CPSIA – Commission Delays Vote on Lead Content Stay for One Day

In this morning’s hearing on extending the testing and certification stay (the “Stay”), the Commission opted to carve-out lead content from the Stay. The decision on how to handle lead content under the Stay is docketed for a ballot vote tomorrow. [Just to clarify, other aspects of the Stay were extended today including situations where the rules and certifications have not been completed, such as ASTM F963 and phthalates.]

Frankly, the demise of the Waxman CPSIA amendment throws a HUGE curve ball at the Commission. Now that Waxman’s fractious process derailed his attempt to “fix” the CPSIA, however ham-handed that attempt may have been, it seems that change is in the air. Will the Commission plunge on ahead with its big decision as though nothing has changed? Your guess is as good as mine. Unfortunately, things are happening so fast that events are literally overlapping – the news about the dead amendment came as the CPSC was completing its morning hearing. It seems to me that the Commission must now take even more time to carefully consider its next steps – this historic opportunity to force common sense change should not be squandered.

It seems equally important that the Commission reject partisanship and pull together, even if it takes more time and more debating (off-line and in the public eye). The poisoned partisan atmosphere of Waxman’s House Energy and Commerce Committee sadly seems to have migrated to the CPSC Commission. In today’s hearing, Commissioner Northup called for more effort by the Commission to reach 5-0 votes. What a timely call THAT was! The failure of the Waxman amendment can be interpreted as Congressional rejection of partisan control of safety by the Democrats alone. Over the course of the past year, partisan hubris led to extremism, culminating in a small number of Democrats co-opting the law as self-appointed defenders of the “will of Congress”. Safety belongs to everyone – it’s not political. The call to action now is for the Commission to act as one. Whatever damage the Waxman fiasco caused to working relationships needs to be rapidly repaired through the individual leadership of the Chairman and the other Commissioners.

The Commission has balloted Anne Northup’s motion to delay lifting the Stay on lead content until six months after the issuance of the so-called “15 Month Rule”. This proposal, acknowledged by Inez Tenenbaum to be based on “common sense”, is not likely to be adopted without a gentle shove. Ms. Tenenbaum herself stated that manufacturers had asked for a “date certain” when the Stay would be lifted. [One can only hope that she was confusing a reasonable request for certainty, as in knowing what the rules are and when they will be imposed, with a request for a deadline. I cannot imagine who would demand a compliance deadline from the CPSC without knowing what the rules actually are, and if such a (neurotic) person exists, I would like to speak to him/her to better understand WHY they think this would be helpful.]

Even more worrisome, Commissioner Bob Adler contended that “Congress” wanted to be sure that everyone is in compliance with the law. [This personification of Congress is very troubling, especially since the Waxman fiasco makes clear that the original CPSIA votes no longer reflect the will of Congress today - or else how was an amendment by the powerful Henry Waxman stopped? This kind of thinking needs to be revisited.] Mr. Adler further asserted that based on feedback from small manufacturers, the most serious concern today is component testing which will be addressed by the CPSC’s new interim enforcement policy. Adler was rather dismissive of the market impact of the 15 Month Rule beyond component testing and he even asserted that the VAST MAJORITY of manufacturers would be “just fine” with lifting the Stay today if they got effective protection for component testing. I question Mr. Adler’s research on this point.

The lines are drawn for tomorrow’s fight. Mr. Adler has stated a preference for a date certain of August 14, 2010 for full implementation of the testing and certification rules. Ms. Tenenbaum says she would vote to extend the Stay again if the 15 Month Rule is not completed by August 14, thereby signalling her approval of Mr. Adler’s formulation. [Market chaos be damned?] Mr. Moore generally follows the party line so you can count him in, too. If the Dems don’t move off these positions by tomorrow, we are looking at a date certain of August 14 for lifting the Stay on lead content. This would sadly be more of the same. [Makes you wonder why we all took two days out of our lives to go to the CPSC to give comments at last week's 15 Month Rule workshop, or even more bizarre, why the CPSC called for comment letters on the 15 Month Rule by January 11 - if the Commission is seriously thinking of voting tomorrow to lift the Stay without considering ANY of this input. So - which process is a sham, the workshops and the comment letters, tomorrow's vote, neither . . . or both?]

