CPSIA – ICPHSO Update on Strategic Plan Panel Discussion

Next up (after audio problems are “fixed”) is the panel discussion on the Strategic Plan. The panel includes:

• Ken Hinson, Executive Director (moderator)
• Matt Howsare, Chief of Staff to Chairman Tenenbaum
• Cheryl Falvey, General Counsel, CPSC
• Jay Howell, Director, Hazard Identification and Reduction, CPSC
• Richard O’Brien, Director, International Programs and Intergovernmental Affairs, CPSC
• DeWayne Ray, Dep. Dir., Hazard Identification and Reductions, CPSC
• Marc Schoem, Dep. Dir., Office of Compliance and Field Operations, CPSC
• Neal Cohen, Small Business Ombudsman, CPSC
• Scott Wolfson, Dir., Information and Public Affairs, CPSC

Update on rulemaking (CF): Final rules issued in 2010 – crib rule, database rule (launching on March 11), “Children’s Product” rule and the civil penalty rule. Also, the mandatory recall rule, infant walkers and bath seat rules.

Draft rules: bike standard, two 15(j) rules on substantial product hazard list (drawstrings and hair dryers), component rule, 15 Month Rule and bassinets.

Rules coming up: cadmium rule (deferred for six months), toddler beds, lead paint and HD-XRF test methods, bed rails, bunk beds, swings, bicycle rules, testing and certification rules, 15(j) rules, 100 ppm lead standard, and notice of proposed rules on play yards and another “safe sleep” initiative category.

[One thinks that after they regulate bunk beds swings, bikes and so on that all the fun will be gone from childhood, bringing to mind an effective cure for cancer (killing the patient). Well, at least kids can still play with rocks . . . . OMG, rocks have lead in them!]

JH: They intend to double the number of rules in place in 1990. [Nice! More rules, more safety!] Rule-making activity is “abating” but have a growing compliance and enforcement workload. The burden is “shifting” to the compliance team. Working with all stakeholders to make sure they are compliant. [Safety is not the word used but instead "compliant". The notion is that compliance is tantamount to safety. Anyone want to discuss this topic?]

Why did the agency take such a “collaborative” approach to the Strategic Plan? MH – The “comprehensiveness” of the collaborative process was incredible. Went through all sorts of “painstaking” efforts to interview so many people in this room. [Perhaps Matt is referring to Raachel Weintraub - who else needed to be consulted, after all?] The Strategic Plan reflects the “consensus” view of the agency’s strategy. The “collaborative” process was designed to guarantee “buy-in”. The Chairman’s focus under the Strategic Plan is the preventative portion. Spoke of Neal Cohen’s area as a focal point. [There's an insight - we small business people are the problem! Thank heavens Neal Cohen can educate up.]

MH also points to “boots on the ground” in China as another feature of the CPSC’s efforts to prevent disaster. He did not say what kind of boots those might be. Jackboots?

Tell us about small business ombudsing, Neal! NC: Start by listening. There’s a lot of confusion, and there are ways to use the work done by the CPSC “to your favor”. [Hmmm, I'd like to know more about that.] NC: I’m not a policy maker at the agency. [RW - that's the rub, ain't it?] NC: I am spreading the word about the problems within the agency. NC has his own website (www.cpsc.gov/sbo). Putting out “plain English” documents to explain the law and the rules. Three tips on compliance: (a) know your product and your supply chain, (b) proactively educate your suppliers, and (c) don’t “assume”. [This is sound advice. It doesn't protect you from anything, however. Were you to follow Neal's advice, it would count for NOTHING if you get recalled. It should but it won't.]

All kidding aside, people have nice things to say about Neal. What he can achieve remains to be seen, however. I have yet to hear about him making problems go away. Most of the problems people are dealing with are nonsense, so if he could move heaven and earth, I think I would start to hear about him going to bat and getting something done for these beleaguered little companies.

International (RO’B): No sign of harmonization efforts in Mr. O’Brien’s presentation. He is leading the effort to get other world regulators to join us in our safety mania.

Scott Wolfson’s turn – “What about consumers and how do they fit into this?” SW: Pool Safely Initiative shows what we can do if we have money to get our messages out. [How have injury statistics changed, Scott? WS: Won't know for years. . . .] Concerned about “sustainability” ($$$). We’re hitting the road to get the message out. Have built a network to get info out. Working on a new logo.

