CPSIA – Apparently, NONE of Us Knows What We’re Talking About

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.

The CPSC just issued its Final Interpretative Rule on the meaning of “Children’s Products”. For those of you with a pile of reading materials on your desk from the CPSC, this delectable morsel weighs in at 63 pages. Add it to the heap.

Good news, however – you don’t need to waste too much time reading it. The time you spent commenting on the prior draft, now THAT was the waste of time. I burned a few hours on that exercise myself – what-a-fool, I will never learn. The REASON you need not waste time reading the final rule is that virtually all comments you (and anyone else) gave were disregarded or discounted. The changes to the rule were minimal or meaningless and there was no reconsideration of the manifold flaws in the “draft” interpretative rule. If you don’t believe me, have fun deconstructing the 63 pages of drivel against all the comments noted and unremarked upon.

So what is the story we should tell ourselves about this little incident? Here’s a few choices for you:

1. Commenting on these rules is a waste of time because the CPSC is tired of the game – they want to get this done, and that means dealing with comments is not in the plan anymore. [Connect the dots with the pending expiration of the testing stay, and you may get a sense of the urgency.]
2. The solicitation of comments is compelled by law but there is no obligation for the agency to accept any of our comments. Since they know best, they no longer care what we think and have decided not to even pretend anymore. It’s a sham process.
3. We’re all incompetents, which is perhaps why we need to have a CPSC so desperately.

I bet it’s no. 3 – we’re all idiots and our comments reflect it. It’s hard to face up to one’s shortcomings . . . but I appreciate the gentleness of the message from the CPSC. Rather than embarrass us by announcing that we business people know nothing, they just politely ignore our ravings.

And think – now that we’ve established that they know everything and we know nothing, processing of recalls and other financially-impactful events with the agency will be much easier. They are right, by definition, and we are wrong, by definition. Simple! We’ll save a lot on legal fees, too, because there won’t be any point in arguing. No, I’m not talking about the PGA. . . .

I love government of the people, by the people, for the people – especially if those people are unchecked regulators!

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CPSIA – Apparently, NONE of Us Knows What We’re Talking About

CPSIA – Happy Birthday CPSIA!!!

Can’t let a wonderful occasion like this go unnoticed – HAPPY BIRTHDAY CPSIA! Two years ago today, President Bush signed the Consumer Product Safety Improvement Act into law, giving vast new powers to CPSC and promising wondrous new levels of “safety” for children in our country.

And how much safer we have become! In my post “Numbers Don’t Lie“, I abstracted the injury statistics from CPSC children’s product recalls over the prior 11 years. I know from “someone who should know” that the CPSC does not tabulate injury statistics like this – so I am your only source even on the second birthday of the CPSIA. No matter, the spreadsheet indicates that there were 242 recalls of children’s products between August 14, 2008 and the end of my study, April 21, 2010. By contrast, there were a total of 657 recalls of children’s products between August 14, 2008 and the randomly-selected end of my study, March 5, 1999. The injuries associated with lead that proceeded the CPSIA were one death and two asserted injuries, and after the CPSIA – one asserted lead injury (in two years). [See "Numbers Don't Lie (Update No. 1)".] What an achievement! It’s so, soooo clear we need this tough new law. . . .

By the way, I don’t mean to be too “science-y”, but a reduction in lead injuries from one death and two asserted injuries in nine years to one asserted injury in two years is simply not a statistically significant reduction. And we must consider additionally that ALL of the injuries, before and after the CPSIA, were ASSERTED BUT NOT VERIFIED. So there may be ZERO recorded actual injuries – we just don’t know. This makes our health improvement objectives even fuzzier.

And the cost of the CPSIA “final solution”? Well, I have calculated that, using the HTA’s estimate of $5.625 billion in annual CPSIA compliance costs (which I believe is low and in any event was calculated before the CPSIA showed its hand on testing frequency – see below), the 11-year cost of compliance is a mere $61.9 Billion. Using EPA metrics for the economic value of a human life and one lost IQ point, and giving full credit to each of the three asserted but unverified lead injuries, I have calculated the cost of the injuries to be $6.1 million over 11 years. That’s pretty symmetrical, don’t you think? $62 billion in costs to save $6.1 million.

Spend $10,000 to save a buck. That sums up this era in a single sentence.

