What really steams me about this law is Pavley’s VERY OWN PRESS RELEASE. Consider these quotes:

“Senator Pavley (D-Santa Monica) . . . is seeking a ban on the dangerous metal cadmium after learning that manufacturers are simply replacing lead with cadmium. ‘Cadmium is a known cancer causing agent and there is no reason for our most vulnerable citizens – our children – to be exposed to this highly toxic metal,’ said Senator Pavley. ‘These manufacturers are replacing one toxic metal for another when less toxic alternatives like zinc are available. It’s completely irresponsible to use cadmium in jewelry marketed to children.’”

“As an Assembly member in 2006, Pavley authored a law to ban the use of hazardous levels of lead, a powerful neurotoxin, in children’s jewelry. . . . However, a loophole in the law has allowed jewelry makers to substitute cadmium. Recent laboratory reports in the United States are now showing that the heavy metal cadmium is being used in place of lead. ‘It’s a shame that jewelry makers are using a loophole in the law to harm our children,‘ said Senator Pavley. ‘There is absolutely no excuse for manufacturers to use this dangerous agent in products for kids.’”[Emphasis added]

Let’s be clear about something – there is absolutely no publicly available information to suggest that anyone is substituting cadmium for lead in jewelry (or in any other children’s product). That’s pure urban legend. If there is such evidence, someone should put the evidence up for all to see. This is a LIE – during election season. Shocked? I’m not . . . I live in Illinois.

I have already thoroughly covered the fact that there are NO KNOWN CASES of cadmium poisoning in children from any consumer product – EVER. This makes me surmise that Ms. Pavley is either stupid or she’s a liar. One thing’s for sure, she doesn’t know what she’s talking about. But I’m sure her message of crisis “averted” is a good seller back in Santa Monica.

Oh, by the way, did you catch her recommendation that zinc be substituted for cadmium because it’s so much safer? Certainly we can trust the esteemed Ms. Pavley, a world-renowned toxicologist and metallurgist, right? Ummm, well, what about zinc poisoning? It’s pretty icky – here’s what you get with Ms. Pavley’s preferred way to kill kids:

• Body pain
• Burning sensations
• Chills
• Collapse
• Convulsions
• Cough
• Fever
• Low blood pressure
• Metallic taste in mouth
• No urine output
• Rash
• Shock
• Shortness of breath
• Vomiting
• Watery or bloody diarrhea
• Yellow eyes or yellow skin

Hey, this sounds much better than cadmium poisoning. Of course, neither will ever occur in children because of their contact with children’s products. After all, no one’s ever had the cadmium poisoning California wants to prevent. If no one’s ever had it . . . do we need to change anything to prevent it in the future? Do we need to know anything to make this judgment?

Nahhhh – besides I love zinc convulsions!

Read more here:
CPSIA – Cadmium Law Rammed Through in California

Ms. Schakowsky, one of Illinois’ “finest” who is rated the Number One Spender in Congress by the National Taxpayers Union (thanks, Jan!), offered up another CPSIA-like morsel, the noxious H.R. 5786 Safe Cosmetics Act of 2010. Before we go on, who’s against safe cosmetics? Everyone raise their hands . . . no one? Okay, we’re all for safe cosmetics. So what’s the problem?

• Annual registration with the FDA for all manufacturers, including much proprietary and confidential information.
• A federally-mandated schedule of new fees for the FDA to assess on the now poorer cosmetics companies.
• New safety labels (an old Schakowsky standby to make everyone so much safer).
• FDA review of the “physical, chemical and toxicological properties” of each chemical or mixture listed on the label. And lots of testing.
• New FDA regulations on banned chemicals and so on.
• New prohibitions, meaning that penalties and perhaps criminal actions are possible.
• Mandated public reporting of “adverse health effects”.

