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!

Read more here:
CPSIA – Apparently, NONE of Us Knows What We’re Talking About

CPSIA – Cadmium Law Rammed Through in California

741 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are 70 days left until Election Day.

California State Senator Fran Pavley (hope you’re sitting down, she’s a Dem) rammed through the latest in state cadmium regulations, setting a 300 ppm limit on cadmium in children’s jewelry. This law, if signed by the CA Governor, will enable a barrage of lawsuits by consumer groups feeding off this kind of CA legislation. Zero lives will be saved, but plenty of jobs will be lost. We are already hearing of companies that are pulling out of California and more will follow. The craziness in California is basically unbearable at this point.

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

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