Scott did not update us on Aston Kutcher. Maybe during the Q&A . . . .

RW: This all sounds good as far as it goes. Of course, he does not discuss the impact of OTHER decisions his office makes, like communication of “hazards” like cords on baby monitors or recalls of Shrek glasses. It’s all well and good that the CPSC has a couple billboards up about pool safety, but what about the mania on lead and their communication of those hazards?

Why does the CPSC need to train manufacturers? Why is it the agency’s role? JH: There are various levels of sophistication out in the marketplace. To drive the prevention effort, need to make sure manufacturers understand the rules of the road. [RW - this is one of my original suggestions for the agency in my first speech on the CPSIA. Failures in outreach is one of the main causes of the storm behind the CPSIA.]

JH: We are focusing our efforts around priorities to increase impact and to avoid dilution.

Jay Howell usually sounds pretty sensible. It would be great if the agency sounded more reasonable more of the time. Perhaps Jay can be an agent in that process.

MS: Trying to reduce the time taken to negotiate recalls. [RW: Two-edged sword here, since the concept of due process is flying out the window with the justification that they are "saving lives".] MS: If you’re right, you’re right – just convince us. Also need to get information out to consumers quicker.

RW: This is agency policy talking, probably not Marc Schoem.

SW: We are going out on all platforms, like Twitter, news media, Facebook, blogs – multiple times. MSNBC is doing a monthly “round-up” of recalls.

There was time for only two questions from the audience. Filibuster! I got to ask one of them. Here’s my question:

“I have testified five times at the CPSC, three times at your invitation. I have repeatedly told you that your policies and the CPSIA together are killing small businesses, killing products and killing markets. Last week, the bicycle industry testified that large bike manufacturers have reduced their product lines and small companies have left the market. Given this testimony, what do you think the agency’s responsibility is to small business and how does the Strategic Plan relate to protecting the right of small business to sell children’s products?”

KH: That’s why we have had such a collaborative process in the Strategic Plan. We need to identify hose issues and figure out a solution. RW: But we’re dying now. KH: We do what we do and violative products have to come off the market.

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CPSIA – ICPHSO Update on Strategic Plan Panel Discussion

CPSIA – ICPHSO Presentation on CPSC Strategic Plan

You know they have a strategy . . . .

I am at ICPHSO for the next couple days, reporting from this safety convention “live” for the third year in a row.

As in the past, I am working “live” and off my notes, so take it for what it’s worth. I may make some mistakes (which I regret), but heck, this is a blog. According to my critics, you shouldn’t believe half of what I say anyhow . . . .

The Opening Session today featured Ken Hinson, the Executive Director of the CPSC. Ken is a relatively new addition to the senior staff of the agency.

Mr. Hinson argues that employment at the CPSC is directly correlated to safety. Reported incidents are skyrocketing, but investigations are declining. This statistic does not capture what the agency is DOING as a result of those investigations, notably.

The agency is “extremely excited” about the product database. One wonders what they are so “extremely excited” about, given the extensive testimony about the problems with the database. Wayne Morris of AHAM testified in Congress last week that when erroneous information is posted, as it certainly will be, there is NOTHING that can be done to remove it from the Internet. He compared the database to a “blog”. A blog! I testified in the same Congressional hearing that the effect of the database will be to encourage consumers to NOT communicate directly with us about product issues but instead to post to the database, and since the CPSC restricts our access to this data, it is likely that the database will INCREASE safety risks.

Lots to be “extremely excited” about, indeed!

The CPSC Strategic Plan is now online. I requested to be interviewed as part of the process of developing the Strategic Plan, as I was invited to do, but somehow they failed to call. Hmmm.

Five goals:

1. Leadership in Safety
2. Commitment to Prevention
3. Rigorous Hazard Identification
4. Decisive Response
5. Raising Awareness

First goal: Will create annual plans to address the most pressing merging safety hazards. Supposedly will be working closely with stakeholders, you know, like readers of this blog. Okay, not us, but somebody. I bet consumer groups might be on that list . . . .

Second goal: They want us to “build safety into consumer products”. Presumably the CSPC thinks this is a new idea because with an ex post facto approach to safety, any injury means the manufacturer screwed up. We’re always wrong, thus inviting the government to get involved in what we do to make things “better”. As Ronald Reagan said, the most frightening sentence in the English language is “We’re the government and we’re here to help!”