The problem with the August 14 “date certain” proposal is that the following matters have not been resolved:

• Testing frequency
• Component testing
• Re-testing requirements
• Sampling requirements
• ASTM F963
• Lab certifications

It was noted in today’s hearing that only EIGHT certified laboratories have been approved for lead content in children’s non-metal products, three on the West Coast and the rest overseas. Here’s the list:

1. Bureau Veritas (three China lab locations)
2. CTC Group
3. Intertek (two China lab locations)
4. Istituto Italiano Sicurezza Dei Giocattoli S.r.l.
5. MSR Laboratories, LLC
6. SGS (one China lab, one U.S. lab, one India lab location)
7. Specialized Technology Resources Ltd. (one China lab location)
8. Union Technology Research & Service Center

For perspective, consider these long lists of locations for three leading labs: SGS (worldwide), Intertek (China list only) and Bureau Veritas (China list only). That’s just the tip of the iceberg of the testing market (admittedly not all of these labs focus on or serve the children’s product industry). One lab we use, not on the above list, reportedly can’t seem to get someone from the CPSC to visit them to certify them for lead content testing. It’s understandable – the effort to process all these (pointless) certifications is taking a lot of the agency’s resources and time. The CPSC is just not ready to manage this enormous bureaucracy even 16 months after passage of the law. Eight labs to serve the worldwide children’s product industry for access to the U.S. market by August 14 – that’s a BAAAD joke.

With the Waxman amendment behind us, the Commission has a great chance here to focus its efforts in the right direction. The recent Omnibus Appropriations Bill (H.R. 3288) contains these instructions: “The CPSC is directed to assess enforcement efforts of [CPSIA] section 101(a), including difficulties encountered, as well as recommendations for improvement to the statute, and to report to the House and Senate Appropriations Committees, as well as the House Energy and Commerce Committee and the Senate Commerce, Science, and Transportation Committee, no later than January 15, 2010.” This report should be the focus for the Commission at this time. The Stay is secondary to this historic opportunity, and as such the Commission should not get caught up in the moment. MANY legitimate concerns have been raised by manufacturers relating to the lead content aspects of the Stay. We are not all guilty until proven innocent – why can’t these valid doubts justify taking the time to “do this right” (as Ms. Tenenbaum called for in a November hearing)?

With change in the air, the Commission needs to seize the moment and lead us out of the wilderness by calling for a technical amendment to the law. The January 15 information request is the golden opportunity. The agency should not simply respond with something designed to please Henry Waxman – that would fumble the ball. Instead, the agency must offer up suggestions designed to meet the will of Congress expressed this week – namely, a proposal to fix the flaws in the CPSIA while providing reasonable protection to children.

It’s time to do the hard work. I am ready to help – are you?

Read more here:
CPSIA – Commission Delays Vote on Lead Content Stay for One Day

CPSIA – Waxman Language Dropped from Defense Bill

In a triumph for rationality (?), the Waxman CPSIA amendment has been DROPPED as an attachment to the Defense Appropriations Bill. It is dead and will not become law (the bill is posted on the House Rules Committee page and does not include this amendment). The people have spoken! Apparently, no one particularly liked the process dreamt up by the Waxmanites, and with full rebellion by various industry groups, certain CPSC Commissioners, other House Democrats, the Senate and of course, the slighted Republicans, the language was killed.