Oh, but it gets even better. In case you, or pick any regulator, are too dense to understand the implications of those numbers for the future prospects of the children’s product market, the CPSC has recently published a rule for comment on testing frequency and “reasonable testing programs”. This rule was due on November 14, 2009 (hence the “15 Month Rule”) but was delayed because the CPSC understood the rule’s potential to literally kill all small businesses in this market. [That would include our business, btw.] So they held a two-day workshop in December 2009 to hear ideas and industry concerns and then spent months crafting the rule. This rule has been in the works for two years now. You have to figure they’re serious.

The CPSC was kind enough to illustrate the costs our business can expect under their sparkling new rule. So I broke out my trusty calculator (again – too math-y? too science-y?) and determined that they intend for us to spend a mere $10,000 per item per year in testing. This includes destroying 54 samples of each item in the process of testing. Anyhow, think of how many products you make – and multiply by $10,000. That’s your annual testing bill now.

Drum roll, please . . . our bill will be a mere $15 million per year! Pretty exciting to get off so easy. No doubt our bankruptcy will make American kids safer. Of course, I am pretty sure it won’t make them any smarter – our educational products will cease to exist. Then, of course, their ignorance of math and science might qualify to run the CPSC. There’s always a bright side to tragedy and catastrophe, I suppose.

It is worth a passing note that this is my 490th blogpost on the CPSIA and its terrible effects. I have submitted comments letters by the bushel basket, testified numerous times at the CPSC (often at their request), testified in front of Congress, been on national TV and radio, wrote Op-Eds and been featured innumerable times in various publications, held a rally on Capitol Hill, met with Commissioners, Congressional staffers and members of Congress, and so on. The CPSC’s actions are not being taken in ignorance. They are being done in the face of reason. This is not partisanism – this is “know nothing-ism”.

So Happy Happy Birthday, CPSIA! Your work is not done, unfortunately. Our company is still breathing.

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CPSIA – Happy Birthday CPSIA!!!

GUEST BLOG: Etienne Veber – Learning the CPSIA Civics Lesson…the Hard Way

Five years ago, I joined Learning Resources eager to leverage my previous experiences for the benefit of a small business that makes a positive and lasting impact on our society. Little did I know then that this decision (one of the best in my life) would totally change my view of our government.

This past week-end my wife and I visited our older son who is currently working as a summer intern for a Member of Congress. We indulged in a personal tour of the Capitol (a pretty amazing working environment if you ask me…). As we went thru the various halls of our legislative branch, we stumbled upon this quote from Louis Brandeis: “The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding”. Of course, he was not thinking about our current CPSIA situation when he wrote these words in 1928. However, if the combination of good intentions with a lack of understanding is not a main source of many unintended consequences in our laws, I do not know what is.

Our Constitution was built to protect us against these types of situations by encouraging all sorts of meaningful dialogue between various opposing groups, and by establishing good science as the foundation to make sound and nonpartisan decisions. Then, why after so many months – with the overwhelming market evidence, the many companies “going under”, so many jobs lost, so many voices shouting for reasonable adjustments, so many questions still unanswered- why has the myriad of unintended consequences of the ill-fated CPSIA still not been addressed yet?

Sadly, the answer has become all too clear.

The Democratic leadership in Congress has consistently refused to have any meaningful dialogue with the various groups involved in this issue, unless they agree with their point of view. I do not need to remind the regular readers of this blog how long it took to have a proper hearing on the CPSIA! And, what has happened since then? NOTHING, absolutely nothing. Obviously, this lack of action demonstrates beyond the shadow of a doubt that the Democratic leadership in fact does not intend on making any adjustments to the law. It does not matter that the CPSIA does not make our products safer, but simply more expensive, effectively destroying an entire portion of our economy (the small/medium companies who cannot afford all these senseless compliance activities).

What really matters is that the Democratic leadership and other CPSIA-supporters look like they are protecting our children in front of a camera. After all, who can argue against more safety for children products? So, while we are at it, let’s have lots of recalls to make people feel that the situation is really dire and that the terrible cost of this legislation (hundreds of thousands of lost jobs) is a necessary consequence!

However, the absurdity of some of the recent recalls and their numbers have reached such proportions that even consumers are now simply tuning out. Did you not hear growing up that one should not cry “Wolf!” too many times, or risk finding oneself without support when it is really needed? This fast evolving situation is the direct result of the political decision from leading Democrats (Waxman & Co.) to strip the CPSC from any true independence. The Commission has stopped using sound judgment and making decisions strictly based on sound science. By playing along with a populist political agenda, the CPSC leadership is responsible for creating a situation that is out-of-hand. The separation of power between the legislative and executive branches was created for a reason!