The trial bar has to be licking its chops. And Jan gets to claim to her constituents that they can’t live without her. After all, who else is going to save them??? Just like the CPSIA saved our company, our employees and our customers. So, so, soooooo safe and we get an even bigger federal government as an added bonus!

Not content to be outdone, savior-in-training Jackie Speier followed up her ratting out of safe McDonalds Shrek glasses with the newly-minted H.R. 5920 Toxic Metals Protection Act of 2010. Anyone against being protected from toxic metals??? Hmmm, no one? Thank heavens we have such an alert member of Congress ready to sweep in to protect us – right before elections! One of the big effects of this law is to make lots of things illegal and to specify civil and criminal liability for infractions. We really needed this!

Ms. Speier explains her “motivation”: “’Children’s developmental health in this country is threatened by exposure to products containing cadmium,’ said Congresswoman Speier. ‘In May, Wal-Mart removed cadmium-tainted jewelry from its shelves. Last month, McDonald’s recalled over 12 million glasses containing cadmium, and SmileMakers Inc. recalled 68,000 Children’s Happy Charm Bracelets and Football Rings for containing this toxic metal. It’s time to be smart and aggressive about the risks posed by toxic metals that can cause children harm. This legislation is aimed at protecting them from hazardous levels of metals in products they might use.’” Oops, she forgot to mention that the Shrek glasses were acknowledged to be safe by the CPSC or that none of these products is associated with a single injury. Details . . . .

Then there’s the swelling pile of Op-Eds and Editorials touting the “urgent” need to tighten the noose on chemicals (LA Times: “The new regulations will be burdensome on industry — and even more so if the state approves the recommendations we’ve listed here — but they should also pay dividends by lowering health care bills and environmental cleanup costs, as well as spawning a new industry dedicated to developing safer chemicals.”). [Ed. Note: I love the part about how the bill will lower costs! I wish newspaper editorial writers knew how to add and multiply - they could really figure stuff out with those skills.] Henry Waxman, current shield of the CPSIA and guardian of the rules and regulations that ensure the business death of the children’s product industry, wants to finish the job by making us account for every chemical in every product. TSCA Reform – super! We’ll all be so safe . . . in the unemployment line.

Your Congress at work – making the world safe from jobs and prosperity, an August tradition!

Read more here:
CPSIA – August, The Month To Scare (Oops, Save) The Populace

By Bruce Lund

Read more here:
GUEST BLOG – Bruce Lund, Lund and Company Invention, L.L.C. on the Cadmium "Crisis"

Among the useless advice offered in the article is the recommendation that all merchants should do as Costco does, which is to call every customer who has ever bought a recalled item in its stores. What Costco does is admirable, but it is entirely dependent on being a multi-billion dollar, high tech mass market retailer. I think it would be great if I could hit my nine iron 205 yards like Tiger Woods, but then again, it ain’t happenin’. It’s about as realistic to advise (or require) me to match Mr. Woods distance and accuracy with his golf clubs as it is to require all U.S. merchants to match the achievements of ONE of them, namely Costco in this case. Unfortunately, the article’s suggestion is utterly out of touch with reality. Bad news – the world’s imperfect. . . .

Whatever we do, we certainly shouldn’t address the standards for how recalls are determined, staged or publicized. We may disagree about many things, but we all have to acknowledge that our government COULDN’T be at fault. Certainly not, their every choice and execution is perfection by definition. It’s obviously the fault of industry.

Editor’s Note: In case you were wondering, I was being sarcastic in the paragraph above.

The Post article also clucks about the implementation of registration cards for durable infant products like cribs and bassinets. I have consistently pointed out that durable infant products are in a different category because they are useful for a long time (hence the word “durable”) and tend to be handed down from one generation to another, often being used over decades. On this basis, having a way to reach consumers is a good idea. BUT we need to acknowledge an important consequence of this idealistic solution – the new rules tend to make it very difficult or even illegal as a practical matter to START a business catering to these markets. For those companies crazy enough to remain in the durable infant products market, the new rules on registration cards and data retention is a Gift from Above. The infrastructure and overhead burden of this requirement will be unbearable for any except the most well-capitalized companies.

