CPSIA – Washington Times Bashes Waxman CPSIA Hearings

THE WASHINGTON TIMES (Sept, 10, 2009) EDITORIAL: Waxman stifles dissent The House Committee on Energy and Commerce will hold a sham of a hearing today on the deleterious effects of the misguided Consumer Product Safety Improvement Act of 2008 (CPSIA). The hearing is a sham because Chairman Henry A. Waxman, California Democrat, has refused multiple requests for testimony from small-business owners, consumers or anybody other than government officials. Instead, the sole witness will be new Consumer Product Safety Commission Chairman Inez Moore Tenenbaum, who started her job less than three months ago. When the legislation at issue is creating havoc among those being regulated, it’s hardly constructive to hear only from the regulator. And when the regulator barely has had time to find her bearings, the value of her testimony, unleavened by any other viewpoints, is diminished even further. The Consumer Product Safety Improvement Act sets extremely low limits on the lead content of any component of any product sold primarily for use by children, bans a common ingredient used to soften certain plastics even though multiple independent tests have concluded that the chemical is harmless, and makes it a criminal violation even for charities or garage-sale participants to resell any product ever recalled by its manufacturer. It has cost charities such as the Salvation Army dearly and has caused bookstores and libraries to pull treasured children’s classics off their shelves. As far back as March, staffers of the commission itself wrote to Rep. John D. Dingell, Michigan Democrat, urging multiple changes to the new law. Among the many changes they suggested are: first, to make the law not retroactive to products manufactured before the law was passed and, second, to allow the commission to issue common-sense exceptions to the law for certain products (mini all-terrain vehicles, for instance) clearly not likely to cause lead ingestion. The Handmade Toy Alliance wrote to Mr. Waxman on Sept. 4 asking for a broader hearing, saying its members “do not believe [Mrs. Tenenbaum] can represent the full scope of CPSIA’s impact on responsible American small business.” As far back as March 6, the two Republican leaders on the full committee and relevant subcommittee — Rep. Joe L. Barton of Texas and Rep. George Radanovich of California, respectively — wrote to Mr. Waxman asking for a meeting so the “committee can spend a morning listening for the first time to honest people who don’t belong to influential organizations and who can’t afford to hire lobbyists, experts or spokespeople.” On Sept. 8, the two congressmen wrote to the chairman again: “We are concerned, however, that a hearing presenting only the opinions of Chairman Tenenbaum, without a second panel of witnesses representing family-owned retailers, tribal stores, toymakers and other affected parties, is very unlikely to cover the surprising and distressing practical problems that have arisen in connection with the implementation of the new law.” Mr. Waxman never responded to that letter. “The Energy and Commerce Committee is aware of the letter and is taking the request under consideration,” a committee spokesman e-mailed The Washington Times yesterday. Somehow, we doubt an invitation to outside parties will be issued by the meeting’s 10 a.m. start. A follow-up hearing is warranted. As the old expression goes, the committee ought to “get the lead out” by holding that hearing soon.

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CPSIA – Washington Times Bashes Waxman CPSIA Hearings

CPSIA – How to Listen to Today’s Hearing

The video for the hearing has not yet been posted online to my knowledge. You can listen to an audio feed at this link . The hearing starts at about 36:30 and runs until 2:08:30. There is a recess (with background chatter) until 2:56:25 and concludes at 3:19:02.

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CPSIA – How to Listen to Today’s Hearing

CPSIA – Update on CPSIA Hearings – Letters

Wednesday, September 9, 2009

Some interesting news items relating to tomorrow’s exciting hearings at the Subcommittee on Commerce, Trade and Consumer Protection featuring the testimony of CPSC Chairman Inez Tenenbaum:

a. Rep. Joe Barton and Rep. George Radanovich wrote a letter stating their concern over the lack of small business witnesses at the upcoming hearing. Seems reasonable to me. This letter was highlighted in a BNA article today entitled “Commerce Panel Republicans ‘Concerned’ CPSC Oversight Hearing Lacks Balance”.

George Radanovich wrote another letter in advance of the hearing giving hints about what to expect tomorrow. Rep. Radanovich’s letter sets out a list of questions that he asks Ms. Tenenbaum to be prepared to answer. There seems to be a lot to discuss tomorrow. Watch for the interplay between these questions and previous testimony given by the CPSC to Rep. John Dingell last Spring.

b. We have today submitted more than 110 letters to Reps. Waxman, Rush, Barton and Radanovich submitted by you, the readers of this blog, protesting the incomplete consideration of the issues caused by this law. I have posted these letters here (group letters) and here, here, here and here (letters to individual legislators).  This is a great expression of democracy in action. If, by some twist of fate, the Democrats decide to listen for a change, you will know you played an important role in bringing about change. Hopefully, before it’s too late.

c. To complete the sense of circus, our dear friends, the consumer groups, decided it was time to issue some press releases to spread their propaganda. I have posted their pearls here and here plus a letter to Rep. Rush and Rep. Radanovich here. This disturbing set of documents continues to promote misleading notions about the law and safety itself. It is hard to read them and believe protecting consumers is their mission, as opposed to politics.

