SFI has posted everything public, shocking:
April, 2010
SFI PRESS RELEASE - Response to the Impact Racing Press Release of April 22, 2010
April 22, 2010 - Yesterday, SFI advised the racing community that Impact Racing suits bearing 3.2A/5 certifications “made prior to 2009 have been constructed with non-compliant materials that, in SFI’s judgment, pose a safety risk to users of those suits.” Impact responded by attacking SFI certification programs (although Impact and the other major equipment manufacturers have agreed to and participated in the development of these well-established programs); by claiming it could not get a fair hearing of the decertification appeal (although Impact asked for and received an expedited appeal procedure); and by claiming that “SFI’s actions have caused racers unnecessarily to question their safety.” It is this last point that requires a very specific response.
Scientific testing just conducted on 2008 Impact 3.2A/5 suits has determined that the thread melts away in a fire. This causes the fabric to come apart since there is no longer thread to hold the suit together. SFI believes this poses a significant safety risk to the racer involved in a fire. Rather than being constructed with Nomex (heat resistant) thread, the suits were constructed with some sort of unknown non-compliant thread that melts during heat testing. This thread failure is contrary to the SFI specifications that Impact agreed to follow.
The reason that this failure was not discovered sooner is that Impact provided SFI with Nomex thread samples in order to get their products tested and certified initially. Manufacturers are only supposed to provide samples of the actual materials to be used in their products. It appears that Impact failed to comply with this procedure regarding thread. Finally, one suit tested failed to have the proper thermal protective properties in the material itself. Again, such a failure poses a significant safety risk. This safety failure by Impact is consistent with a pattern of non-compliance:
1. Last year, SFI discovered that Impact SFI 3.2A/15 and SFI 3.2A/20 rated fire suits produced in 2007 and 2008 were also made with thread that melted during testing. In addition, these suits were often poorly constructed, without sufficient protective layers of Nomex material. SFI ordered the immediate decertification and recall of these potentially dangerous products.
2. Last year, SFI discovered that Impact SFI 3.3/15 and SFI 3.3/20 boots produced in 2008 were defective. Their materials failed heat resistant testing. SFI ordered the immediate decertification and recall of these potentially dangerous products.
3. Hans Performance Products discovered last year that Impact deliberately manufactured and sold counterfeit Hans helmet clips and attached them into the helmets of unsuspecting customers. These foreign made knock-offs were inscribed with the “SFI 38.1” inscription. Impact has never participated in this program. These counterfeiting activities were occurring at the same time that Impact was manufacturing counterfeit SFI conformance labels and patches. Hans filed suit against Impact in federal court last year in Atlanta. SFI intervened and joined in the suit against Impact. That suit is pending.
4. In 2004, SFI discovered that Impact gloves bearing SFI 3.3/20 specifications were made of material that was too light and failed heat resistance testing. SFI ordered their decertification and recall.
Impact’s press release claims that there “have been no burns or other injuries reported to Impact by any racer wearing Impact Race Products since its inception.” If this is true, the avoidance of injuries is due in large part to the policing of Impact products by SFI.
SFI was heartened when Impact finally admitted its own fault for previously making non-compliant gloves, boots, suits and helmet clips and acted to address those problems. SFI holds out the hope of a similar outcome regarding its pre-2009 3.2A, 3.3, 16.1 and 16.5 products, and that it will act in the best interests of the racing community without further prodding by SFI. However, admission of their fault will not change the fact that these products remain decertified and that Impact’s participation in all SFI programs will end June 22, 2010.
For a downloadable .pdf of this press release, please click on the following link: SFI Press Release 04-22-10.
SFI PRESS RELEASE
April 21, 2010 - SFI issues the following press release. Please review this carefully:
1. Impact Racing has withdrawn its appeal of the decertifications of its products bearing SFI 3.2A, 3.3, 16.1, and 16.5 specifications manufactured in the years 2005, 2006, 2007, and 2008. The decertifications of these products are now permanent.
2. The decertifications are based upon a number of the affected products being non-compliant with SFI specifications concerning labeling and construction. In addition to the presence of non-compliant SFI tags and the absence of DOMs on products, 3.2A/5 suits made prior to 2009 have been constructed with non-compliant materials that, in SFI’s judgment, pose a safety risk to users of these suits.
3. Impact Racing is permitted to maintain the certification for products bearing SFI 3.2A, 3.3, 16.1, and 16.5 specifications manufactured in 2009 and 2010. SFI’s investigation of the labeling and construction of these products is ongoing. Impact’s participation in the SFI specification programs ends June 22, 2010.
4. Any Impact product with SFI specifications 3.2A, 3.3, 16.1, and 16.5 without a date of manufacture (DOM) is deemed to be a decertified product unless the manufacturer has provided the product user with proof that it was manufactured in 2009 or 2010. This proof must be presented to track officials upon request. Impact believes that its products made in 2009 and 2010 have the DOMs affixed to products to the extent mandated by SFI specifications.
For a downloadable .pdf of this press release, please click on the following link: SFI Press Release 04-21-10.
JOINT PRESS RELEASE
April 1, 2010 - Impact Racing, LLC and SFI Foundation, Inc., in the litigation pending in the United States District Court for the Southern District of Indiana, have agreed that:
1. Impact Racing, LLC has provided sworn testimony that, upon review and investigation, no counterfeit SFI Conformance Labels have been used on Impact Racing products during the production years of 2009 and 2010.
2. Impact Racing, LLC has provided sworn testimony that, upon review and investigation, all Impact Racing products manufactured and sold during the production years 2009 and 2010 meet SFI specifications.