I am glad I don’t need a crib now. Considering how many companies have been crushed by recalls, the penal attitude of the agency (with huge penalties possible LONG after recalls are announced), tough new standards and regulations on the product class, and the new registration cards, I cannot imagine many companies remaining in this market for much longer. The ensuing lack of competition will likely mean fewer products, much higher prices, less innovation, fewer available imports. The CPSIA is a protectionist regime for those few companies not already bankrupt at the hands of the government.

I am not in this business and my kids are older – for once, this is someone else’s problem. I think the government’s approach to fixing this problem is completely wrong. They seem to be taking their instructions from a very small and insular group of consumer advocates whose judgment on these matters is largely unchallenged by industry or an inquisitive media. [Media is only inquisitive these days if they can portray a crisis, it seems to me.] Having bought into these harsh concepts at the hands of consumer groups, the government today is busy patting itself on the back for a job well-done. We’ll see . . . .

In the meantime, with the CPSC announcing micro-recalls like Daiso’s latest (190 pieces recalled – total, including inventory on the shelf – of five items selling for $1.50 at retail), the consumer is left wondering if anything is safe or everything is safe (and the government has lost its mind). I can’t tell you but my guess is closer to the latter. And the Washington Post says you are all checking out. Good job, regulators!

Read more here:
CPSIA – What?! Too Many Recalls – That CAN’T Be!

[Oops, SORRY, there is a consumer product closely associated with cadmium intake: " Tobacco smoking is the most important single source of cadmium exposure in the general population. . . . The absorption of cadmium from the lungs is much more effective than that from the gut, and as much as 50% of the cadmium inhaled via cigarette smoke may be absorbed. On average, smokers have 4-5 times higher blood cadmium concentrations and 2-3 times higher kidney cadmium concentrations than non-smokers. . . . No significant effect on blood cadmium concentrations could be detected in children exposed to environmental tobacco smoke." Time to stop smoking, guys - that's big news, apparently.]

Of course, we shouldn’t ignore the fact that the people who are terrorizing America over cadmium are the very same people who are pushing for deep and invasive regulation of all chemicals throughout our society. It’s the anti-chemicals crowd behind the cadmium panic. Mr. Waxman’s big goal is the reform of the Toxic Substances Control Act (TSCA). Arguably, the CPSIA is the opening shot in his TSCA battle, which explains his utter intransigence in the face of well-documented catastrophes caused by the CPSIA. Cadmium is perfect for that purpose, especially since no one seems to understand the nature of the threat. Just mention cadmium and “bone softening” and the media and politicians melt.

Anyhow, I was wondering how cadmium became so scary. I realize that cadmium is dangerous under certain limited circumstances – but so are many other things that Americans like to use, such as fire, water . . . and guns. It is obviously time for some research. To help you out, I have provided many useful links below. The history of cadmium is VERY revealing. Here’s what I found out:

The discovery of cadmium came long after Rachel Weintraub and Henry Waxman attended school. Back in the olde days when they were educated, the Periodic Table had a different look:

In those days, when chemistry teachers taught the periodic table, position 48 was known as Puppy Dogs. Chemistry instructors typically explained that this element was responsible for sunshine, candy, love and (of course) puppy dogs. Everything that was good and sweet in our idyllic lives were attributable to Puppy Dogs. Element 48, also known as “Smiley Face”, was always the element children liked best. Most lessons were taught staring dreamily out the window at the playground, watching small children frolic and play. Puppy Dogs was good stuff.

The role of Puppy Dogs in our lives and the American Way was a foundation belief in the scientific community for many years.

