Dear Mr. McKibben,
Thank you for your questions and interest in Underwriters Laboratories (UL).
UL is a company that evaluates products to established UL Standard for Safety and if we find the product complies with the applicable requirements, the product is eligible to bear the UL Listing Mark. We do not prevent any company from bringing products to market. If Festool wants to mark their product with the UL Mark (or any other's safety agency's Mark) all they need to do is open a project and have the product evaluated for compliance with the Standard for Safety.
UL Standards are not just documents that UL writes and companies have to comply with. UL Standard for Safety are developed by Standards Technical Panels (STP) that represents a cross-section of stakeholders affected by the product's manufacture, sales and use. These STP would include Producers, Testing Organizations, Supply Chain representatives, Code Authorities, Government Officials, Consumers, Commercial/Industrial Users and International Delegates. The STP decides what is "safe" and works to keep up Standards current with changes in product designs. Standard requirements are not arbitrary, but rather decisions based on bringing experts together to keep the user safe. We work closely with the US Consumer Product Safety Commission to ensure we have up to date information on accidents to ensure the safety addresses risks associated with products.
In addition, there is nothing preventing Festool from bringing their product to the US market anyway. UL Listing is not a legal requirement to sell or import products in the US.
If you have any further comments or questions, please don't hesitate to contact us.
Regards,
Wayne Benns
Senior Customer Service Engineer