So what does this means for me? As the president of our company, I have had to eliminate jobs, terminate projects, stop investments in our future growth, and reduce the number of new products we develop each year. Why? Simply to pay for all the incremental and constantly increasing costs of complying with the CPSIA. With new revisions constantly being added to the law and some retail customers “pouring oil on fire,” we may not be done cutting our workforce and stopping investing in the future!

Our products help children engage and develop an early passion for math or science. I think we can all agree that these are the kinds of children’s products we need right now.

Over the last 25 years we have built one of the most prolific innovation engines in the education market. So, the real “losers”, thanks to the CPSIA and the Democratic leadership, will be our children and with them the future of our society!

Did I mention that all these incremental costly requirements will result in absolutely ZERO incremental benefits in terms of safety for our children? Surely you have seen the compelling and comprehensive set of data that Rick has documented so diligently over the last 18 months in this blog. Did I also mention that for more than 25 years our safety record has been impeccable? This situation is absolutely maddening.

I have now learned a civic lesson that I will not forget for a very long time. I want these “well intended ” leaders out the door! I owe it to my co-workers, the teachers that we serve, and to the children that need our products. I can accept a misguided law, but I cannot accept continued intolerance and ignorance from our leaders.

Being on the frontline of this battle, as the president of a small business, has opened my eyes and I am better off from it. Our country needs jobs, lots of them right now, and it is the small businesses – that this wrongheaded Congressional leadership is working so hard at destroying – that can provide them.

Do not close your eyes. Speak up against this CPSIA absurdity and those responsible for its awful implementation!

Etienne Veber is President/CEO of Learning Resources, Educational Insights & Northpoint Horizons

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GUEST BLOG: Etienne Veber – Learning the CPSIA Civics Lesson…the Hard Way

GUEST BLOG – BOSTON GLOBE WRITER TAKES NOTICE OF ALL THOSE CPSC RECALLS

Rick has blogged in this space about how the onslaught of recalls by the CPSC is numbing to consumers. Boston Globe writer Sylvia Pagán Westphal has taken notice in a column over the weekend:

Boston Globe

The safety scare
Separate dangerous products from those that pose little risk
By Sylvia Pagán Westphal | July 7, 2010

IF YOU’RE the parent of a young child and want to be very scared, don’t waste time looking for horror movies on TV. Just go to the US Consumer Product Safety Commission’s website for child product recalls. You won’t be able to sleep for days.

The site features an interminable selection of common children’s products that have been recalled. Some of the depictions are downright gruesome: in cases of defective cribs, for example, there are pictures of baby dolls with necks pinned down between rails, or of their little faces pressed against a mattress, as if suffocating. The intent is, to be sure — for I see no other reason to scare the wits out of an unsuspecting, Internet-roaming mother — to jolt parents into action if they own one of the products.

One recent afternoon, I was clicking through the recalls page when I realized, to my dismay, that during my 9-year stint as a parent I have owned several of the featured items. My colorful rainforest-themed baby swing was there, and so was one of my cribs. The baby sling I used with my son was recalled after three babies suffocated in 2009. The kinds of bath seats I used (and loved) with my daughter aren’t sold anymore, following various recalls.

I never found out about these announcements. Had I taken the time to register each product I might have heard from the manufacturers, but I didn’t do it, and neither do most of the parents I know. Some pediatricians’ offices and stores post selected recall sheets, and there is an e-mail list from Consumer Product Safety Commission one can opt into, but with over 100 of these announcements per year it’s hard to keep track of the information.

Part of the problem is that recall announcements don’t explicitly distinguish between problems with products that are truly dangerous and defective versus products with sub-optimal design that, when used properly, pose little risk. For example, the commission recently recalled a bed because one child got his head stuck in its storage compartment. Not to take away from that kid’s pain, but I have numerous compartments in my home where my children’s heads would fit if they tried hard enough.

In a way, some of the announcements appear to be directed at shielding us from our own parental incompetence. Millions of baby bath seats and walkers are no longer sold due to drownings and falls suffered by babies who were basically left unsupervised. The recent high-profile recalls of drop-side cribs were prompted by deaths that, in some cases, were caused by cribs that were incorrectly put together or were subjected to shoddy home repairs.

