NSF International has filed suit against the Certified Automotive Parts
Association (CAPA) and CAPA Executive Director Jack Gillis.
The NSF suit is in response to an open letter that Gillis, in his capacity
as CAPA¹s Executive Director, circulated to members of the Automotive Body
Parts Association on July 28, 2010. The suit seeks an injunction and damages
for false and misleading statements about NSF¹s Automotive Aftermarket Parts
Certification Program and other NSF programs, qualifications and abilities.
According to Robert W. Frayer Jr., director of NSF's Automotive Aftermarket
Parts Certification Program and Engineering, Gillis¹ statements were made in
an apparent attempt to harm NSF and NSF¹s 65-year stellar reputation for
protecting the public health and welfare, and to improperly imply that CAPA
is superior to NSF in connection to automobile part
verification/certification.
Gillis declined an opportunity to retract his letter and correct the record,
Frayer said. NSF International has filed this suit to protect its name,
65-year reputation for protecting and improving public health and safety
worldwide, and the integrity of the NSF Mark. The NSF suit alleges unfair
competition under 11 USC 1125 (a), common law unfair competition, violations
of Michigan¹s Consumer Protection Act, business defamation and injurious
falsehood. The suit was filed in U.S. District Court for the Eastern
District of Michigan, Southern Division case no. 10-13309.
CAPA is a direct competitor of NSF in the area of automotive parts
certification, and while NSF welcomes the competition, the company said the
competition must be in compliance with applicable law. NSF said it believes
CAPA's false and disparaging comments regarding NSF¹s qualifications and the
NSF Automotive Aftermarket Parts Certification program constitute unfair
competition under Michigan law.
ABPA Executive Director Stan Rodman wrote this to ABPA members when
informing them of the lawsuit, "We do not know what damage all of this legal
maneuvering will do to the cause in which we have always professed
bringing quality independently produced alternative parts to the
marketplace. Those who constitute our audience, especially the body shops
and the insurance underwriters, must be looking at some of those entities
which have long maintained a presence on the periphery of our industry and
wondering why now they would choose to become part of the gang which
couldn¹t shoot straight. Regardless, we all must live with the consequences
and the first part of any problem solving exercise is to know the
situation."
NSF is a not-for-profit, independent, public health and safety organization
and a leader in standards development, product certification, education, and
risk-management. Founded in 1944, NSF operates in more than 120 countries
worldwide and is committed to protecting human health and safety. NSF¹s
services include testing and certifying products and writing public health
and safety standards.
NSF International is accredited by the American National Standards Institute
(ANSI), the official U.S. representative to the International
Standardization Organization (ISO). NSF¹s testing laboratories are
accredited to ISO Guide 17025, the international standard for laboratory
accreditation. NSF¹s ISO 9000, QS 9000 and ISO 14000 management system
registration programs are accredited by the ANSI-ASQ National Accreditation
Board. NSF is one of the largest automotive registrars in the world. NSF
launched an industry first, parts certification program for front bumpers,
step bumpers, absorbers, rebars and brackets in early 2010, to counter the
growing concerns that lower quality parts were being used in the automotive
repair industry. NSF¹s Automotive Aftermarket Parts Certification Program
verifies that aftermarket auto parts meet rigid safety, quality and
performance standards through testing and inspections.