They’re going to give us proactive education on how to design our products more safely and will create incentives to encourage us. I can imagine those “incentives” might be based on penalties imposed and threats made by the agency in recent years.

Third goal: This is the scary one – they will be looking deeply for hazards, like cords on baby monitors . . . . Presumably, when they find a “hazard”, well, you know what happens next. They are working on increasing their ability to obtain, analyze and act on information of “hazards”.

My problem with this is that the definition of what constitutes a “hazard” has been lost. Perhaps this is a picky point, but they don’t have the legislative authority to do whatever they want. They are restricted to work on SUBSTANTIAL PRODUCT HAZARD. In fact, they are limited by the law. Someone should tell them about this.

Mr. Hinson: “This is all about speed.” There’s a confidence builder for me – hasty judgments are always better by definition.

Fourth goal: The CPSC plans to act fast and “hold manufacturers responsible”. It’s all about “speed”. Again, agency policy seems to be to encourage hasty judgments. Based on industry chatter, this policy does not involve dithering or considering defenses or due process. The CPSC is judge and jury, legislature and executive branch. In fact, often it is a junior and inexperienceds staffer who is judge and jury. See how you like it when you are on the receiving end.

This will be SUPER until all products are finally killed off.

Raising awareness is critical to empowering consumers, so says Mr. Hinson. I question whether empowering them to panic or make judgments based on scant, erroneous or inappropriate data is a really good idea or good public policy. The “good news” is that they have set this plan in motion, so your opinions and mine don’t matter.

Fifth goal: The raising awareness goal certainly incorporates the wonderful new database. Likewise, Neal Cohen and the small business liaison office is part of this plan.

Btw, raising awareness is a really good goal for the agency but if it doesn’t know what a hazard is, or have good processes to encourage trust among manufacturers, they can do a lot of damage with their clean heart and good intentions. Sucking up to left wing politicians and consumer groups does not necessarily produce good public policy. The agency might consider taking more seriously criticism of its activities and actually taking on board suggestions by knowledgeable stakeholders, including ex-CPSC staff.

Read more here:
CPSIA – ICPHSO Presentation on CPSC Strategic Plan

CPSIA – Congress and CPSC in the Clouds . . . .

I have heard from an old friend today, a resale shop owner. The store owner is as frustrated as anyone by the CPSIA and has some interesting observations. The store owner’s point is that it is utterly impractical for store personnel to be up-to-date on recalls or to manage recall issues on a day-to-day basis. Think recalled baby monitors with “remedies” like a new warning label. Think also of the national chain of resale shops that told us that many of their MANAGERS are paid $8 per hour. Can you get a sense of the brilliance of Congress’ master plan yet?

The store owner sent me a picture worth a thousand words:

The store owner: “The photo I’ve attached is of my six-inch binder of printouts for every recall on children’s items since the early 90′s. The papers on the floor are the new recalls since September 2010. I printed those last week, so I need to go back and print the newer ones. I take this binder to all my events and strive to search it thoroughly to keep recalled items out of our events. I’m going shopping today to pick up a second six-inch binder as I’m obviously going to need it.” [Emphasis added]

Sounds very practical. I am sure Scott Wolfson and Sean Oberle have some useful tips for this store owner on how to manage all this data. It is worth NOTING that rifling through 20 years of CPSC recalls is not the store owner’s main business – their business is selling gently-used merchandise – but it probably seems like it nowadays.

The store owner is also a victim of unscrupulous “gaming” by a competitor who seeks to capitalize on fear and the ambitions of local politicians to put pressure on him/her. The store owner: “I’m no longer comfortable posting publicly about CPSIA since a local children’s resale full-time store owner has told several of her shoppers that she’s planning to call the [local] Attorney General to come investigate my next seasonal consignment event to be sure I’m in compliance with CPSIA. Since I don’t have XRF vision, there is no way to prove I’m in compliance with the instructions to not resell anything over the lead limits, despite the fact that I’m not required to test. I still don’t have a clue what do to about phthalates, but I’ve banned all bath books, bath toys, & teething toys from our events anyway.” [Emphasis added]

There’s a stimulus plan for you. . . .