Don’t get me wrong: to the extent that these recalls remove poorly designed products from the market the efforts should be praised. If motels and hotels are forced to carry safer cribs, that’s a good thing. But the Consumer Product Safety Commission and other safety advocacy groups should be mindful of putting each recall into perspective, so as not to unnecessarily scare the public. For example, the multiple recalls (and likely national ban) on drop-side cribs comes after 32 documented deaths over the last 10 years and millions of cribs sold. That’s surely 32 deaths too many, but more children die each year choking on food.

There is a real downside to a system that feeds into our nation’s growing safety paranoia, which isn’t healthy either. Many of my overseas friends have a hard time understanding our obsession with safety — we put locks on our toilet seats, cover the corners of tables with rubber guards, and use hand sanitizer with ever-intensifying zeal. Taking that baby walker away, just like covering the table corners, is a bit like avoiding air travel for fear of crashing, while still driving a car every day. The world is a very dangerous place to raise a child. Leave the house and there are hard edges, pointy rocks, and steep inclines everywhere. As much as we’d like to, we just can’t childproof those too.

Sylvia Pagán Westphal is a regular contributor to the Globe opinion pages.

Posted to Rick’s Blog by Alliance for Children’s Product Safety Staff

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GUEST BLOG – BOSTON GLOBE WRITER TAKES NOTICE OF ALL THOSE CPSC RECALLS

CPSIA – What?! Too Many Recalls – That CAN’T Be!

The Washington Post stated the obvious this week in an article Friday entitled “Officials Worry about Consumers Lost Among the Recalls“. Apparently, the surge in recalls has caused consumers to increasingly ignore them. Apparently, many consumers choose to continue to use recalled items or even to eat recalled food. Among the issues, the swelling number of recalls encourages consumers to assume that they are not serious. In addition, the onslaught of recalls is numbing to consumers. Prominent recalls that appear to be based on junk science or Regulatory Multiple Personality Disorder (RMPD), like my personal favorite McDonald’s Shrek glasses which were recalled despite the CPSC’s admissin that they were perfectly safe, only amplifiwa the sense of a system is out of control.

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!

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CPSIA – What?! Too Many Recalls – That CAN’T Be!

CPSIA – Wolfson Fans Fear on Shrek Glasses (Was it a Slow Week at the CPSC?)

It seems that the feeding frenzy over the McDonald’s Shrek glasses just won’t die. No matter that there are zero reported injuries from cadmium in consumer products – EVER – or that the medical community is basically unaware of any material risk to children from cadmium in consumer products. Yet another news report on McDonald’s perpetuated the myth that the presence of cadmium on the outside of the glasses is a danger.

Let’s start with a basic FACT – CPSC spokesman Scott Wolfson put in WRITING that the Shrek glasses were NOT TOXIC. I have previously analyzed this remark and concluded that “not toxic” is the equivalent of “SAFE” (based on the plain English language meaning of the words). Wolfson has conceded in writing that the glasses are safe.

Now the Philadelphia Inquirer quotes Scott Wolfson raising doubts about McDonald’s Shrek glasses:

“‘CPSC is doing additional follow-up work in the aftermath of the recall,’ Wolfson said. ‘The case is not closed.’”

The CPSC is apparently investigating glasses that Wolfson himself called safe. Don’t worry, Wolfson is just trying to keep everybody calm.

Apparently not content with this mess, Wolfson goes on to suggest that some parents (the really neurotic ones) may want to take special precautions with the safe glasses:

“Wolfson, the CPSC spokesman, said risk-conscious parents might want to consider using a souvenir glass simply as a souvenir. ‘If a parent wanted to be as cautious as possible, they should consider not allowing their child to use it as a drinking glass — to keep it as a collectable or just allow it for adult use only,’ Wolfson said.”

The message here, of course, is that the glasses are NOT safe. But they are. So who are you to believe, Wolfson Number One or Wolfson Number Two? Or not believe any of the Wolfsons because they are playing some sort of game with us that none of us can understand?