3. Based upon this sworn testimony, the decertification against Impact Racing products for the production years 2009 and 2010 is lifted. The decertification of the production years prior to 2009 and 2010 remains in effect. The parties will continue to work cooperatively in an effort to resolve the issues relating to decertification in these years.
4. Impact Racing stands behind the safety of all products it has manufactured and to which SFI Conformance Labels have been affixed. SFI will continue to monitor compliance with product specifications.
5. Impact Racing, LLC and SFI Foundation, Inc. will cooperate in determining whether any Impact Racing product bears a counterfeit SFI Conformance Label and if any safety issue exists in regard to products manufactured prior to 2009 and 2010.
6. If any Impact Racing product does not bear the date of manufacture the purchaser or user is instructed to immediately contact Impact Racing who will provide verification of the date of manufacture. Impact Racing, LLC will immediately notify SFI Foundation, Inc. of this occurrence. Impact Racing, LLC and SFI Foundation, Inc. will work with the sanctioning bodies to determine the best method for product users to present verification of the date of manufacture.
For a downloadable .pdf of this press release, please click on the following link: Joint Press Release 04-01-10.
March, 2010
March 29, 2010 - UPDATE ON IMPACT RACING PRODUCT DECERTIFICATION
On Friday, March 26, 2010, SFI filed suit in the United States District Court for the Southern District of Indiana against Impact Racing, LLC, based upon evidence SFI has received regarding Impact’s manufacture and use of counterfeit SFI conformance labels and patches. Such actions by a manufacturer directly violate its obligations to the SFI program. SFI took similar action when it joined in Hans Performance Products’ lawsuit against Impact due to Impact’s manufacture and use of counterfeit Hans helmet clips. In that case, Impact counterfeited the clips and inscribed an SFI rating on the clips without SFI knowledge or approval. As in the Hans clip case, SFI is asking for another Temporary Restraining Order and Preliminary Injunction against Impact. SFI is also seeking monetary damages. Please see SFI’s web posting of March 26, 2010 for more details on the basis for SFI’s position. At this time we do not know the exact extent of these counterfeiting activities, but through the litigation process we hope to learn all the details. During the years that Impact was using the counterfeit labeling, it was also obtaining authentic patches and labels from SFI. At this time SFI does not know how many products have counterfeit labels and patches and which ones have authentic labels and patches. Therefore, it was unfortunately necessary to decertify all the products manufactured by Impact pursuant to SFI specifications 3.2A, 3.3, 16.1 and 16.5. Please note that Impact helmets are not affected by this decertification.
It is important to keep in mind that any such use of counterfeit labeling is in violation of the SFI specification programs. Whether it involves counterfeit helmet clips or counterfeit labeling, such activities can undermine the integrity of the product ratings system that exists in motorsports. This system depends upon trust. If this system is damaged, all of motorsports can suffer the consequences. Manufacturers that agree to the SFI specification programs must meet rigorous and strict requirements. Those stringent standards are in place first and foremost to promote safety and product reliability. Racers and sanctioning bodies must have confidence in a manufacturer’s representation that its products are in compliance with SFI requirements. The conformance label is a manufacturer’s solemn statement to the racing community that it followed the rules in bringing its product to the sport. When this trust is violated, the racing community suffers. The level playing field for other manufacturers becomes uneven. Sometimes the consequences of a breach of trust are severe and can hurt innocent victims. This is why it is so critical that manufacturers follow the ratings system at all times.
SFI will continue to update the racing community as more information becomes available.
For a downloadable .pdf of this update, please click on the following link: Impact Decertification Update 03-29-10.
March 26, 2010 - NOTICE OF DECERTIFICATION; NOTICE TO CEASE AND DESIST AND TERMINATION OF ALL CONTRACTS OF PARTICIPATION ISSUED TO IMPACT RACING
SFI Foundation, Inc., has issued a Notice of Decertification; Notice of Cease and Desist, and a notice terminating all Contracts of Participation to Impact Racing. Effective April 27, 2010, all products manufactured and/or distributed by Impact Racing pursuant to SFI Specification Programs 3.2A, 3.3, 16.1, and 16.5 are decertified. Evidence obtained by SFI shows that over a period of years Impact Racing has engaged in the production and use of counterfeit SFI conformance labels and patches, and affixed them to Impact products for use in motorsports. Under the Contracts of Participation between SFI and Impact, SFI conformance labels and patches may only be obtained from SFI and no other source. Evidence shows that Impact had counterfeit SFI labels and patches made in Asia and then affixed them to Impact products it distributed to members of the racing community. To SFI’s knowledge, Impact never advised its customers that its products contained phony SFI labels and patches. Impact never advised SFI of its systematic and longstanding practice of counterfeiting and distributing SFI patches and labeling.
Impact has been directed to cease and desist from this practice. SFI has directed Impact to immediately notify all affected customers to remove the counterfeit labeling and to offer the affected customers a full refund of the purchase price. SFI is requesting that all counterfeit conformance labels removed from Impact products be sent to SFI.
SFI has elected not to decertify these products immediately in order to minimize the potential hardships to members of the racing community that have been brought about by Impact’s counterfeiting activities.
SFI has also elected to terminate all Contracts of Participation with Impact Racing effective 90 days from March 24, 2010. Under the terms of the Contracts, either party may terminate the agreements without penalty upon 90 days notice. This means that Impact will no longer be able to participate in any SFI programs after this 90 day period.
SFI has taken these actions in the best interests of the safety and integrity of the racing community. This is in keeping with SFI’s mission and purpose.
For a downloadable .pdf of this notice, please click on the following link: Decertification Notice 03-26-10.
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