CPSIA – Illinois Politics in the Gutter

742 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are 69 days left until Election Day.

After two years of banging my head against the wall on the CPSIA, it has become clear that much of the problem is in Congressional leaders from two states, California (Waxman, Boxer, Feinstein) and Illinois (Durbin, Rush, Schakowsky). [I hope I'm not forgetting any other "worthies".] I live in Illinois. The fact that our state is part of this disaster is no surprise. I get to follow the local political goings-on in the paper and on the Internet. Of course, people talk, too. We sure know how to pick ‘em in Illinois . . . .

I think it’s well-known that I am not a big fan of Ms. Schakowsky for her cheerleading for the noxious CPSIA and her leadership of the gang that stymied any effort to fix that awful law and its regulatory by-products. And it’s hard not to be utterly disgusted by her legislative agenda, which earned her the rank of NUMBER ONE SPENDER IN CONGRESS and which has been a job-killer of the first order. She provides many reasons to dislike her passionately . . . but did you also know that her husband is a FELON? As a lawyer, I have very little sympathy for felons. One never becomes a felon by accident. [As a matter of fact, the prospect of being accused of a felony under the CPSIA is one of my hottest "hot buttons" as I deeply resent that our government could make something that inappropriate possible under federal law.]

Yes, in fact, Schakowsky’s husband is a crook. Robert Creamer was convicted of financial crimes in 2005 (check kiting and tax evasion, a $2.3 million fraud committed against nine financial institutions to fund his salary, among other things) while Schakowsky was a sitting member of Congress, served five months in the pokey for his felonies and then was placed under house arrest with his member of Congress spouse for 11 months. Perhaps you think this is some sort of Illinois sitcom or perhaps a new kind of reality show. Here is Creamer’s jail release record, if you are curious.

Creamer’s criminal record is absent from his bio, interestingly enough. Anyone shocked to learn that Creamer was an important advisor to our very own Governor Blagojevich, a fellow felon? Creamer has quite a business going as a political consultant – Democrats from all over the country clamor for his help. Hmmm.

And the Illinois sewer continues to spew to this very day. Mr. Creamer, who was a critical thought leader and trainer for the 2008 Obama campaign (Obama is another Illinoisan with a CPSIA taint), is now apparently part of Democrat Alexi Giannoulias’ campaign for Senate against Mark Kirk. Here’s a still of Alexi Giannoulias posing with Mr. Creamer:

Also conversing with Mssrs. Giannoulias and Creamer is lobbyist Larry Suffredin. Here’s what Wikipedia says about his lobbying practice: “Suffredin is a registered lobbyist with Cook County, the City of Chicago, and the State of Illinois. Suffredin lobbyist clients include resort and casino company MGM Mirage, owners of the Grand Victoria Casino in Elgin, Illinois, and Penn National Gaming, owners of the Hollywood Casino, Aurora, Illinois, the Illinois Alliance of Competitive Telephone Companies, the Donors Forum of Chicago, the Illinois Arts Alliance, and Illinois Citizens for Handgun Control, the Chicago Bar Association, and Kankakee Regional Landfill LLC. He is also a registered lobbyist for Abbott Laboratories, Nursepower Services Corporation, and Quest Diagnostics.”

I assume the three of them were discussing the weather. “Pretty sunny out today, Bob.” “Larry, did you see that rain cloud as you drove in?” “Alexi, surely it won’t rain on your parade!”

This still is from a Giannoulias campaign video pitching an endorsement by Jan Schakowsky. Perhaps there are a few dots to connect here. . . . Giannoulias chats with Creamer at the 1:45 point in the video, check it out yourself:

An Illinois Senatorial candidate hanging out with a felon who stole from banks? Hey, isn’t that practically the very question that dogs Giannoulias in this campaign? How ironic! And then there’s the issue of members of Congress who consort with thieves. This is even more ironic given the Dems’ practice this year of viciously bashing banks and bank bailouts. Perhaps defrauding banks is okay, but keeping them afloat is not. there an odor in the room???

What integrity! How inspiring! Can’t wait to vote . . . .

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CPSIA – Illinois Politics in the Gutter

CPSIA – Perpetrators of CPSIA Feel the Heat

Could we get this lucky? One of the Senators responsible for the penal phthalates ban in the CPSIA and a big CPSIA advocate, Barbara Boxer, seems to be fading in her effort to hold her “safe” seat in California. See “Poll: Fiorina beating Boxer in California“. In another CA race involving a featured performer in this space, Jerry Brown (Democratic candidate for governor) is in a dead heat with Meg Whitman. Mr. Brown has already occupied the CA governor’s mansion once before. This race is all about whether California voters learned their lesson last time.