The Shrek glasses manufacturer certainly seems puzzled. But he seems to be reliant on knowledge of the manufacturing process and perhaps even knows something about science, seemingly a liability these days when dealing with a know-nothing government:

“‘There is nothing wrong with the manufacturing process,’ Jose-Maria Aulotte, Arc’s senior vice president, said last week . . . . Aulotte said the cadmium-based pigments are made in Germany — not France, as a McDonald’s spokeswoman previously stated — and are legal ‘in all countries we do business in.’ He said the pigments are used in red and yellow enamels, and in combinations such as oranges and greens. Once decorated, the glasses are fired at 1,100 degrees Fahrenheit, in a process called vitrification that Aulotte said locks the enamels to the glassware. ‘We’re confident all Arc International products are safe for use by children and adults, and are unaware of harmful exposure related to these pigments,’ he said via email . . . . Aulotte said he was puzzled why the CPSC tests suggested that routine handling could lead to cadmium exposure. ‘It depends on what you do with it. But if you just carry the glass, it should not come off,’ Aulotte said.”

Were the CPSC a logical place with regulators who are concerned about public safety, not public neuroses or headlines, this matter would be long dead. Why couldn’t Wolfson tell the Philadelphia Inquirer that the matter is closed, that he has already informed it that the glasses were safe and that the recall was voluntary at the request of McDonald’s to reassure the public about its cautious approach to safety? Well, of course, that’s not entirely true, as it has been widely reported that the CPSC urged this recall of safe product. What SHOULD the CPSC say? Maybe that they screwed up?

I should live so long.

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CPSIA – Wolfson Fans Fear on Shrek Glasses (Was it a Slow Week at the CPSC?)

CPSIA – Business Roundtable Torches Obama for Anti-Business Policies

In a scorching 54-page letter to departing OMB Chief Peter Orszag, the Business Roundtable and Business Council (via Ivan Seidenberg, CEO Verizon Communications, and James Owens, CEO Caterpillar Inc.) outlined the many problems caused by this Administration for the business community. I am pleased to say that the CPSIA made a cameo in this letter (see below), likewise TSCA reform. I am sure Mr. Waxman cares not, but it’s nice to know that our issues rank right up there.

The bubbling and surging frustration and despair I feel over the two-year CPSIA torture chamber is echoed by prominent business leaders in this letter. Business people are beyond exasperated after 18 months of Obama and his left wing allies who have never had to make a payroll. As I have said countless times now, our company has a sterling record for safety and the children’s product industry itself has an almost unassailable record for protecting children from injury from lead and from phthalates (according to the CPSC’s recall data itself).

How did we turn into public enemy number one? We are left to twist in the wind, and our regulators seemingly could give a damn. I have had enough . . . and that puts it mildly.

Here is the letter. You can read the report by clicking on the link above, it’s rather interesting. I have also reproduced the verbiage on TSCA and the CPSIA below the letter.

June 21, 2010

The Honorable Peter R. Orszag
Director
The Office of Management and Budget
725 17th Street, NW
Washington, DC 20503

Dear Director Orszag:

As a follow‐up to your request to both Business Roundtable and The Business Council for examples of pending legislation and regulations that have a dampening effect on economic growth and job creation, we surveyed our membership to get their views. Attached are an Executive Summary and detailed description of what they see as government initiatives that will cause slower rather than faster growth.

Obviously the list is long, but we believe the cumulative effect of these proposals will help defeat the objectives we all share – reducing unemployment, improving the competitiveness of
U.S. companies, and creating an environment that fosters long‐term economic growth.

As business leaders we are increasingly concerned that the political expediencies of the short‐term harm our ability to partner with government to create policies that foster growth. Now more than ever we need to work as businesses and as government to make the United States a place where we can attract the investment that is needed if we are to remain the strongest economy in the world. [Emphasis added]

We would be pleased to meet with you to discuss any and all of these issues.

Sincerely,

Ivan G. Seidenberg
Chairman & CEO
Verizon Communications
Chairman, Business Roundtable

James W. Owens
Chairman & CEO
Caterpillar Inc.
Chairman, The Business Council

Excerpts:

CPSIA: “Product Safety: The Consumer Product Safety Improvement Act (CPSIA) and the Consumer Product Safety Commission’s (CPSC) implementing regulations are more expansive than necessary to protect consumers and impose unjustifiable regulatory and economic burdens on the regulated industry.” (page 42)

TSCA: “TSCA Modernization: Compliance with the proposed safety standard appears to be nearly impossible and will result in a flood of litigation. It will gridlock American industry, ultimately stifling investment and costing valuable American jobs. Under the complex regulatory framework being proposed, EPA will be unable to meet required deadlines which will effectively bar new products from the market. Under these proposals, foreign manufacturers will have a distinct competitive advantage to produce new chemical solutions.” (page 12)

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CPSIA – Business Roundtable Torches Obama for Anti-Business Policies

CPSIA – What Does "Not Toxic" Mean?

