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Impact Racing reaches agreement over safety labels

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Bill Simpson's Impact Racing LLC reached an agreement Thursday with an industry-certification group that will allow the company to continue selling race car safety gear made this year and last.

Impact and the SFI Foundation Inc. issued a joint statement after a hearing in federal court. The two sides agreed that no counterfeit SFI conformance labels have been used in 2009 and 2010, and all Impact products made and sold during those years meet SFI specifications.

SFI maintained its decertification of Impact products, excluding helmets, made before 2009.

Based in California, SFI is the not-for-profit organization that sets minimum performance standards for motorsports equipment. It filed a lawsuit on March 26 in U.S. District Court of southern Indiana claiming that, between November 2005 and August 2008, Impact hired an Asian manufacturer to produce look-alike SFI labels. The lawsuit, based on an affidavit from former Impact employee Darren Swisher, says the counterfeit labels were put on seatbelts, arm restraints, fire suits, head socks, gloves and boots.

According to Thurday's joint statement, Impact and SFI are cooperating to resolve "issues" that led SFI to decertify products made between 2005 and 2008. The company and SFI are also cooperating to determine whether any Impact products bear a counterfeit label, and whether there are any safety issues with products made before 2009.

If customers find products that lack a manufacturing date, they are supposed to call Impact, which will verify the date of manufacture. Impact will also notify SFI of those instances.

SFI's move to decertify Impact Racing's current product line threatened the business because the gear would be unusable at any track requiring SFI cerification. Track requirements vary, but SFI's reach in the racing world is extensive. The body includes 93 member manufacturers and affiliates, including NASCAR and the National Hot Rod Association.

“Impact strongly denies it's done anything wrongful. Its products are safe,” Ed Harris, attorney at the Indianapolis office of Cincinnati-based law firm Taft Stettinius and Hollister LLP, said on Wednesday.

After the Thursday meeting with SFI, Harris said, "They agree, we're back in business."

Simpson started Impact Racing in 2002 after fending off rumors that a seatbelt made by his former company, Simpson Performance Products, played a role in Dale Earnhardt's death. The NASCAR driver died after a crash in the final lap of the 2001 Daytona 500.

Impact has its headquarters and a showroom at 1531 Northfield Drive in Brownsburg and factory stores in Mooresville, N.C., and Irwindale, Calif., according to the company Web site. The site includes video of the famously demonstrative Simpson set ablaze in one of his own racing suits to show its protective qualities.

Before the Earnhardt controversy, Simpson was known for inventing the parachute that slows drag-race cars. Harris would not disclose other details about Impact, including the current number of employees.

SFI's counterfeit-label claim is not the only such allegation Simpson faces. Hans Performance Products,  an Atlanta company that makes head and neck restraints, says Impact hired an Asian manufacturer to copy its helmet component, then sold and distributed it under the Hans logo.

Hans' parent company, the privately held Hubbard/Downing Inc., filed a suit in September in federal court in Atlanta. The SFI Foundation joined that suit as an intervening party.

Hans CEO Mark Stiles said it took a court order to stop Impact from selling the look-alike components.

“We were surprised to have to take the action we did,” said Stiles, who noted that Impact has become a significant player in the dirt-track and drag-racing market.

Hans makes a neck restraint that rests on the driver's shoulders and attaches to either side of the helmet with a tether and metal posts or clips. The company doesn't make its own helmets, so it distributes the helmet posts through authorized manufacturers. Stiles said Impact is not one of those manufacturers.

A former Impact manager tipped Hans off to the copies, and the company says it easily found them in use at several NASCAR tracks. The counterfeits were distinguishable, Hans claims, because they were made with a non-magnetic metal.

A deposition recently filed in the case quotes Simpson admitting that the components Impact used on its helmets were “copies.” “The only reason ... why they would be counterfeit is because somebody put 'HANS' on there,” he said, according to court records.

Despite the allegations, Simpson has some loyal customers. Mike Hull, managing director at Target Chip Ganassi Racing, said his drivers and crew use Impact fire suits and other gear. “There's nothing wrong with the quality of his product, or the safety of his product.”

Hull was aware of both lawsuits, and he said he didn't think Simpson would order up counterfeit goods.

“Safety is one of those things, you just don't do things like that. You make sure your product is above the mark all the time," he said. "You have to abide by industry standards. You try to go past that with everything you do.”

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  1. liek the rest of America

  2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

  3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

  4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

  5. whoa!

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