Did you catch the store owner referring to any topic relating to safety, such as injuries or concern for the health of children? Nope. It isn’t the concern of the competing store owner or the local Attorney General, either. This is about officious bureaucracy, paperwork for paperwork’s sake, all to satisfy a neurotic anxiety without a basis in FACT.

I used to ask “Where are the victims?” The zealots in the last three years have been able to produce exactly ZERO injured children from lead or phthalates in children’s products. So I guess I have to nominate my friend the store owner – a prototypical victim of this law.

Job well done, Congress and CPSC!

Read more here:
CPSIA – Congress and CPSC in the Clouds . . . .

CPSIA – Come On, Sean, Get Real!

Sean Oberle took issue with my analysis of the Summer Infant recall of baby monitors tonight in an essay in the Product Safety Letter. In my recent blogposts, I noted that sale of the Summer Infant baby monitors can’t be resold without their kit of the label, the new instructions and the clips. True fact. As a practical matter, this is essentially a ban of resale of this item because in the REAL WORLD, resale shops do not have the time to lavish on researching this kind of nonsense.

Does ANYONE think a resale shop is going to verify that a baby monitor has the right sticker on it? What planet are you from? They WILL, however, note that this item has been recalled. In the mist of time, the reason WHY it was recalled will be long forgotten. Again, who has the time to figure all this out? Maybe Sean Oberle and Scott Wolfson, but the rest of us won’t do it.

That the items can somehow be resold legally is simply a technicality. Ask any resale shop.

As for my “confusion” between the “reason” for the recall and the “remedy”, I believe I was not confused at all. For one thing, the supposed “remedy” is no remedy at all. A warning label about the cord is superfluous by any definition and absurdly ineffective to prevent further harm. The “reason” for the recall has nothing to do with a hazard related to this item. It may relate to a proactive step recommended by the company’s lawyers, given the likelihood that they have been sued over the two unfortunate accidents. I stand by my position that this hazard falls into the category of parental supervision, not a product “defect”. I may not be alone in this view, to judge by the hundreds of comments on this MSNBC article.

More fantastic is Mr. Oberle’s characterization of the recall and how “voluntary” it was. I have no person knowledge of this situation, so perhaps he is right. Then again . . . rumors of CPSC coercion on this kind of thing are rampant. Threats of penalties, preemptive press releases and possible litigation have been rumored in many cases. Ms. Tenenbaum is not above sabor rattling in speeches, either. Think of last year’s ICPHSO keynote speech, for example. We have received at least one threat from the CPSC which I have thusfar restrained myself from discussing in this space. It’s very real. “Voluntary” is in the eyes of the beholder.

I must also say that I don’t see the benefit that the CPSC brings to this party IF the recall was “voluntary”. If this was REALLY the company’s idea, why does the CPSC have to sign off on it? Why is the CPSC in a better position to figure out how to best resolve this informational issue? After all, Summer Infant had 1.7 million reasons to get this right (plus an unknown number of lawsuits). I don’t buy the idea promoted by Mr. Wolfson in the Chicago Tribune’s hyperbolic article on pool drains: “CPSC spokesman Scott Wolfson declined to comment on AquaStar’s actions. In general, though, he said: ‘A company is not allowed to take unilateral action that is intended to fix a safety problem with their product without reporting and coordinating that action with the CPSC.’” Scott, where does it say that, precisely?

Even more to the point, why is this a “recall” anyhow? The CPSC could have avoided the entire issue by labeling this event an “alert”. There would be no implications for resale shops had they chosen that path. Was it REALLY the company’s idea to RECALL these items? Were they offered an “alert” but refused? Oh, sure.

At some point, I hope the CPSC will take more responsibility for its actions, rather than justify whatever they choose to do. Mr. Wolfson may have an answer for everything but that doesn’t make the agency’s actions right, fair or appropriate. The many comments on the MSNBC article indicate that no one is being fooled. Recall upon recall upon recall is alienating the public, NOT making them feel safer.

Come on, Sean, get real. The CPSC can raise its game, and as a member of the Fourth Estate, you can push them in that direction. I am not the enemy here.

Read more here:
CPSIA – Come On, Sean, Get Real!

CPSIA – Mothering Magazine R.I.P. – Thanks, CPSIA!