Apparently, certain people who should know better have asserted that “not toxic” does NOT connote safety. They implausibly argue that it’s “not the same thing”. In other words, the argument goes that if you were to contend that something is “not toxic”, it is somehow different than saying that it’s “safe”. I beg to differ. Certain people apparently think I don’t “get it”.

We should check that out, don’t you think?

I am pretty sure these certain people are native speakers of English, so we can’t go there.

Mr. Dictionary stepped up to resolve this difficulty. Here are some definitions that may help sort this out. Some dictionaries do not define “non-toxic”, relying instead on the definition of the root word “toxic”. I hope you, too, can make this leap.

a. American Heritage Dictionary (Official Edition): This is on my desk for just such an occasion. “Toxic” is defined as “Of or caused by a toxin or poison”. The definition of a “toxin” is (in relevant part) “a substance, produced by a plant, animal or microorganism that . . . is capable of producing poisoning when introduced into the body . . . .” A “poison” is “a substance that causes injury, illness or death, esp. by chemical means”. So I derive that “not toxic” means that the substance in question will NOT cause “injury, illness or death”. I think you might call such a thing “safe”.

b. The Free Dictionary: Two definitions of “nontoxic”: (i) not producing or resulting from poison, and (ii) safe to eat. So according to this dictionary, “not toxic” means you can eat it safely. Not sure I’d recommend that for, say, a painted glass, but perhaps other people would.

c. Wikipedia: “Toxicity” is defined as “the degree to which a substance is able to damage an exposed organism.” So something that is “not toxic” is something that has NO ability to damage an exposed organism. Another word for such a thing is “safe”.

d. Thesaurus.com: Perhaps most pertinently, the primary synonym for “non-toxic” is “harmless” and the short definition is “not injurious or dangerous”. The full list of synonyms is “controllable, disarmed, gentle, guiltless, hurtless, innocent, innocuous, innoxious, inoffensive, inoperative, kind, manageable, naive, nonirritating, nontoxic, painless, paper-tiger, powerless, pussycat, reliable, safe, sanitary, simple, soft, softie, sound, sure, trustworthy, unobjectionable, unoffensive”. [Emphasis added] The antonyms are “bad, destructive, evil, harmful, hurtful, injurious, sinful, wicked”.

So, just to be clear, when someone, anyone says something is “not toxic”, what they mean is that it is SAFE. This is always the case, even if they flap their arms wildly about . . . for reasons that only they can provide.

Always happy to help.

Mr. Dictionary

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CPSIA – What Does "Not Toxic" Mean?

CPSIA – McDonald’s Fallout Continues

The spectacle of the McDonald’s cadmium “scare” continued to unfold today.

Let’s not forget that this recall was “urged” by the CPSC although the CPSC admits in writing that the glasses are “non-toxic”. In other words, the glasses are safe. As the manufacturer notes: “‘It could have been any glass company,’ said Ron Biagi, an executive with Arc International, which made the glasses. ‘We all do the same thing using materials from the same suppliers.’” McDonald’s clearly had no choice in the matter, suffering a terrible loss of prestige no matter what the outcome. So the CPSC, Rep. Jackie Speier, one anonymous tipster and a hyperbolic press forced a highly wasteful and destructive recall.

The tumult, chaos and confusion thoughtlessly spawned by the CPSC continues to unfurl in almost predictable fashion: “But the returns [to McDonald's] are just the beginning of the next chapter in the cadmium debate, with the CPSC poised to set new limits on the metal even as it downplays the McDonald’s recall and environmental advocates aim to use the episode to build momentum for reform of federal toxics law.”

A terrible move deserves an even worse follow-up.

What’s the cause for alarm here? The glasses are safe, so says the CPSC . . . as it dramatically lowers the standard for cadmium. Yeah, nobody’s worried.

The consumer group talking heads can’t resist chiming in: “Don Mays, senior director of product safety for Consumer Reports, said cadmium was being used in some manufactured goods to replace lead, which has been eliminated from many products in response to heavy regulation and widespread health concerns. Many of those goods were once commonly associated with lead, like paint and inexpensive jewelry. ‘We’re just starting to see this,’ Mr. Mays said. ‘It’s starting to creep into a lot of consumer products that never had it before.’”