Notably, the very fact that Waxman himself proposed this amendment is a strong concession that something needs to be done legislatively to fix the law. This is also an acknowledgement from the top that the CPSIA can’t be fixed by the CPSC alone. Furthermore, it is clear that the language didn’t go nearly far enough to address the many well-known issues or put the CPSC in a position to take sensible steps to fix the mess. Finally, I sense a growing desire among legislators to work cooperatively and in a bipartisan way to fix the law. Perhaps more than a year of vicious fighting is wearing everyone down. Let’s not forget that the CPSIA was originally the product of bipartisanship. The withdrawal of the Waxman amendment is a strong vote AGAINST poisonous relations across the aisle, at least as it relates to safety.

Because of its evident flaws, the demise of the Waxman amendment is a very positive development, although I would (of course) prefer to see the law fixed. But fixing the law needs to be done the right way. It’s time to move beyond message control and the false notion that any amount of lead is dangerous somehow like uranium. We are all adults here, and know that something less than an outright ban of trace levels of lead would work just fine to protect consumers. There may be legitimate consumer concerns over toy safety and the safety of other children’s products, but the CPSIA (a law borne in anger) is misconceived as a solution.

Perhaps this crash-and-burn will bring about real change. The best outcome would be an overall change in atmosphere. There is NO REASON that all the stakeholders must continually fight like cats and dogs. When it comes to safety, this is a particularly ridiculous situation. The common interest of all adults is to protect children – NO ONE opposes safety. However, the issues in safety are procedural and economic in nature, which must be acknowledged, and the solution is more complex than may be apparent. It is my belief that a reconsideration of the CPSC’s relationship with the market may provide the best “pop” for safety. A reinvigorated CPSC committed to industry outreach and partnership would work wonders. Rebuilding a genuine sense of mutual trust, rather than a mutual sense of fear and loathing, will provide the best long term protection of consumer interests.

This is NOT a pipe dream! In the wake of the demise of the Waxman amendment , we need to move forward TOGETHER to recast the law to facilitate the strength of the U.S. marketplace while protecting the legitimate interests and rights of consumers. No one needs to lose in this process. And a lot of jobs can be saved – if we act promptly and with insight.

Read more here:
CPSIA – Waxman Language Dropped from Defense Bill

CPSIA – Zhu Zhu Pets Win the Battle But Lose the War

In the modern game of forming public opinion by fanning fear, victory by over-zealous consumer groups and political zealots is all but assured. With an incurious media all too ready to fall in behind unfounded accusations, destruction wreaked by these defenders of our rights is hard to prevent.

I submit as evidence an article in today’s News Journal (DelawareOnline.com) entitled “Choose toys not only for fun value, but safety value” which continues the irresponsible and debunked attack on Zhu Zhu Pets. The article began:

“Zhu Zhu Pets may be the hottest holiday gifts for kids right now, but an investigation into whether the toy is dangerous was enough to deter Lilian Latan from buying one. Latan, who lives in Middletown, has two daughters, ages 6 and 4. She reads safety labels before buying toys and games and pays attention to investigations and recalls. ‘Especially with the 4-year-old, I still have to be very careful’ about her putting things in her mouth, Latan said. ‘I read everything about a toy, and if it’s small and if it’s something that looks like candy, I won’t buy it.’”

The article carries on:

“Still, there have been some high-profile recalls and investigations. The commission recently opened an investigation into the popular Zhu Zhu Pets after the consumer watchdog group GoodGuide reported that the toy hamsters contain higher-than-allowed levels of antimony. If ingested, the heavy metal can sicken children. Cepia, the maker of Zhu Zhu Pets, has disputed the findings.”

In fact, as you know, the CPSC cleared these toys last week. Oops!

This is a current news article. Apparently, the News Journal didn’t know that the CPSC cleared this toy, nor did Lilian Latan, the consumer. They both knew of the ironicly-named “GoodGuide” and its defective test report, however. That’s the problem.

This kind of damage is almost certainly irremediable. Zhu Zhu Pets lost Lilian Latan through no fault of their own. Even the highly-publicized efforts of the CPSC to stop the unfair damage to the year’s hottest toy couldn’t stop this permanent loss of goodwill and good reputation.