Later, science took a dark turn. In 2007, scientists in Congress discovered to their horror that lead (Pb) was not only present on the periodic table just two squares away from Puppy Dogs but that lead was a contaminant in certain consumer products. At this time, science had not advanced far enough for Congressional scientists to know that lead has been on the Earth since creation and is found in everything including our food, water and air. Once Congressional scientists were able to detect trace levels of lead in consumer products, a specialist in the Top Secret Congressional Skunk Works connected the dots – “What about kids? If they play with Puppy Dogs, it’s just two squares away from LEAD!” This is what prompted passage of the CPSIA.

Am I being too science-y? Sorry.

As you know, science marches on and in a very recent 2010 development, scientists at the Consumer Federation of America, led by Rachel Weintraub, and at the CPSC discovered that Puppy Dogs was actually NOT the 48th element. After urgent research into how sunlight was created if not by Puppy Dogs, cadmium was discovered accidentally when someone pulled on their earlobe while deep in thought.

Here’s what Wikipedia says about this Nobel Prize winning discovery:

“Cadmium is a chemical element with the symbol Cd and atomic number 48. Cadmium represents a low point in American science education. In a little known provision of the “Treaty of the Meter” signed by the United States in 1878 signalling the promising beginning of the metric movement in our country, the 48th position of the periodic table was deemed to be a Smiley Face and called “Puppy Dogs”. American science, never questioning this regulation, eventually traced the origins of sunshine and love back to this phantom element. In early 2010, scientists at the U.S. House of Representatives noticed that lead (Pb) was located near Puppy Dogs on the periodic table, and in a rapid series of science-y experiments, determined that Puppy Dogs was actually a soft, bluish-white metal chemically similar to the two other metals in group 12, zinc and mercury. Frighteningly, experiments have determined that cadmium, if dumped into a river in massive quantities as mining run-off over a period of decades, will cause bone softening in nearby populations (“Ouch-Ouch Sickness” is also known as one of the Four Big Pollution Diseases of Japan).”

So that brings you up-to-date on cadmium, bone softening and toxicity. I hope this helps you understand why your Congress and the CPSC are trying to save you from dangerous cadmium. Apparently, you need a lot of “saving”. In my case, I am just going to stop drinking from rivers downstream from WWII mining operations in Japan. That should probably be enough protection for me.

Read more here:
CPSIA – Cadmium Crisis Explained

In the case of the McDonald’s Shrek glasses, yes, McDonald’s declared a voluntary recall. That’s not unusual – the vast majority of recalls are voluntary. Only a tiny handful of recalls every year are “mandatory”. In any event, the critical issue here is NOT that McDonald’s made this choice. As we have discussed, the publicity from this event forced McDonald’s hand – they had to protect their brand at all costs. The issue here is that the CPSC apparently “urged” the company to “do the right thing”. [These words come from the OnSafety blog, the official blog of the CPSC, believed to be written by Scott Wolfson, Director of Public Affairs.] It was apparently the “right thing” to do although the agency conceded that the glasses were “not toxic”, in other words SAFE.

While companies are allowed to choose to recall safe products at their pleasure, the CPSC does not have the unlimited legal authority to reach out to American companies and tell them to take this kind of voluntary action.

The power to recall emanates from certain provisions of the CPSA and FHSA. Notably, Section 12(a) of the CPSA, the agency can’t go to court unless there is an “imminent hazard”. What might that be? “As used in this section, and hereinafter in this Act, the term ‘imminently hazardous consumer product’ means a consumer product which presents imminent and unreasonable risk of death, serious illness, or severe personal injury.” Given that the glasses have been acknowledged to be “non-toxic”, this standard is impossible to meet.

The relevant term in the FHSA is “banned hazardous substance”. In Section 2(q)(1)(A), it is defined as “any toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted”. [If a ban is done pursuant to subsection (B) of this clause as a "household item" because it is chemical in nature, it must be done by rule, subject to comment and so on. There was no rulemaking process involved in this case.]