Does anyone care that the CPSC SAYS THIS ISN’T TRUE? “After an Associated Press investigation first uncovered the high cadmium levels in some children’s jewelry, CPSC Chairwoman Inez Tenenbaum publicly warned manufacturers in Hong Kong not to replace lead with cadmium or other toxic metals. Tenenbaum told senators in April that ‘we really don’t think’ companies are deliberately swapping out lead for other hazardous chemicals, ‘but we think they’re being careless and not realizing that you cannot use these metals in children’s products.’” [Emphasis added]

Some in the press aren’t persuaded. After all, urban myths are true . . . aren’t they? “[David Lazarus of the LA Times] notes that Cadmium has probably stayed off the radar for so long because people weren’t widely aware of its use. The focus has primarily been on the danger of lead products, and lead product replacements weren’t a primary concern. Chinese manufacturers began using Cadmium insted [sic] of lead to get the same vivid pigments in product colors.” Right. David Lazarus knows all about this.

And then there are our Democratic leaders in Congress. It’s election season so there’s little incentive to be a calming influence. “Congresswoman Jackie Spear [sic], who first received the anonymous tip about the Shrek cups, doubts Europe is the Cadmium culprit due to its strict manufacturing rules. Spear [sic] suspects either a subcontractor or ingredient provider in China; China is one of the leading Cadmium producers in the world. . . . Spear [sic] says she has legislation in the works that would expand the Cadmium ban in U.S., specifying removing its use in any product for children.”

And the basis for Rep. Speier’s hunch is . . . what, exactly? The glasses were made in a U.S. factory: “In contrast to the Chinese-made children’s jewelry recalled earlier in the year, the drinking glasses were manufactured in the United States, by the Millville, N.J.-based company ARC International. Ron Biagi, vice president for North American sales at ARC, said he was surprised by the recall and vouched for the safety of the glasses. While environmental and consumer groups pointed to the importance of identifying the producer of the cadmium-tainted enamel used on the McDonald’s glasses, Biagi declined to name ARC’s supplier. ‘It’s not fair for me to pull them in,’ he said.” OMG, somebody decent is left in the world! I had about given up hope.

Having set off the blaze, CPSC Director of Public Affairs Scott Wolfson again spewed more of his patented mixed signals sure to sow seeds of doubt: “‘What’s so important is for parents to understand the difference. … Children are not at an acute risk; the glasses are not toxic,’ Wolfson said, adding that ‘there are no signs we’re looking at a wave here of cadmium becoming the next lead.’” Which is why, Scott, you and your agency acted so promptly to push for a recall of this non-toxic product made of common materials in wide distribution in this country for years without any detectable adverse health effect? Which is why you told America to stop using the oh-so-safe glasses “immediately” in your OnSafety blog? Do I have this wrong? Clear as mud. Very believable, too.

There are terms for this that are too crass for a family publication like my blog. Let your imagination run. How will all this resolve itself? Of course, not very well. Justified by fear of “bone softening” (that sounds HORRIBLE, doesn’t it?) and other bizarre maladies that supposedly COULD befall us from unspecified exposure to cadmium, we will get many new and ineffective regulations imposing yet more devastating costs and devastating risk on the children’s product industry.

While hatred of government is a necessary by-product of the massive self-inflicted injury of the CPSIA, we will more pertinently be faced with the difficult challenge of protecting our life’s work – our businesses. The livelihoods of our friends and associates at our company, the economic well-being of our customers and suppliers (often our close friends, too) and in our case, the economic future prospects of the kids who are being educated with our products, all hang in the balance. I don’t know what stops this freight train before it tragically collides with reality. Certainly not leadership or a show of character from our government.

I hate to close these essays sounding like a Tea Bagger (not that I resent the label). I don’t wish to be marginalized for having strong views about an abdication of leadership and judgment by our government leaders. Say what you will, the McDonald’s fiasco was fomented by politicians with agendas. Many companies and people – and our economy – will be severely damaged as a result.

There’s nothing to be proud of here.

Read more here:
CPSIA – McDonald’s Fallout Continues

CPSIA – More Details on Schylling Penalty Fiasco

The worm continues to turn on the Schylling penalty. Buried DEEP in the “easy to use” CPSC website are documents relating to the timeline of this penalty assessment.

1. First agreement was signed by the CPSC six weeks after Schylling on January 19.

2. The CPSC Commission met on February 3 to ratify the agreement. The vote is 4-1, with Anne Northup voting no. Northup apparently objected because she felt the penalty was out of line with other penalties set by the CPSC (too high).