It’s time to tell the consumer advocates to stop the game-playing. The toy mania, ongoing for almost three years now, helped identify the abusive practices that we, the consuming public, must resist and oppose. While you are at it, demand more of your news outlets. Newspapers and other news outlets need to ask more questions and make sure they get the story right.

You don’t need to live in a tabloid world – make your opinions heard!

Read more here:
CPSIA – Zhu Zhu Pets Win the Battle But Lose the War

CPSIA – Hearing on Stay to be Webcast Tomorrow

The CPSC Commission will hold a hearing tomorrow in which they will debate the extension of the Stay on testing and certification, among other things. Here is the listing from the CPSC’s current public calendar:

Commission Briefing/Meeting

Wednesday, December 16, 2009
9:00 a.m.-12:00 noon (EST)
Hearing Room 420

Open to the Public
Matters to be Discussed
1) Pending Decisional Matters: (a) Interim Enforcement Policy on Component Testing and Certification (of Lead Paint and Content); (b) Commission Action on Existing Stay of Testing and Certification; (c) Final Rule Registration Cards
2) Lead in Electronic Devices
3) Mandatory Recall Notice Final Rule

A live webcast of the Meeting can be viewed at this link.

Read more here:
CPSIA – Hearing on Stay to be Webcast Tomorrow

CPSIA – The Latest Gossip

1. The CPSC issued a recall for 50 million blinds. This is one of the five largest recalls in U.S. history. More on this later.

2. The Waxman amendment has not been circulated to the House Rules Committee yet. This delay is supposedly related to last minute maneuvering among the Democrats and possible wording changes. Speculation is that Mr. Waxman may offer a few words, but no new concepts. Republicans remain on the outside involuntarily. In fact, even Senate Democrats are claiming to be marginalized by a process in which they were supposedly presented with a take-it-or-leave-it amendment on an hour’s notice by the Waxmanites. Apparently, Senate Democrats represent too much of a risk for Mr. Waxman and his “no discussion” motif for legislation. It’s all about control, not safety. I imagine Mr. Waxman was NO FUN in the sandbox as a kid . . . .

3. There is an interesting procedural sidelight to this amendment. The House has a rule prohibiting authorizing legislation on an appropriations bill. This rule can be waived, of course. The House Rules Committee apparently waives it (as a point of order) before the appropriations bill hits the floor for debate. [If you are asking yourself what the purpose of the rule is if it is waived as a matter of course, PLEASE try to maintain decorum out there. Mumbling to yourself is unbecoming!] The Senate has different procedural rules – it’s a bit more of a free-for-all. Rumorville has it that one miffed Senator is threatening to invoke a point of order against this appropriations amendment for being legislation. Will it happen? Perhaps. It also may be some form of negotiating ploy for different language. Will risk assessment rise from the dead? Don’t bank on it (you fat cat bankers!).

4. The Stay will be voted on by the Commission as early as tomorrow. What will they decide to do? Silence . . . . Again, rumors circulate that they will lift the Stay for certain products and certain rules,and continue it for others. The dimensions of what they will do is just not known. Your letters and emails have been read – but do they care? I guess we’ll see . . . soon.

Read more here:
CPSIA – The Latest Gossip

CPSIA – Missing the Point

I hate to beat a dead horse but something is amiss in the debate over safety policy in the community interested in the CPSIA debacle. As readers of this space know, Sean Oberle and I have engaged in a spirited exchange of views lately. In his latest short reference to me and my opinions, he criticizes my choice of words: “I stand by my criticism. I believe that certain words — visceral terms like terrorist, rapist, murderer — should be reserved for the actual perpetrators of heinous and brutal acts of violence. I believe that using them otherwise, no matter how justified the user’s anger, is inexcusable.”

I wanted it noted for the record that I have not used the terms “rapist” or “murderer” in this blog to my knowledge. “Terrorist”, certainly, but not those other terms.