“Hazardous material” is defined in Section 2(f)(1)(D) in relevant part as “Any toy or other article intended for use by children which the Commission by regulation determines, in accordance with section 3(e) of this Act, presents an electrical, mechanical, or thermal hazard.” And Section 3(e) refers only to electrical, mechanical or thermal hazards, clearly inapplicable here.

Bottom line, the McDonald’s glasses are outside the reach of the CPSC . . . if the wording of its principal empowering laws matter anymore.

Read more here:
CPSIA – McDonald’s Shrek Glasses Weren’t an "Imminent Hazard"

“Amid continued concern about children’s jewelry tainted with toxic materials, the [New Jersey] Assembly will also consider legislation targeting unsafe jewelry. The bill comes after 55,000 “Princess and the Frog” necklaces were recalled because they may contain high levels of the toxic heavy metal cadmium. Under the bill (A-2076), no one may sell, distribute, import or manufacture jewelry in New Jersey that contains materials classified as unsafe. The bill also includes stricter restrictions on materials used in children’s jewelry and body piercing jewelry. ‘Buying a necklace or a charm bracelet shouldn’t bring about fears of lead and mercury poisoning, yet the health and safety of New Jerseyans are at risk,’ said Assemblyman Patrick J. Diegnan (D-Middlesex), a co-sponsor. ‘It’s time these harmful products are taken down from store shelves for good.’” [Emphasis added]

Assemblyman Diegnan, noble Democrat of Middlesex, I am getting sick of listening to headline-seeking politicians who have absolutely NO idea what they are talking about. The January 11 AP story you refer to found a small handful of jewelry with cadmium present. There was no mention of mercury or lead . . . . As to cadmium, the CPSC says they have little or no data on ingestion of cadmium in children and can’t even say (based on available data) that cadmium is a carcinogen through ingestion in children (the current evidence on cadmium involves workplace exposure or inhalation, a horse of a different color). Where did you come up with lead and mercury poisoning from jewelry? Was cadmium not scary enough to get you reelected? Do you have any idea if the presence of cadmium in jewelry is even an issue? Science be damned.

This kind of idiocy brings to mind one of the most memorable of our nation’s discarded political parties, the Know-Nothings of the 1840′s and 50′s. This aptly-named party died a well-deserved slow death . . . but seems to have risen from the dead in the form of today’s Democrats.

Know-Nothings, we can’t let them take over!

Read more here:
CPSIA – Science, It’s Really Overrated. So Is Knowing What You are Talking About.

How much of a difference is this? Pretty big, to judge by the frenzy over cadmium in jewelry. Seven Senators have sponsored a bill called the Safe Kids’ Jewelry Act. This law would ban the use of cadmium in kids’ jewelry. Is this “good”? I am not sure how to answer that. To my knowledge, no one has identified a single injury from cadmium in children’s jewelry. It is undeniable that cadmium is a bad element and has the potential to harm. Ergo, jewelry with cadmium is “bad”? I can imagine circumstances where cadmium in jewelry might hurt a child. Then again, if it were so dangerous, where are all the victims?

If this is going to be the new standard, whether a product MIGHT harm someone, I think we are cooked. Assuming that “prevention of possible injury” is to be used as the standard to evaluate products or components of products, let me ask a few questions to see if I understand the “new rules of the road”:

• How certain must the prospect of injury be?
• How specific must the circumstances of the prospective injury be?
• Are we talking about probable injury (more than 50%) or possible injury (odds greater than 0%)? How are those odds to be measured – by unit sold, by contact, by owner, by year, by lifetime use? What’s “reasonable”? [Does anyone care what's reasonable?]
• Are all things that could possibly injure a child now illegal on the same basis?
• If the answer is yes, when will all those other products be banned and/or recalled? Is equity in the treatment of all products “important”?
• If the answer is no, then where do we draw the line?
• How relevant is it that no injuries have been reported?
• How many incidents are required before we declare a product or substance illegal or recalled? How many newspaper articles, editorials or CEH lawsuits are required?
• What responsibility do we have to be consistent in the administration of these rules?