[Ed. Note: I have been repeating myself of late when I assert that these penalties are PRECEDENT to be used against YOU. Ignore them at your peril - they are an evolving, common law measuring stick for penalties that may be assessed against you. Fact patterns are very difficult to compare but luckily big round numbers are easy to compare. Schylling may be . . . you next time.]

3. On February 5, in a remarkable and unexplained about-face, Tenenbaum, Adler and Northup voted 3-0-2 to rescind the agreement and send it back for to the staff “for further consideration of the financial condition of the company“. Nord and Moore didn’t vote.

5. On May 25th, the Commission again met to decide the fate of the beleaguered Schylling. By a vote of 5-0, the Commission approved the new, doubled penalty. Here is what the Record of Commission Action says: “The staff alleges that Schylling’s importation, sale, or offering for sale, certain consumer products, tin pail toys and spinning tops, entrusted to or for use by children, violated the Lead Paint Ban, and that Schylling committed these prohibited acts “knowingly” as that term is defined in section 20(d) of the CPSA. The settlement agreement also resolves certain possible liabilities of Sections 19(a)(1) and 19(a)(4) of the CPSA for possible CPSA violations with other products. Section 20(a)(1) of the CPSA, 15 U.S.C. § 2069(a)(1), permits the imposition of civil penalties for the violations.”

As noted in my prior post, there is a question of whether the Statute of Limitations on penalties permitted the assessment of this punishment. The focus of this document seems to be on lead-in-paint violations, which were probably beyond the reach of the CPSC’s legal authority to assess penalties. Schylling paid anyhow.

So what happened? Only Ms. Northup provided a written statement. Her statement begs many questions but does provide fodder for conjecture. Here are some salient quotes:

“As an aside, I personally believe that it is inappropriate and risky for companies to ask political figures—including those who exercise control over the agency via budget or supervisory authority—to try to persuade the Commission to reduce a civil penalty. Our civil penalties are open for public comment for two weeks after publication in the Federal Register, and elected officials can comment upon them at that time. Intervention during the Commission’s quasi-judicial civil penalty decision-making process creates the possibility of conscious or subconscious influence on the fair resolution of cases. It also creates a perception that penalties vary according to the political influence of the violator rather than the severity of offenses. . . . The penalty will deter non-compliance and create the proper incentives to import safe products in the future without crippling the company. I believe Schylling has received a proportionately lower civil penalty than a similarly situated major corporation would receive if it engaged in similar conduct.”

Hmmm. Seems to be a case of foot-in-mouth disease on someone’s part. I admire that Ms. Northup was offended by the “insider baseball” approach apparently adopted by Schylling. The notion that the CPSC and the federal government is some kind of “good ole’ boys” club is both outrageous and not even slightly surprising. Who doesn’t imagine that there are people out there who have the ability to make your problems go away with a simple phone call? It’s nice to see Ms. Northup to take a stand on this. Quite interesting that it is a Republican ex-Member of Congress who was apparently offended. Surprising only because of the press bias against Republicans these days. Good for you, Ms. Northup!

One can imagine an ill-advised or ham-handed conversation that set off this odd sequence of events. This may also be why a new law firm was appointed by Schylling.

I still get the feeling that anger determines the size of penalties by this CPSC. Think Daiso. Since Ms. Northup speaks in terms of deterrence, I presume she is addressing our company and companies similarly situated (like yours). We are supposed to be influenced by these penalties. I sure will be. I can’t try any harder or spend any more time or money on safety. [Consumers, please note our almost unblemished safety record over 26 years - no more time is NEEDED, either.] Unfortunately, we have to spend a few moments every day tending to the OTHER needs of our business, like sales, marketing, product development, order fulfillment, accounting and so on. It’s a shame we can’t spend every waking moment on safety. What a world that might be.

In any event, I will be influenced by the mega-penalties that the angry CPSC is handing out. Given my conviction that there is no more time or money available for “more” safety, how will we be influenced? Well, we might hire fewer employees, develop fewer products, invest in fewer systems to operate our business better, pay lower bonuses, take money out of the business, enter new markets not subject to the prying eyes of the CPSC, and so on. We haven’t decided how to be properly influenced by the incentives so generously provided by the CSPC . . . but it all sounds good, right?

Time will tell.

Read more here:
CPSIA – More Details on Schylling Penalty Fiasco

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