Frankly, if I can dish it out, I have to be able to take it, so I have no problem with Sean having his own views on the subject of my diction. However, whether or not my words are offensive, the big issues in my blog do not relate to how I express myself. In this case, the issue I raised was the behavior of self-appointed public representatives (the consumer advocates) who wreak too much harm IMHO. To counter my clear argument with a continuing attack on my choice of words is to miss the point entirely.

I think the debate over safety and over the way we govern ourselves is just too important to be trivialized by arguments over whether I used a “bad” word. Let’s stick to the issues and try to resolve them. In this case, the consumer groups are misbehaving, seriously misbehaving. You have CEH turning in sandals for lead in the insoles, GoodGuide turning in Zhu Zhu Pets for failing an invalid test (and hyping an imaginary health risk that presents virtually no chance of causing harm to anyone), Illinois PIRG criticizing toys with lead levels above ZERO, and Kids in Danger promoting the notion that small companies are “the Trojan Horse” of big business and big chemical companies who are poised to swoop down and gut the law for their own benefit. The coordinated hype of these groups, irresponsible individually and collectively, is terrorizing the public, whether Sean Oberle likes the term or not. THAT’S the issue.

Feel free to ignore my words . . . but please heed my message.

Read more here:
CPSIA – Missing the Point

CPSIA – Waxman Amendment Update

A few tidbits:

1. The Waxman amendment is expected to be attached to H.R. 3326 Department of Defense Appropriations Act, 2010. It has not been added yet, but will be done just before it goes to the floor of the House, presumably sometime tomorrow. It is expected to appear on the House Rules Committee website at that time. Speaker Pelosi is apparently going to Copenhagen on Wednesday which is also expected to be the last day that the House is in session this year. Thus, this amendment is expected to pass into law by Wednesday as part of this unstoppable appropriations bill.
2. Despite a flurry of frantic back room conversations, there appears little likelihood of change in the pending amendment language or terms. Mr. Waxman’s staff is telling one and all that the amendment is the “best we can do” and if we don’t like it, too bad for us. As noted, this amendment was written unilaterally by the Democrats with the cooperation of the Democrats on the Commission and without even showing the language to the Republicans on the House Energy and Commerce Committee or on the CPSC Commission. Hearings, naturally, are OUT OF THE QUESTION. Nancy Nord commented on the Democrats’ slight today: “While the amendment is less than clear legislative drafting, with its passage, Congress does acknowledge, for the first time, what many of us at the agency have been saying for many months–the inflexible nature of the CPSIA has limited the ability of the CPSC to minimize the unintended consequences of the law–hurting product sellers and limiting consumer choice while not advancing safety. This amendment was drafted in a closed and partisan process, without input from relevant stakeholders and its shortcomings reflect this flawed process.” [Emphasis added.]
3. The subterfuge of Mr. Waxman and his allies on the Commission has resulted in almost no media attention to this critical amendment. The press has barely picked up on it (there was a tentative mention in the Product Safety Letter tonight, but that’s it as far as I can tell). This plays right into their hands by keeping the dissatisfied members of Congress at bay, something that’s not particularly difficult when there is so much attention diverted to “fat cat bankers” and health care legislation, among other things. Still, keeping it out of the papers helps quite a bit.

One can only hope that these tactics will backfire. This much appears clear – the legitimate interests of the regulated community, the well-documented issues of businesses (large and small) under the CPSIA, have been totally ignored. Only a small group of politically-connected industries had the power to jump the queue. Nice for them, but lousy for those of us left behind.