Mr. Brown distinguished himself this week by suing bouncy house operators for lead-in-vinyl at the urging of the offensive Center for Environmental Health, bringing yet more prestige to the Golden State: “Jerry Brown: California’s top bouncy house cop saves the day” (“L’Affaire Bouncy partially explains why Jerry has been slowly unveiling his gubernatorial campaign and positions: He’s been busy investigating this insidious scourge of California’s families. Fight on, Attorney General, fight on! UPDATE: Spotting the hanging curve ball out over the plate, Team Whitman has quickly assembled and lawyered a response to the L’Affaire Bouncy, as if it needed one: ‘There’s something very ironic about Jerry Brown, of all people, investigating the combination of hot-air and make-believe,’ says Whitman spokesperson Sarah Pompei said.”).

I hate to be out-quipped but gotta hand it to the Whitman folks, that’s solid.

Of course, our dear Democratic leaders from California are also the innovative developers of the “Green Chemistry” initiative that will require that we all send in chemical analysis of all of our products for the state’s approval and remediation. This bonanza for safety has the potential to drive our company out of the CA market for good. California is the fifth largest economy in the world – we don’t want to leave it. The LA Times has consoled me with their assurance that we will all save money in medical expenses. We have descended into LaLa Land.

I remain stunned over this succession of deadly legislation all in a row. Even more shocking is how the Dems puzzle over WHY people are so angry about persistent unemployment or a lack of investment by business. Go figure.

Personally, I am cheering in all the races involving the principals behind the CPSIA, hoping for some additional unemployment in those districts (one job loss per district). In some cases, I am doing more than cheering. If you are also fed up and can’t go forward this way any longer, I URGE you to take dynamic steps to take back YOUR nation. These folks don’t own the place – you do.

Stay tuned!

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CPSIA – Perpetrators of CPSIA Feel the Heat

CPSIA – Additional Data on Phthalates re 60 Minutes

The 60 Minutes report notes increased incidents of hypospadias, a birth defect affecting male sexual organs. Certain studies have linked this defect to phthalates, fanning the fears responsible for the noxious CPSIA. In the segment, a Dr. Howard Snyder of the The Children’s Hospital in Philadelphia cites a “three-fold increase” in hypospadias in live male births in the last “30-40 years”. Dr. Snyder “suspects” that phthalates is the “something” that is interfering in the womb with the production of testosterone leading to hypospadias. He highlights studies that “seem to point to” phthalates as the cause of low sperm counts and other ills in adult males. Thus, the link to hypospadias, or so he says.

Time to panic?

Well, before you move back into the caves, please consider this May 2009 study published in the Journal of Urology on the incidents of hypospadias in New York State from 1992-2005 (previously posted in my blog one year ago). The purpose of the study was described as follows: “Recently there has been concern that [certain male sexual organ] abnormalities described in animal studies may also be present in humans. To determine if hypospadias rates are increasing, we retrospectively reviewed the total prevalence of hypospadias in New York State from 1992 to 2005, categorized by maternal age younger than 35 years and 35 years or older.” [See also this George Mason University analysis.]

You will be interested to know that one of the four authors of the Journal of Urology study is Dr. Sarah Lambert – of The Children’s Hospital in Philadelphia, apparently one of Dr. Snyder’s co-workers.

The authors conclude:

“Hypospadias rates have NOT changed in New York State from 1992 to 2005. Additionally advanced maternal age continues to be a risk factor for hypospadias. Combined with previous studies that demonstrate sperm counts are NOT declining, these data suggest that the testicular dysgenesis syndrome described in animal models may not be evident in humans.” [Emphasis added]

One of the authors noted the significance of this study: “These studies break the link between the purported cause — phthalates — and their presumed effect — impaired male reproductive health, says Dr. Harry Fisch, director of the Male Reproductive Center at NewYork-Presbyterian Hospital/Columbia University Medical Center and professor of clinical urology at Columbia University College of Physicians and Surgeons. ‘It’s all in the data,’ says Dr. Fisch. ‘For one, the entire method of collecting data on birth defects has changed. Statewide surveillance of birth defects has become the norm. This calls into question the value of the older data. Second,’ he adds, ‘we can’t assume that these chemicals are harmful at low, environmentally allowable levels just because we’ve seen high rates of exposure to phthalates in utero have been linked to hypospadias in animal studies.’” [Emphasis added]

Dr. Snyder seems to have overlooked some of these points.

The author of the study goes on to point out the obvious: “‘Environmental chemicals need to be regulated,’ says Dr. Fisch, ‘but policies should be based on science, not fear.’”

What, is he crazy? Who ever heard of regulating based on SCIENCE, NOT FEAR?! Some people . . . .

