Impact SFI Decertification

#1

Just a FYI. Not sure where this going…Eric

SFI Notice to Decertify Impact Racing Products
SafeRacer has never sold any Impact Racing products, but we know a lot of our customers and friends have some items from Impact. This note is just to make you aware of Notices that SFI posted yesterday concerning items they certify from Impact Racing. Please review the note from SFI, notice the Effective Date and be prepared to act accordingly.
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.

#2

Wow. That Simpson guy is having a rough time of it.

I just recertifed my Impact belts 3 weeks ago. And then sold them on Ebay. Kind of a bummer for the buyer.

#3

I feel really bad for any of you who have Impact stuff. This could be very costly for y’all if things don’t get worked out soon.

I was looking at Impact’s Facebook page and it appears they a legally challenging SFI’s statement. They don’t seem to dispute their claim about the tags. Just the action and wording…

[quote]from Facebook:
“Impact is legally challenging this proposed action by SFI. Impact strongly disagrees with the statements on SFI’s website. This is a dispute over SFI tags. Our products are certified. They are safe, and we stand behind them.”[/quote]

Between the known HANS posts fakes and the bogus tags, I’d put the powers of social networking to work and pressure them to give a full refund on anything I had of theirs [color=#A7A7A7](lucky for me I didn’t buy any of their stuff… but I almost did)[/color].

http://www.facebook.com/?ref=home#!/pages/Impact-Racing/119355234133?ref=ts

I hope this will quickly resolve itself one way or another… but something tells me this is going to drag on. SFI’s statement sounds like they are pissed off and aren’t going to move towards a resolution. And Impact sounds like they aren’t going to willingly accept SFI running them out of business.

Would be nice to hear what you lawyers think.

#4

Impacts current full response

http://www.impactraceproducts.com/

#5

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.

#6

Hmmm…

I make 100 widgets. I send one to SFI to check out and they agree that it’s ok. I then buy 50 tags from SFI, and phony up 50 more tags on the cheap. Then I put the tags on the widgets and sell them.

So it’s not that I’m making unsafe stuff, it’s that SFI is pissed at me because I didn’t buy 100 tags from them. And now that I’m caught I’ve punked my customers who had thought they were paying $$ to a straight up outfit.

My new helmet is an Impact. Whew, I barely dodged the bullet on that one.

#7

Ranger wrote:

I guess you didn’t hear about that whole “fake HANS anchor” issue Impact had a couple months ago?

#8

Ranger wrote:

[quote]Hmmm…

I make 100 widgets. I send one to SFI to check out and they agree that it’s ok. I then buy 50 tags from SFI, and phony up 50 more tags on the cheap. Then I put the tags on the widgets and sell them.

So it’s not that I’m making unsafe stuff, it’s that SFI is pissed at me because I didn’t buy 100 tags from them. And now that I’m caught I’ve punked my customers who had thought they were paying $$ to a straight up outfit.

My new helmet is an Impact. Whew, I barely dodged the bullet on that one.[/quote]

My 2 cents: if they are willing to skimp on a $3.00 tag, they are bond to have cut a few other corners. Not to mention a year or 2 ago they were selling bad HANs anchors (I think both Rankin and Turnipseed both bought bogus sets from Impact).

This is just a bad situation :angry:

I smell class action

#9

Ranger wrote:

Are the Impact helmets still certified?

edit: I just read the post again. Helmet are still certified.

#10

Steve D wrote:

[quote]Ranger wrote:

I guess you didn’t hear about that whole “fake HANS anchor” issue Impact had a couple months ago?[/quote]
I’m good. In order to ensure compatibility I bought the fake HANS.

#11

latest in the saga …
http://www.sfifoundation.com/PressRelease04-01-10.pdf

#12

OK, you’re good if you bought your Impact gear within the decertification litigation. :expressionless:

#13

there was a follow on press release in September (that I just saw)

September 3, 2010 - JOINT PRESS RELEASE - SFI Foundation and Impact Racing are pleased to announce they have resolved their differences. Impact will remain a participant in the SFI programs in exchange for certain consideration and under revised contracts. The parties look forward to a constructive working relationship to benefit the racing industry and to promote the safety of its participants. Impact agrees and accepts that the SFI specifications are state of the art and promote a high level of safety and performance in the auto racing industry. Impact acknowledges that in prior years it did not fully comply with SFI’s specifications, however these problems have been resolved. The terms of the agreement between the parties are confidential.