Read more here:
CPSIA – Waxman Amendment Update

CPSIA – Still Steaming Over Mr. Waxman and His Unilateral CPSIA Amendment

I am still trying to unpack what happened late Friday when the Waxman amendment to the CPSIA leaked out. Since the news is so fresh and so few of the actors have come forward to account for themselves, let’s be conservative and analyze only the most positive possible scenario:

• Mr. Waxman now accepts that some aspects of the CPSIA need to be fixed.
• Mr. Waxman now accepts that the CPSC cannot fix the law through rulemaking alone.
• Mr. Waxman is being a “good guy” and showing his “good faith” by allowing a change to the law.
• Ms. Tenenbaum believed that something is better than nothing and made a practical judgment to support the Waxman amendment as a step in the right direction.
• Ms. Tenenbaum concluded that fighting with Ms. Waxman might worsen the situation for the agency and for the victims of the law.
• Ms. Tenenbaum thought that getting an amendment now might open the door to more amendments later.
• Ms. Tenenbaum thought the Commission could use this “loophole” to ease pressure on at least some victims of the law.
• None of this affects the good vibrations that emerged in recent weeks with the CPSC who has noticeably softened its rhetoric and reached out to the regulated community to find amicable solutions to the perplexing issues caused by the CPSIA.

I think that’s about as sympathetic a portrayal as I can paint of the Waxman amendment and the way it was generated. With that sunny scenario in mind, how would I now interpret the events?

1. Waxman is in control, and will not relent. Both minority members of Congress and minority Commissioners have been largely disenfranchised for the future of this law. His need for control made impossible redress of the many other issues documented by the likes of resale shops, education companies and apparel-makers.
2. Waxman will dictate precisely the speed and dimension of fixes to the CPSIA. The pain and disruption in the market does not influence him. As the terms of the original law indicate, he does not regard economics as a factor in setting safety policy. [An economist would characterize this outlook as irrational.] Political pressure does influence him, hence the meager effort to appease the ATV and publishing industries. This amendment is consistent with the longstanding position of his staff – so there is little to indicate further flexibility. If you believe the “one bite at the apple” crowd, this is grim news and contradicts the concept above that one amendment might lead to other amendments.
3. Waxman has no intention to publicly debate the issues under the law. Likewise, he has no intention of possibly losing control of the discussion or the message. Given his stated interest in reforming the Toxic Substances Control Act, it remains critical to portray the CPSIA as a success and as an advance in regulatory “theory”. The Waxman amendment makes clear that the legitimate concerns of the regulated community are taking a permanent back seat to a political agenda set by consumer groups and the California contingent. Again, not good for us. . . .
4. The CPSIA is now clearly the Democrats’ law. Republicans have been exiled from the safety debate. It is shocking that party lines now define the children’s product safety debate since injuring children is not a political issue. Yet, any notion of bipartisanship has been crushed.
5. Whether for political gain, sympathy with the original design of the legislation or for practical reasons, the Democrats on the Commission have fallen in line with the Waxmanites. The teamwork on this amendment makes them appear to be allies. If this means that the Waxman views on implementation will also hold sway, it forecasts grim developments ahead for regulated companies.
6. The appearance of appeasement or even complicity by Ms. Tenenbaum is inescapable. Even in the friendliest interpretation of events, Tenenbaum comes out as a weak defender of the legitimate interests and concerns of the regulated community. And “common sense” seems forgotten. What kind of partner does that make her? Do her statements on consulting with stakeholders and open dialogue seem somehow self-serving now? Right now, it is very hard to know when or whether she will toss regulated companies overboard. This makes partnership with her difficult because you must give to get . . . now that the “get” is in doubt, how can the regulated community become comfortable with the “give”? I also think it’s reasonable to ask why Ms. Tenenbaum allowed this provision to be negotiated in the dead of night. That’s not how a partner behaves.
7. There is a BIG issue of trust within the Commission here. The very public way in which the Republican Commissioners received notice of their irrelevance will cause lasting injury to relationships. It is hard to see collegiality restored quickly on the Commission after this betrayal. Of course, I can’t help but recall the mantra repeated by many pro-CPSIA advocates – that the CPSC needs a five-person Commission. Doesn’t the amendment “process” expose this as a joke? If Tenenbaum and Waxman are going to ignore the Republicans, was Congress really saying that the CPSC desperately needed three Democrats in a majority position? Gosh, I think the Republicans that voted for the law might take issue with this . . . .
8. The inclusion of lead labeling for excluded items confirms the zealotry of the Waxmanites, the impotence of the resistance movement and the persistent disregard for the needs of innocent victims of this law. Of course, difficult-to-obtain exclusions are quite anti-small business, as are the lead labels. The labeling is even more incredible if you take into account that exclusions will only be granted in circumstances where the inclusion of lead will have virtually no conceivable health impact. So if the Chairman would sell us down the river with a useless and extraordinarily-limited amendment without addressing ANY of the other pressing issues or demanding the right of the Commission to assess risk, then what else can we reasonably expect from here on out?