Last week, Mothering Magazine announced that its print edition was kaput. [Thanks to the HTA for alerting me to this event.] This 35-year-old publication ceased publishing as a magazine for all the usual reasons . . . and one more: “Many of our advertisers have been hard hit by the economy. Toy manufacturers have been burdened by the cost of complying with the new regulations of the Consumer Product Safety Improvement Act (CPSIA). Many of our sling and baby-carrier advertisers experienced declining sales or went out of business altogether in 2010 as a result of loss of sales due to the Consumer Product Safety Commission (CPSC) recalls of infant carriers.”

More anecdotes, but sadly no evidence. Just another dead enterprise blaming the innocent and innocuous CPSIA for its troubles. I wonder if there’s a connection there somewhere . . . .

Read more here:
CPSIA – Mothering Magazine R.I.P. – Thanks, CPSIA!

CPSIA – New York Times Notices the CPSIA

The New York Times this evening gave some coverage to last week’s hearings in an article entitled “Child-Product Makers Seek to Soften New Rules“. Reflecting the usual bias of the Times against business, the article intones: “Emboldened by a Republican majority in the House of Representatives, manufacturers of toys and other children’s products are making a last-ditch effort to quash new safety regulations that they say are unfair or too onerous . . . . The manufacturers are also trying to scale back new regulations, drafted by the commission, that would require third-party testing to determine the safety and lead content of children’s products. They have found a receptive audience among House Republicans.” [Emphasis added]

So let me ask you, does it appear that I am “emboldened” by the Republican majority in the House? Is that accurate? As I recall, I began working against this excessive and irresponsible legislation in September 2007 and began my “war” with intensity when I was invited to present at the CPSC Lead Panel on November 6, 2008. That was more than two years ago, long before the “emboldening” Republican majority. In fact, I worked hard in the last election to put the Republican majority into office.

Why?

Because no one on the other side of the aisle would listen. What the NYT noticed is that someone is listening . . . finally.

Am I trying to “quash” the legislation? I think that’s an unrealistic goal and have never asked for it. I have stated repeatedly that the legislation has few achievements to boast about and that it is defective as drafted (can’t be fixed). It is also killing jobs, companies, markets and products. It needs to go but, as noted, I think that’s unrealistic. I think fixing it is the best we can hope for.

And I promise that our efforts are not “last ditch”. We’re not going to be done until the CPSIA is fixed.

The article goes on to note that at least one Democrat thinks the CPSIA stinks: “Other lawmakers, including at least one Democrat, Representative John D. Dingell of Michigan, suggested that new regulations requiring third-party testing of all children’s products for safety and lead were too broad and needed to be revised.” John Dingell, who’s he? “At least one Democrat . . . .” Ummm, Mr. Dingell is not only the longest serving member of Congress in the history of the United States but he also happens to be the longstanding Chairman of the House Committee on Energy and Commerce who also sponsored the legislation to create the CPSC in 2972. I think he is something more than just another Democrat – he is a major historical figure and a person of great standing in this matter. When he came out against the CPSIA on Thursday, he broke with Waxman and stood up for the TRUTH.

The Times gives the consumer groups the last word: “Representatives of consumer groups, meanwhile, are fretting. They said they were worried that the tougher standards they fought for, and seemed to have finally won, were now in jeopardy. ‘You have folks who are seeing that there is a chance to undo consumer protections that they never liked in the first place,’ said Ami Gadhia, policy counsel for Consumers Union.”

That’s true – we never liked the law in the first place. It is a massive waste of money, is hurting markets, companies, jobs and kids, has mired the agency and industry in a three year mud fight and isn’t making anyone safer.

It’s time to end the posturing and the story telling. We need to fix this awful law before it kills more companies and more products. How many companies need to die before Congress and the New York Times gets the message?

Read more here:
CPSIA – New York Times Notices the CPSIA

CPSIA – Watch Out, Resale Shops! The CPSC is Watching . . . .

An alert reader pointed out today that the 1.7 million “recalled” baby monitors (the ones that need a new sticker) can’t be sold at resale shops anymore. After all, they have been recalled so they are verboten now. Presumably they can only be sold accompanied by their anti-recall kit of the fancy new label restating the obvious, new instructions telling parents to come inside during rain storms and the clips (gotta have them clips!). As a practical matter, this will be impossible for resale shops to manage, so I hope resale shops everywhere are pulling these baby monitors to keep America safe.