Memo to Senators Feinstein and Boxer: Given the fear that the increasing age of birth mothers today may be linked to rising birth defects, perhaps you should regulate when mothers can conceive children. This would be yet another great regulatory innovation from California. Groundbreaking!

Anyone think that’s too much government intrusion? Mr. Orwell, any thoughts? Darn, we all threw out our copies of “1984″ because we couldn’t be sure they were produced with lead-free ink.

This makes my head hurt. Wouldn’t it just be easier to drive the children’s product industry into bankruptcy? That’s probably a better way to deal with hypospadias.

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CPSIA – Additional Data on Phthalates re 60 Minutes

CPSIA – Phthalates and Lead Limits in Waxman Amendment

Two minor but important points in the new Waxman Amendment relate to the ban on phthalates and the 100 ppm lead standard looming in August 2011.

Phthalates: The phthalates ban has been clarified to exclude “inaccessible” components, thus reducing the cost of testing for victims of this poorly-conceived law. The definition of “inaccessible” is based on foreseeable use and abuse by children. The term “reasonably foreseeable use and abuse” is defined, lest anyone misconstrue what the Waxmanis want it to mean, and hence new concepts have been incorporated: “breaking” as well as “the aging of the product”. In the past, “reasonably foreseeable use and abuse” has been interpreted to exclude intentional misuse. The term did not typically include aging since most worn-out products are either handled differently or discarded. The changes wrought by this amendment fundamentally alter the common meaning of “reasonably foreseeable” in quirky ways, making a confusing law all the more difficult to understand or apply.

If “reasonably foreseeable use and abuse” includes breaking the toy, it’s hard to know which parts will ever be considered “inaccessible”. Reading this language by its plain English meaning, I cannot imagine what might survive this legislative test. Worthless. I sense another rulemaking process for the long-suffering CPSC.

The amendment also clarifies that the CPSC can revoke this exception to protect the public health and safety. Remember, we are talking about a rule affecting mandatory testing of internal components that may or may not contain phthalates. Can anyone tell me what threats to the public health and safety could POSSIBLY result from an internal component made with phthalates? Phthalates have been in use in this country for more than 50 years – wouldn’t we know about “leaping phthalates” by now? Oh yeah, I’m sorry, i forgot that reasoning and science don’t matter anymore. . . .

Perhaps concerned that the CPSC was running out of things to do, the authors added yet another rulemaking on “inaccessibility” for this new exception. They are free to adopt the definition already set for lead. It’s up to them. Study up, guys! Can’t wait to give comments . . . .

Can you say . . . mania?

It is worth noting that in taking this route to “resolve” the pain points on phthalates, the Dems have chosen to NOT address a pending issue between the CPSC and California. Attorney General Jerry Brown of California sent a hot letter to the CPSC last year indicating his unwillingness to accept testing of the entire product for phthalates ban purposes. In the wake of his letter, the agency reversed course and rescinded its rule permitting a single test on the entire product. This would have been inexpensive for manufacturers.

It is pure fantasy that the Dems would take on Jerry Brown since our Congressional overlords are largely from CA (Waxman, Pelosi, Boxer, Feinstein) and are busy trying to California-ize the rest of the country. Henry Waxman would certainly never preempt Jerry Brown for the national good. Hence the half-a-loaf approach here.

Lead: The Waxman Amendment makes the pending 100 ppm lead standard prospective. This is a tiny bone thrown in our direction. You may consider it a nod of acknowledgement of your pain from the retroactive application of the lead standards and phthalates ban. Nonetheless, this is all you will get.

Again, this is only half-a-loaf. A more thoughtful and helpful change would have been to draw a FIRM LINE under the 300 ppm standard, eliminating the 100 ppm standard altogether as well as the rule ratcheting down the lead standard in the future (forgot about that one, right?). They could have said that the CPSC would be free to lower the lead standard in the future if necessary to protect public health and safety (taking into account the cost and benefit of any such new rules). But they didn’t.

The Waxmanis have no interest in such concessions. Whether out of zealotry or pride of authorship, no amendments will emerge if they reflect any concession of error or misjudgment in the Perfect Legislative Process. Thus, the 100 ppm standard can’t be removed because they put it there for a reason. We must live with it . . . so they say.

Rumorville has it that the Waxmanis are about to deliver a message to leaders of the business community to fall in line behind this “wonderful” amendment or else . . . they’ll get NOTHING. Don’t you love this? And I used to think THEY worked for US. What an idiot I am!

And on that note, I encourage you to read ONE more blogpost about this toxic amendment. I still need to show you how the authors are trying to deceive you and gut the system that regulates safety of safeguards against governmental abuse. That is, abuse of the interests of your businesses. It’s really something to see.

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CPSIA – Phthalates and Lead Limits in Waxman Amendment