That’s the $64,000 question, isn’t it? Frankly, this amendment and the behind-closed-doors process which excluded all corporate stakeholders and many political stakeholders, sharply erodes trust in all directions. Doing this behind everyone’s backs – during a two-day workshop purportedly designed to solicit stakeholder feedback and get everyone on the same page – seems remarkably disingenuous. You can safely assume many recent conversations in retrospect seem less than candid or straightforward.

To work out the difficulties with this law, leadership on the Commission (Democrats) and in Congress (Democrats) need to come to grips with the fact that the law is incredibly misconceived and destructive. The dream that the Precautionary Principle actually works to anyone’s benefit has been debunked. To cram down this noxious law despite the legitimate concerns of the regulated community will NOT snuff out opposition – but instead will inflame it. The problems won’t go away, and cannot be buried. The issues will fester and rot until addressed.

If the issues marbling the law are allowed to linger long enough, the Democrats can ensure lasting damage to the agency and market catastrophe. I will repeat myself: there is a legacy issue for Tenenbaum and the Dems – and having jettisoned the Republicans, it’s all theirs now. The CPSC can be rendered ineffective and wholly bureaucratic, with all the attendant damage that entails, or it can be restored to glory. The choice is theirs and the stakes are high. Interestingly, the regulated community will support an effort to restore effectiveness at the agency, but that will necessarily involved restoration of risk assessment and political independence at the agency. Hard to see Waxman going along with that.

Do we have the leaders for this effort on the Commission? Time will tell. Like everyone else, they will be judged by their results. You and I are along for the ride, whether we like it or not.

Read more here:
CPSIA – Still Steaming Over Mr. Waxman and His Unilateral CPSIA Amendment

CPSIA – More Details on Bogus Zhu Zhu Pet Scare

Forbes.com published a fascinating article about the Zhu Zhus by the editor of STATS.org, an affiliate organization of George Mason University. In this article, Trevor Butterworth thoroughly debunks the fear mongering of the so-called “GoodGuide” in their inept scientific “analysis” on Zhu Zhu Pets. Among other things, he compares the levels of antimony on the nose of the Zhu Zhu Pet with that of a mattress (antimony is found in certain flame retardants and has been carefully studied by the CPSC for this reason). His conclusion: “You would need to upgrade Mr. Squiggles from a hamster to a pet Ox and sleep on him for 8 hours a day for a decade to simulate [the] negligible exposure [in mattresses].” So the fact that “[d]epending on the level of exposure, antimony can lead to cancer, lung and heart problems and impacts on fertility” oft-repeated by an uncomprehending media in reporting on Zhu Zhu Pets is completely inappropriate. It has been put out there just there to scare you . . . or else the consumer advocates (protecting you!) have absolutely no idea what they are doing. Let me see, which makes more sense to me . . . that’s a tough call, frankly.

For the record, I believe the Zhu Zhu Pets scam was first exposed by the TheSmartMama.com in this post. Isn’t it ironic that a “green” activist is the one to expose the lousy work of the so-called “GoodGuide”? Jennifer Taggart has been an active and useful participant in the debate on the CPSIA. Apparently, the politics of keeping everyone so, so, so safe does not prevent her from standing with the victims of this law. Hmmm. Mr. Waxman, are you listening (or do you even care)?