In fact, the “hazard” that these devices present is common among all baby monitors so I certainly hope those shops stop selling all that merchandise immediately. Alert! Alert! No more baby monitors! And the hazard is found in everything with a cord that might be used near a crib – so you better stop selling humidifiers, lights, radios and the like. As the G-Men used to say, “Stop or I’ll shoot!”

Don’t forget, the CPSC has the U.S. Attorney ready and willing to put you out of business to protect . . . the . . . children. What would we do without those guys to keep us so darned safe?

And there will be penalties a-plenty, too, count on it. Jail time for selling a baby monitor? Well, we’ll have to see about that.

If you live the clean life and stop selling anything remotely connected to children, these issues won’t be a problem for you. Something to think about . . . .

I meant for the stores. Certainly not for Congress.

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CPSIA – Watch Out, Resale Shops! The CPSC is Watching . . . .

CPSIA – CPSC Recalls Baby Product for Missing Warning Label

Striking a new low for the Nanny State, the CPSC last week recalled 1.7 million baby monitors/cameras for a missing warning label.

Let me repeat – this recall was over a missing warning label.

There is no sign from the announcement that the warning label was required by law – this is apparently an ex post facto requirement dreamt up by the CPSC.

Anyone ever heard of cost/benefit analysis in the U.S. government???

So what was the hazard? As with many baby product recalls, there were two deaths of infants involved. Two children, one six months old and one 20 months old, strangled on cords attached to baby monitors made by a company called Summer. As Summer notes on its recall notice, there have been seven strangulations since 2004 involving cords on baby monitors placed in or near cribs, but only two involved Summer products. This is NOT a product recall, as they clarify – they are providing new stickers, a new guide and some clips to hold cords. It was a “voluntary” recall, or so the company says.

Let me get this out of the way: I am as regretful as the next person about the tragic death of two toddlers. I do not discount the significance of that loss.

However . . . dangling cords near a crib is a bad idea that most parents recognize. This is not specific to baby monitors, either. Check out the CPSC’s illustration of the hazard:

This is the same hazard as ANY electrical device near a crib – a light, a radio, a humidifier, you name it. This is NOT a specific hazard of the baby monitor in question, nor of any specific electrical device. One wonders why the CPSC chose to recall this product or why they called their action a “recall”.

It is unfortunately elemental that cords near a crib can maim or kill. This is no different than the hazard presented by the cords on blinds near a crib. It is very sad that such terrible accidents have happened seven times over eight years. That’s seven unnecessary tragedies no doubt caused by mistake or simple error. Nonetheless, it is NOT the responsibility of the manufacturer or the State to guarantee good luck or good parenting. Some hazards are for the parents to manage. At a certain point, individual responsibility must be asserted.

As a manufacturer, the fiat of a federal agency issuing a RECALL for a missing warning label is terrifying, especially under these circumstances. Of course, consumers are becoming jaded by endless recalls, too. As the agency loses ALL perspective on which hazards deserve regulatory attention (everything seems to be a hazard these days), and blaring headlines numb everyone to the signficance of recalls in general, it is hard to resist cynicism. The CPSC with all the good intentions in the world . . . is starting to make a mockery of itself.

It’s a mania. Somebody help us.

Read more here:
CPSIA – CPSC Recalls Baby Product for Missing Warning Label

CPSIA – Chicago Tribune and Dick Durbin Show Us How to Create a Crisis

On the morning of February 7, my dog brought in the Chicago Tribune and I almost asked him to take it back to the driveway. Blaring at me was the front page headline”Danger lurks in pool, spa drains“. This article was a monster – an entire page (all five columns). Apparently alerted by a “tipster”, a Tribune “investigation” discovered that some pool drains designed to meet the Virginia Graeme Baker Pool & Spa Safety Act (part of the CPSIA) requirements had apparently failed certain lab tests. Notably, there have been no reported injuries as a result of this “defect”, although one manufacturer asked dealers to return stock for replacement “out of an abundance of caution”.

Why does no injuries merit a full page article? The story continues. . . .