Consistency, that’s important, don’t you think? If cadmium is now tacitly illegal because it might harm a child, do we have to make everything with the possibility of injury to children illegal?

Presumably, since no injuries to children from cadmium has been reported and the Washington Post confirms that doctors do not perceive cadmium as a serious risk (perhaps because it was not prevalent in house paint or in gasoline, hmmm), then anything with the same level of prospective risk would be illegal. That’s more or less everything from water to chicken bones to lead to ruthenium. [Pardon me, ruthenium, one of the world's most expensive and dangerous elements, is a-okay to include in children's products.] Why then aren’t we closing swimming pools which cause more than 250 deaths each year? What about water – you can drown in two inches of water. No more showers?

Is there something special about cadmium, besides that it has appeared in an Associated Press article?

The mania over the prevention of possible injury has turned the business environment into a feeding frenzy that will drive the business community down, down, down. Is that in anyone’s interest? Will we all be safer if we have nothing to buy?

Please consider that the House Energy and Commerce Committee has today weighed in on the Toyota recall. Yes, the same Henry Waxman who is torturing our industry has now turned his talons and sharp teeth on Toyota. Toyota enjoys one of the finest reputations for quality and service in the world. It is renowned as a business leader – and proactively took strong medicine in its gas pedal recall. This is not enough for the venomous Democrats who hate businesses. They need to dig deeper and perhaps damage Toyota enough to help GM and Chrysler, owned by the U.S. government and unions. Bringing the great low, that’s the new American way of the Democrats. It makes me SICK.

I want to close with a note about cows – did you know that cows are killers, too? Yes, they are – the New York Times reports:

“The image of cows as placid, gentle creatures is a city slicker’s fantasy, judging from an article, published on Friday by the Centers for Disease Control and Prevention, reporting that about 20 people a year are killed by cows in the United States. In some cases, the cows actually attack humans — ramming them, knocking them down, goring them, trampling them and kicking them in the head — resulting in fatal injuries to the head and chest.”

COWS kill 20 people a year, cadmium has apparently killed ZERO. We are running pell-mell to ban cadmium from jewelry because a misguided newspaper article fueled panic. Are cows next? Should they be? If cadmium jewelry goes away and cows stay unregulated, will respect for our laws remain?

Respect for Congress, that’s another thing.

Read more here:
CPSIA – What Constitutes "Safe"?

How much of a difference is this? Pretty big, to judge by the frenzy over cadmium in jewelry. Seven Senators have sponsored a bill called the Safe Kids’ Jewelry Act. This law would ban the use of cadmium in kids’ jewelry. Is this “good”? I am not sure how to answer that. To my knowledge, no one has identified a single injury from cadmium in children’s jewelry. It is undeniable that cadmium is a bad element and has the potential to harm. Ergo, jewelry with cadmium is “bad”? I can imagine circumstances where cadmium in jewelry might hurt a child. Then again, if it were so dangerous, where are all the victims?

If this is going to be the new standard, whether a product MIGHT harm someone, I think we are cooked. Assuming that “prevention of possible injury” is to be used as the standard to evaluate products or components of products, let me ask a few questions to see if I understand the “new rules of the road”:

• How certain must the prospect of injury be?
• How specific must the circumstances of the prospective injury be?
• Are we talking about probable injury (more than 50%) or possible injury (odds greater than 0%)? How are those odds to be measured – by unit sold, by contact, by owner, by year, by lifetime use? What’s “reasonable”? [Does anyone care what's reasonable?]
• Are all things that could possibly injure a child now illegal on the same basis?
• If the answer is yes, when will all those other products be banned and/or recalled? Is equity in the treatment of all products “important”?
• If the answer is no, then where do we draw the line?
• How relevant is it that no injuries have been reported?
• How many incidents are required before we declare a product or substance illegal or recalled? How many newspaper articles, editorials or CEH lawsuits are required?
• What responsibility do we have to be consistent in the administration of these rules?