To close this politically-incorrect essay, I want to again quote from Mr. Butterworth’s article in Forbes:

“In the face of unreasoning, unjustified terror, there is, perhaps, only humor. When the story broke about Mr. Squiggles in the United Kingdom, one American from Jacksonville, Fla., posted the following comment after a related news story: ‘Dear England, I must apologize for my idiot brethren in San Francisco. You see, in San Francisco they are afraid of everything. There is absolutely nothing that doesn’t terrify these people.’”

Can’t top that!

Read more here:
CPSIA – More Details on Bogus Zhu Zhu Pet Scare

CPSIA – CPSIA Casualty of the Week December 7

The Alliance for Children’s Product Safety’s “CPSIA Casualty of the Week” highlights how the Consumer Product Safety Improvement Act (CPSIA) is disrupting the U.S. marketplace in order to draw attention to the problems faced by small businesses, public institutions, consumers and others trying to comply with senseless and often contradictory provisions of the law. These provisions do nothing to improve product safety, but are driving small businesses out of the market.

Congress and the CPSC need to address the problems with CPSIA implementation to help small businesses by restoring “common sense” to our nation’s product safety laws.

CPSIA Casualty of the Week December 7

GOODGUIDE BIDS GOODBYE TO THE GOOD REPUTATION OF ZHU ZHU PETS

Cepia LLC, a small business that manufactures Zhu Zhu Pets, the hottest-selling toy of this holiday season, learned the high cost of success in the toy business last week when its reputation was smeared by an over-zealous consumer group, GoodGuide. The California-based consumer group launched a public relations attack on the “Zhu Zhu Pet” on December 5, claiming its “Mr. Squiggles” toy contained tin and antimony above federal standards outlined in the Consumer Product Safety Improvement Act (CPSIA). Word spread quickly via the media and blogosphere that Zhu Zhu Pets were “dangerous”, sending Cepia into a business and public relations nightmare through no fault of its own.

Credit the Consumer Product Safety Commission (CPSC) for acting swiftly. By Monday evening (December 7), the agency had investigated and cleared Zhu Zhu Pets and Cepia. Also on Monday, GoodGuide backtracked on its findings, acknowledging that it had inappropriately used an XRF gun to test the surface but failed to use the proper federal wet test methods.

While this product safety frenzy is soon to be forgotten by most, its cost and consequences for Cepia, a small business with fewer than 50 employees, are large. Yet this entrepreneurial shop has no recourse against GoodGuide, which clumsily seized on the wrong test data to create an illusion of toy company irresponsibility designed to scare consumers. There are no penalties under the law for unsupportable or misleading accusations by consumer groups – although manufacturers themselves are always at risk of CPSC penalties which can range as high as $15 million and which can be increased for perceived bad behavior.

Self-appointed consumer advocate attacks on children’s products have proliferated this Christmas season. This self-destructive atmosphere was, in part, created by the CPSIA and its reckless disregard for the use of risk in assessing safety. Yet Congress to date refuses to acknowledge problems with the law, and in a sad twist, these consumer groups who pushed to make the law as far-reaching possible in their zest to ‘protect our children’ now fight to keep common-sense from being written back into it. It’s time to set an example for the perpetrators of consumer group false alarms: Chairman Tenenbaum needs to tell Congress to allow CPSC to conduct risk assessment in implementing the CPSIA.

For more information, visit http://www.AmendTheCPSIA.com.

For more information, please contact Caitlin Andrews at (202) 828-7637 or e-mail caitlin.andrews@bgllp.com/

Do not accept the status quo! Tell Congress and the CPSC to restore “common sense” to our nation’s product safety laws.

Call CPSC and Congress.

Read more here:
CPSIA – CPSIA Casualty of the Week December 7

« Previous Page — Next Page »