-shirts to electronics.
"We seek to better understand these firms, particularly their focus on low-value direct-to-consumer – sometimes called de minimis – shipments and the enforcement challenges when Chinese firms with little or no U.S. presence distribute consumer products through these platforms," the U.S. consumer watchdog commissioners wrote. "Third-party sellers, domestic and foreign, are proliferating on online platforms. This form of commerce can benefit consumers and sellers in many ways, but CPSC must make clear its expectations regarding these platforms’ responsibilities to ensure safety."
Health Canada acknowledged it is aware of the open letter. It says it regularly monitors domestic and foreign news sources along with incident reports from consumers and the industry to help track safety issues, which may lead to inspections and enforcement actions.
"While the open letter from two of the CPSC’s commissioners referenced 'deadly baby and toddler products,' it did not include sufficient product-specific information for Health Canada to determine whether any Canadian laws or regulations may have been contravened," the Health Canada spokesperson wrote in an email to CTVNews.ca.
Shein and Temu on product safety
In response to the U.S. regulators' concerns, both Shein and Temu said they have measures in place to ensure their merchandise is safe.
"Shein takes product safety very seriously and is committed to offering safe and reliable products to our customers," Martin Reidy, a Shein spokesperson, said in a recent email to CTVNews.ca, adding that the company continuously invests in and enhances its product compliance processes. "Upon learning of any claims or issues, we immediately remove the product(s) from our site as a matter of caution whilst conducting our investigations. ... If non-compliance is verified, Shein takes action against the seller and restricts their operations on our site.”
When asked by CTVNews.ca if Shein sellers need to pass safety tests before they can sell products, Reidy answered the question by explaining the company’s seller compliance requirements. He said the company conducts regular, random testing on products.
Reidy said suppliers and Shein sellers must comply with its “stringent” Marketplace Services Agreement, code of conduct and policies, which require them to follow the laws and regulations in the countries Shein operates in. Some are required to provide certifications as well, he added.
Suppliers for Shein-branded apparel, which make up most of the company's sales, must follow Shein's responsible sourcing program that requires annual audits, including before they can work with the company.
Shein works closely with international third-party agencies to conduct daily tests on products, including more than 400,000 chemical safety tests in the past year, the spokesperson said.
So far this year, Shein "removed" more than 700 marketplace sellers from its site due to "non-compliance" regarding product safety policies and regulations, he added.
A Temu spokesperson said the online marketplace takes product safety "very seriously."
"We have a comprehensive approach to quality control on our platform that aligns with the requirements of the markets we operate in," the spokesperson wrote in an email to CTVNews.ca. "Accountability and penalties are clearly defined within Temu's quality control framework. … Temu maintains a blocklist to prevent problematic sellers from re-entering the platform."
A spokesperson for Temu, a shopping app where independent third-party sellers sell their products, says the company conducts random product inspections before and after they are listed on the platform.
"If we discover any products suspected to be illegal or harmful, we take immediate corrective actions, such as suspending the sale of that product," the spokesperson wrote.
Temu provides guidance and resources for sellers to comply with safety requirements for various markets, added the spokesperson.
As an example, it said sellers are required to sign agreements "affirming their commitment to product safety and adherence to regulations relevant to their intended markets."
Temu said sellers must provide comprehensive product information, and Temu checks packaging, labels and safety markings to ensure they meet market standards and regulations.
"If any products are suspected of potential non-compliance, Temu takes swift action, which may involve suspending the listing, requesting additional documentation, or removing the product altogether," the spokesperson said.
Temu also said it closely monitors customer feedback to identify possible problems with products.
"When concerns arise, we take prompt action to investigate and, if necessary, remove any products suspected of being non-compliant," the spokesperson said. "Furthermore, Temu cooperates with consumer groups and regulatory authorities to address inquiries and facilitate product takedowns or recalls when required."
How is Canada protecting online shoppers?
With the growing popularity of online marketplaces, Health Canada says in a recent email to CTVNews.ca that it has taken steps to improve its monitoring of consumer products.
It launched the Canadian Product Safety Pledge last year, which is a series of voluntary commitments online marketplaces make to strengthen product safety. Companies who sign it pledge to detect and prevent the sale of unsafe products, raise awareness about product safety with sellers and consumers, and work with Health Canada if any safety issues arise.
Amazon Canada and eBay Canada are the only online marketplaces that have signed the pledge so far.
Health Canada said it doesn't review, test or approve products before they are sold online or in stores, making it the suppliers' responsibility to ensure their products comply with regulations. The industry must also report health or safety incidents involving products to Health Canada, which may result in investigations, Health Canada added.
Health Canada said it works closely with the U.S. regulators to ensure companies follow the rules. In addition, it said it regularly monitors U.S. recalls to "address potential safety concerns quickly."
It says it has worked with Temu and Shein to ensure they are aware of the safety regulations for consumer products and cosmetics sold in Canada, even before the commissioners' letter.
As an example, Health Canada said it worked with Shein to recall some children's products in 2024 and 2021 that were considered "non-compliant" with the Canadian Consumer Product Safety Act, such as certain sleepwear sets, balloon-blowing kits and children's clothing containing lead. In addition, it said it recalled children's products sold on Temu in 2024 and 2023, such as certain re-usable water balloons, portable car seats and bike helmets.
Health Canada says that it regularly monitors both online and brick-and-mortar retail locations, inspects products to help ensure compliance with safety standards and takes necessary enforcement action.
Health Canada encourages consumers to report any safety concerns and to check for product recalls online.
For the latest available data for 2022-23, the Canada Border Services Agency flagged 1,361 shipments, which resulted in 363 product inspections. From those inspected, 134 were identified as "non-compliant" products and 212 recalls were issued. Household items made up the bulk of recalled products at 29 per cent, followed by products related to child care (15 per cent), sports and leisure (12 per cent), chemicals (10 per cent) and household textiles (eight per cent), according to Health Canada's website.