Consistency, that’s important, don’t you think? If cadmium is now tacitly illegal because it might harm a child, do we have to make everything with the possibility of injury to children illegal?

Presumably, since no injuries to children from cadmium has been reported and the Washington Post confirms that doctors do not perceive cadmium as a serious risk (perhaps because it was not prevalent in house paint or in gasoline, hmmm), then anything with the same level of prospective risk would be illegal. That’s more or less everything from water to chicken bones to lead to ruthenium. [Pardon me, ruthenium, one of the world's most expensive and dangerous elements, is a-okay to include in children's products.] Why then aren’t we closing swimming pools which cause more than 250 deaths each year? What about water – you can drown in two inches of water. No more showers?

Is there something special about cadmium, besides that it has appeared in an Associated Press article?

The mania over the prevention of possible injury has turned the business environment into a feeding frenzy that will drive the business community down, down, down. Is that in anyone’s interest? Will we all be safer if we have nothing to buy?

Please consider that the House Energy and Commerce Committee has today weighed in on the Toyota recall. Yes, the same Henry Waxman who is torturing our industry has now turned his talons and sharp teeth on Toyota. Toyota enjoys one of the finest reputations for quality and service in the world. It is renowned as a business leader – and proactively took strong medicine in its gas pedal recall. This is not enough for the venomous Democrats who hate businesses. They need to dig deeper and perhaps damage Toyota enough to help GM and Chrysler, owned by the U.S. government and unions. Bringing the great low, that’s the new American way of the Democrats. It makes me SICK.

I want to close with a note about cows – did you know that cows are killers, too? Yes, they are – the New York Times reports:

“The image of cows as placid, gentle creatures is a city slicker’s fantasy, judging from an article, published on Friday by the Centers for Disease Control and Prevention, reporting that about 20 people a year are killed by cows in the United States. In some cases, the cows actually attack humans — ramming them, knocking them down, goring them, trampling them and kicking them in the head — resulting in fatal injuries to the head and chest.”

COWS kill 20 people a year, cadmium has apparently killed ZERO. We are running pell-mell to ban cadmium from jewelry because a misguided newspaper article fueled panic. Are cows next? Should they be? If cadmium jewelry goes away and cows stay unregulated, will respect for our laws remain?

Respect for Congress, that’s another thing.

Read more here:
CPSIA – What Constitutes "Safe"?

Let’s not forget that in 1972 the Federal Government created a little known agency to handle “threats” like this, namely the Consumer Product Safety Commission. Congress gave the CPSC the authority it needed to do its job. Oddly, today our Democratic-dominated government seems to think that only it can solve safety problems and further must LEAP into action to save us. I question this. Perhaps the CPSC even questions this.

Even more remarkable is the Dems persistence in pursuing a CPSIA strategy to “stop this cold”. Have these Senators learned nothing from the last 18 months of CPSIA chaos and pain, preferring instead to continue legislating without research, hearings or contemplation? Well, the approach “worked” once before and they did read an AP story about it. . . .

Someday these Senators will be up for reelection. Mark your calendars!

Here’s their letter for your reading pleasure:

Sent: Tuesday, January 19, 2010 12:16 PM
Subject: Cosponsor the Safe Kids’ Jewelry Act – keep cadmium out of children’s jewelry

Senators Schumer, Nelson and Klobuchar are seeking cosponsors of the Safe Kids’ Jewelry Act. A copy of the draft bill is attached. Please let Stacy Ettinger in Senator Schumer’s office know, this week, if your boss would like to cosponsor the bill or if you have any questions about the bill.
Also, appended below, please find the January 10, 2010, by Justin Pritchard on the Associated Press’s investigation into use of cadmium in children’s jewelry and the adverse health effects of cadmium exposure (http://www.msnbc.msn.com/id/34793600/ns/health-kids_and_parenting/print/1/displaymode/1098/ ).

