CPSIA – WSJ’s NINTH EDITORIAL Opposing the CPSIA

REVIEW & OUTLOOK JULY 20, 2011 Toying With Deregulation Another agency ignores Mr. Obama’s executive order. Here’s a question for White House regulatory czar Cass Sunstein: Do Presidential executive orders mean anything? Only last week President Obama asked independent agencies to examine existing rules and get rid of the duds, but nobody is listening. Within days of the executive order, the Consumer Product Safety Commission voted 3-2 that it is “technologically feasible” to impose a lower limit on lead content in children’s products, reducing the level to 100 parts per million from 300 parts per million. The new limit, which will go into effect August 14, will mean one more round of hair-pulling for small business owners who will have to change their manufacturing processes and junk existing products that don’t meet the new standard. The three votes in favor came from Mr. Obama’s chairwoman Inez Tenenbaum and two other Democratic commissioners. The Consumer Product Safety Improvement Act passed in 2008 in a frenzy of concern over lead content in toys from China, and it has since tormented anyone who makes or sells bicycles, books, children’s jewelry and so much more. Its strictures have imposed costs for testing, recalls and other inconveniences without any reasonable correlation to the risks to children. “No sweetheart, don’t eat that bicycle!” According to the CPSC, the plan to require that products be 99.99% lead free is reasonable because manufacturers would still be able to find materials and because some products already comply. While the additional safety gain will be negligible, the change will do damage in other ways, causing companies to avoid recycled metal and plastic, which may contain higher amounts of lead. It will also raise costs for metal parts, potentially driving some businesses to substitute plastic for metal, or stop producing children’s products. In the bicycle industry, a quarter of manufacturers have stopped making kids bikes. Instead of fixing its manifest flaws, Congressional Democrats who wrote the law have shrugged off small business complaints and opposed any changes. Energy and Commerce Chairman Fred Upton and Commerce, Manufacturing and Trade Subcommittee Chair Mary Bono Mack introduced reforms earlier this year that would revise the law and give the CPSC greater authority to make regulation decisions based on actual risk. The bill is waiting for a mark-up at full committee but any reprieve would likely come too late for businesses facing the mid-August deadline. Mr. Obama’s recent executive order is voluntary, but the President told agency heads that getting rid of red tape was an opportunity to “forge a 21st-century regulatory system that makes our economy stronger and more competitive.” Perhaps Mr. Sunstein will tell toy makers it’s the thought that counts.