I frankly don’t have the time or energy here to rebut their many misleading remarks (or worse). Here is a short list of objectionable claims from these documents. The answer to these claims has in many or all cases been discussed in this space previously.

- The CPSIA “equipped the agency with the authority it needs”.
- Children’s products will be “safer” because now they must be tested before sale.
- Children will be “safer” because the use of phthalates in children’s products is now banned.
- The CPSIA empowers “the CPSC to exempt certain materials from the testing and certification requirements, and to relieve those manufacturers of products that are in no danger of violating the new standards.” [Exemptions under Section 101(b) are ONLY possible for mateirals that cannot EVER possibly violate standards. No discretion is possible under the law. This is a FACT.]
- The stay on mandatory testing under the CPSIA allows companies “more time to come up to speed on the new rules”.
- The basis for the CPSIA was “too many dangerous [imported] products . . . on store shelves, some seriously harming, and even killing, their customers”.
- “The CPSC had neither the funds nor the regulatory authority to effectively solve these problems. . . .”
- “Consumers lost confidence in our product safety net because of the many recalls of children’s products and the numerous deaths and injuries posed by those products.”
- “[T]he CPSIA turned voluntary standards for toys and other juvenile products into mandatory requirements which will help to ensure that those products meet safety standards.” [Ms. Tenenbaum has publicly stated that voluntary standards are effective and work well. The statement made by the consumer groups appears to be factual but is actually only their political platform.]

And . . . according to the propaganda sheets, the following items are apparently “myths”:

- CPSIA deadlines were unrealistic
- CPSIA provisions . . . make it harder to do business.
- CPSIA has to be changed through additional legislation to address business concerns about expensive testing and exemptions of certain products.

Finally they cite the AAP’s uncontested but highly misleading testimony about lead. As you may recall, this testimony prompted the assertion that with its “perfect legislative process”, the CPSIA was perfect, too, and thus would not be reopened. I have rebutted the AAP testimony on more than one occasion, most notably here.

You will be able to watch the hearing online at the website of the Subcommittee. Try this link and if it doesn’t work, check out the website of the Subcommittee for a better link.

Letters:

Rep. Joe Barton and Rep. George Radanovich letter

Rep. George Radanovich letter

Waxman letter

Rush letter

Barton letter

CPSIA – Trading on Melodrama

From Timothy Carney of The Washington Examiner, in his September 4 opinion piece on the CPSC ill-considered and contemptible “Resale Roundup”: “’Those who re-sell recalled children’s products are not only breaking the law, they are putting children’s lives at risk,’ said CPSC Chairman Inez Tenenbaum. ‘Resale stores should make safety their business and check for recalled products and hazards to children.’” I am not in favor of encouraging the sale of recalled products, but I think this is over-the-top and inexcusable (even for a rookie). In one quote, Ms.

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CPSIA – Trading on Melodrama

CPSIA – Your Vote Really Matters

I need your help figuring something out. I was thinking about lucky Mattel and its seven certified internal testing labs. Since safety test reports are not the same thing as safety itself, I believe it is likely that some items tested in the Mattel proprietary labs will someday be recalled.

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CPSIA – Your Vote Really Matters

CPSIA – Washington Times Trashes CPSC’s "Resale Roundup"

THE WASHINGTON TIMES Thursday, September 3, 2009 EDITORIAL: From yard sales to jail yards When federal agents can swoop down on your personal garage sale and arrest you for selling the wrong old doll, this is no longer the land of the free. Yet just such a scenario is possible because of a campaign called Resale Roundup, which stems from last year’s jobs-destroying Consumer Product Safety Improvement Act.

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CPSIA – Washington Times Trashes CPSC’s "Resale Roundup"

CPSIA – CPSC, An Award-Winning Agency!

Ever have a bad day and solve the problem by giving yourself an award? World’s Greatest Dad, perhaps

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CPSIA – CPSC, An Award-Winning Agency!

CPSIA – Car Seat Lead Poisoning Hoo-hah

Perhaps you heard that there have been six cases of lead poisoning by car seats in Maine. Sounds ridiculous, right

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CPSIA – Car Seat Lead Poisoning Hoo-hah

CPSIA – People are Starting to Notice . . . .

According to a new Pew poll , the current Congress is the least popular Congress in 24 years.

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CPSIA – People are Starting to Notice . . . .

CPSIA – Small Business: We’re On Our Own, Baby!

Rumorville has it that the Waxman-dominated House Committee on Energy and Commerce will hold long-awaited hearings on the CPSIA on September 10.

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CPSIA – Small Business: We’re On Our Own, Baby!

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