SUPPORT THE SAFE KIDS’ JEWELRY ACT
Protect Children from Exposure to Cadmium and Other Toxic Heavy Metals in Children’s Jewelry

Dear Colleague,

We write to request that you consider cosponsoring the Safe Kids’ Jewelry Act. We believe that this bill is vital to protect children from exposure to cadmium and other toxic heavy metals in children’s jewelry. The legislation would prohibit the manufacture and sale of children’s jewelry – including charms, bracelets, pendants, necklaces, earrings, or rings – containing cadmium, barium or antimony.

Cadmium is a soft, silver-white metal that typically is used to manufacture pigments and batteries and in the metal-plating and plastics industries. Cadmium is a known carcinogen and studies show that direct exposure has adverse developmental and reproductive effects and can lead to kidney disease, among other health problems. Infants and young children are particularly vulnerable to the dangerous effects of cadmium and other toxic heavy metals. Children’s growing bodies absorb these metals at much higher rates than adults and long-term cumulative exposure increases toxicity.

This legislation is needed because test findings show a growing presence of cadmium in children’s jewelry as foreign manufacturers switch from lead – now banned in children’s products – to cheap substitute metals. In lab testing for a recent Associated Press investigation, chemists found significant use of cadmium in a variety of charms, bracelets and pendants sold at several popular retail stores.

In addition to banning children’s jewelry made with cadmium, barium or antimony, the legislation provides for enforcement of the ban, as well as further study on whether other heavy metals should be banned for use in children’s jewelry or other children’s products. Specifically, the bill —

· Protects children. Children are most vulnerable to the health risks from cadmium and other heavy metals. The bill bans the manufacture and sale of children’s jewelry containing cadmium, barium or antimony marketed for children ages 12 and under. Products covered by the ban include charms, bracelets, pendants, necklaces, earrings and rings. The ban would take effect 90 days from enactment of the legislation.

· Gives the CPSC flexibility to designate the most effective testing and certification requirements. The bill gives the Commission authority and flexibility to set stringent, effective testing and certification requirements for manufacturers to ensure the safety of children’s jewelry.

· Sets criminal and civil penalties for violations. Children’s jewelry containing cadmium, barium or antimony would be considered a “banned hazardous substance” under the Federal Hazardous Substances Act (“FHSA”). The bill mandates application of criminal and/or civil penalties under the FHSA for any violations of the Safe Kids’ Jewelry Act. The bill requires the Commission to report annually to Congress on its actions to enforce the Safe Kids’ Jewelry Act, as well as whether the Commission imposed any criminal or civil penalties for violations of the Act.

· Does not preempt State or local law. A significant number of States and localities across the country are now considering enacting laws to ban sales of children’s jewelry containing cadmium and other heavy metals. The bill makes clear that the Safe Kids’ Jewelry Act would not preempt State or local laws relating to regulation of products containing cadmium, barium or antimony. The bill also clarifies that the Safe Kids’ Jewelry Act would not affect any enforcement action or liability of any person under State law.

· Requires CPSC to report to Congress regarding heavy metals which should be banned from children’s products. The bill requires the Commission to study and report to Congress within one year on whether other heavy metals should be banned from use in children’s jewelry or other children’s products.

We hope you will join us in supporting this bill. If you have any questions about the bill or would like to cosponsor the bill, please contact Stacy Ettinger in Senator Schumer’s office (4-7945 or stacy_ettinger@jec.senate.gov); Clint Odom in Senator Nelson’s office (clint_odom@billnelson.senate.gov); or Jonathan Becker in Senator Klobuchar’s office (jonathan_becker@klobuchar.senate.gov).

Sincerely,

/S/
Charles E. Schumer
Bill Nelson
Amy Klobuchar

Read more here:
CPSIA – Congressional Eager Beavers Push Anti-Cadmium Law