Senator Durbin of the great state of Illinois must have read the same article, because he immediately sent a letter to the CPSC alerting them to this hazard. More precisely, alerting them to this article. I am picturing him dropping his toast in horror. What an efficient clipping service. [Two words for the Senator: "Google Alerts".] His obvious and immediate concern are commendable, if you consider reading a newspaper article adequate due diligence for one of our nation’s leaders. Mr. Durbin notes the outcome of his intensive research (reading the newspaper): “This appears to have allowed dangerous drain covers to continue being sold and distributed. The issues highlighted by the Tribune story are very concerning and raise serious questions, not only about dangerous drains but also about accreditation of testing facilities on products generally.”

Next, the Tribune duly reported that Senator Durbin had performed his clipping service for the CPSC, thereby “legitimizing” their investigation. Case closed! The Chicago Tribune to the rescue. . . .

The Tribune must be right if Dick Durbin drops everything to send a letter . . . right?

Ummm, well, let’s take a deeper look. [It's possible Durbin only read the headline. That's enough, right?] The Tribune investigation was started by a “tip”. Someone with an interest in the drains and their effectiveness. Who might that be? I don’t know myself, but there are rumors. We need not speculate on the rumors but we can certainly look at the article itself. In the article, the Tribune quotes an “expert” on pool drains, Paul Pennington. Did you know there was such a thing as a pool drain expert? Mr. Pennington intones: “Some child is going to die.” And he’s an expert! Sounds bad, very bad.

Mr. Pennington is Chairman of the Pool Safety Council. The Tribune notes: “Paul Pennington, chairman of the nonprofit Pool Safety Council, said he has sent 73 e-mails to CPSC and standards officials, pleading with them to do something about unsafe drain covers since the new law took effect in December 2008.” What a guy, tirelessly fighting for innocent children.

But who is the Pool Safety Council? The Tribune explains: “His group is largely funded by the makers of devices that shut off a pool’s pump when a dangerous vacuum forms, like a circuit breaker turns off power when it senses an overload.” In fact, Mr. Pennington is the President of Vac-Alert Industries, Inc. Hey, here’s another “shocker” – Vac-Alert has patents on vacuum alerts used in pools (patent no. 6,591,863 and 5,991,939).

Conflict of interest? Nah! The Tribune again: “Why did Pennington think the covers were dangerous? As soon as the new drain covers hit the market in 2008, pool owners who had vacuum-release devices complained that their pumps were turning off after they installed the covers. Pennington, who owns a stake in a vacuum-release system company, investigated and concluded that the new covers were allowing the hazardous suction forces they were supposed to prevent. Pennington said his concerns were ignored by the federal government and by the standards committee that writes the testing rules for the drain covers. That committee consists mostly of people who work in the pool and spa business.”

Hmmm. So you have a newspaper trying to sell papers by “saving” the populace, an entrepreneur who is leading the “fight” over pool drains with patented technology ready to replace those drains, an ambitious local politician interested in making headlines while supporting the hometown paper that helped elect him, and what do you get? The feeding frenzy that gave birth to the CPSIA. Everyone’s a winner . . . except for the businesses and markets caught in the middle.

Makes you anxious to vote again, doesn’t it?

Read more here:
CPSIA – Chicago Tribune and Dick Durbin Show Us How to Create a Crisis

CPSIA – Pompeo Amendment Passes!

The Pompeo Amendment to the Continuing Resolution was introduced last night and debated by Waxman, Butterfield and Market (against) and Pompeo, Emerson and Barton (in favor), and passed by a vote of 234-187. Thank you, midterm elections! [The current balance of power in the House is 241 Republicans and 193 Democrats.] Notably, Henry Waxman and Jan Schakowsky circulated a “Dear Colleague” letter against de-funding the database (trying to get a copy) but their power base is diminished now and it didn’t stop the amendment.

Once again, I want to thank Rep. Pompeo and his Chief of Staff Mark Chenoweth for their political conviction and political bravery. We are never going to get out of this mess without some help from courageous members of Congress willing to stick their neck out for us. Thank you!

You have to laugh at the Democrats’ call for bipartisan work on safety during Thursday’s CPSIA hearing (including Mr. Waxman in his opening statement). This amendment is a good measure of how committed they are to bipartisan cooperation. One has to wonder if their concept is that bipartisan work on safety will be possible when the Republicans “wake up” and see things Mr. Waxman’s way.

Please don’t breathe any sighs of relief yet. The Senate is a big stumbling block to progress on the Pompeo Amendment. There’s plenty of politics yet to come. I will try to keep you posted!

Read more here:
CPSIA – Pompeo Amendment Passes!

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