Read this article:
CPSIA – WSJ’s NINTH EDITORIAL Opposing the CPSIA

CPSIA – Sound Bite Justice

Today the CPSC Commission voted 3-2 to impose the 100 ppm lead standard retroactively as of August 14, 2011 , having concluded that there are no materials or products that the CPSC staff could identify for which this level of lead is not “technologically feasible”.  This vote has been long predicted and anticipated.  The entire meeting was conducted in a thoroughly partisan manner, with sharp dividing lines between Dems and Republicans.  What-a-shock.  I experienced a range of emotions watching this two-hour hearing.  None of them were surprise.  I experienced some boredom, as the debate was so predictable and so repetitive of past meetings.  Many self-serving remarks by the Dem zealots.  I experienced a mild sense of hopelessness, as it is clear that the Dems are unreachable. I experienced rising exasperation over their refusal to listen or consider data – unless it agrees with pre-existing agendas and alliances.  It is hard to not feel you are appearing before the Hanging Judge.  I won’t attempt to analyze what was really going on today, you already know it.  The posturing was sickening among the Dems.  That said, you deserve some flavor of the event.  Here are a few tidbits for your amusement or annoyance: She’s just the nicest! Inez Tenenbaum explained that the 100 ppm standard would have gone into effect if the CPSC had not chosen to decide the question of “technological feasibility”.  As she sees it, ” this [decision] is a courtesy to people .” What, Boeing isn’t covered by the CPSIA?! After vigorously stating her case on the cost-benefit analysis of this rule and condemning the possible adoption of this rule as a violation of the recent Executive Order applicable to the CPSC, Ms. Nord restates the obvious. Unfortunately, the power of her logic was lost on at least three of her colleagues by my estimate:  ” Just because a material is out there for a jet plane, doesn’t mean that it’s appropriate for a toy plane .”  No! Is that a promise, Bob? Defending caveman logic to his followers, Bob Adler rebuffed the Executive Order argument and the order of the person who appointed him to his post:  ” This is not a new Executive Order . . . . [They] said could you at least do a plan for economic analysis and I do think that we are planning on doing that and we have done that in the past. It says “to the extent permitted by law” we should do cost-benefit analysis. And I just wanted to say over my dead body would I agree to do the kind of cost-benefit analysis that is contained in Section 9 of the [CPSA]. That is paralysis by analysis. If you look at the data . . . nine [CPSC] standards in 30 years using those procedures. I am not against cost-benefit analysis; I am definitely against the kind of cost-benefit analysis that’s contained in our statute. Section 101 does not EXPLICITLY bar a cost-benefit analysis but it effectively does so .”  [Emphasis added] I find this rather interesting as he challenged me on February 16 with the question of whether I recommended that he violate the law.  It was a tense moment – he was trying to corner me into telling him to spurn his Congressional mandate.  Nevertheless, it is appears that Bob can pick and choose which laws bind him and which do not.  That shouldn’t surprise anyone who went to law school.  Law school profs always know the right answer, even if it makes no sense to anyone but themselves.  They care sooooo much, they really feel our pain . . . . Ms. Tenenbaum set the records straight on the purity of her good intentions:  ” I so believe that we have been diligent in looking at the marketplace and surveying materials. We have admitted it would be an extra cost to some companies and been out front. But, again, ‘technological feasibility’ the definition is not ‘economic feasibility’. Not that I don’t sympathize with small business owners and that is why we have worked on other rules [like the component part rule]. We are trying to be as flexible as possible and work with small businesses and the industry to accomplish what Congress mandated for us to do .” I know it’s just a detail but in the last three years, what exactly has this “effort” achieved?  Oh yeah, I forgot about Neal Cohen – we can cry on his shoulder!  In fact, Ms. T. closed the event with the offer that Cohen has his box of Kleenex ready for you whenever you need him. Somebody’s getting the shaft, let the record reflect. Nancy Nord noticed something the Dems must have missed:  ” You know, one of the things that is of concern to me is that the penultimate recommendation from the staff here is that ‘complying materials APPEAR to be commercially available for most products.’ Listen to the hedge words there in the staff recommendation. They ‘appear to be’? Well, let’s find out for sure and let’s do it on a product category basis. ‘Most products’? Well, what about the ones that can’t meet it? That’s our responsibility as [regulators], colleagues .” Hmmm.  Professor Adler grades the final exam. Bob Adler was in top form today.  The “over my dead body” remark was just an appetizer.  He went on to inform us that comment letters which arrive late are not operative, especially if they did not properly read his mind on what he wanted to see: ” I do want to also comment on some of the last minute submissions we got from our friends in industry, and I always appreciate those comments and I do consider a lot of these folks to be good friends both of this agency and of mine. But it’s really hard to take it seriously when it comes in at the penultimate or ultimate moment when you’ve had a lot of time to get that kind of information to us . . . . [Recites all the opportunities to comment prior to this hearing.] All of that, if you want to make a point, would have been very helpful especially we’d had the kind of hard quantitative data that SGS and the Hong Kong-American Chamber of Commerce gave us. And I’m going to just make a brief comment = you’re free to do it, it’s not helpful to tell us we’ve read the law incorrectly. I think we’ve read it correctly. I don’t think it’s helpful just to tell us that it’s going to be difficult and more expensive to get compliant materials. I think we know that, I think the staff told us that. What we needed was more hard data demonstrating the points that you’re making because what we really got were a lot of conclusory assertions when what we really needed was some hard quantitative data. And all the hard quantitative data I’ve seen really points in the opposite direction. So I really appreciate all the last minute comments. Too little, too late as far as I am concerned .”  [Emphasis added] This lecture was repeated three times by Mr. Adler unprompted, for reasons best understood by him.  Interestingly, Mr. Adler seems to have forgotten that I presented hard quantitative data on this same topic in my timely-filed 100 ppm comment letter and in my Febuary 16 testimony.  Of course, it did not agree with the SGS or HKACC submissions.  I guess since he found their data useful, mine must have been wrong.  According to his remarks today, I didn’t even submit it, which is rather surprising since it was discussed extensively in the Staff report :  “Learning Resources reported 98.3 percent compliance with the 100 ppm standard for its products, but found this compliance level to be unacceptable because of the difficulty in identifying where the noncomplying components would turn up.” Bob Adler flips his flop. You would think with three repetitions of his condescending lecture on late submissions, that Professor Adler must mean it.  Can’t get a good grade in his class with that behavior, right?  Well, maybe not for the teacher’s pet:  ” One very quick point, well two. One is that the [AAP] study you shared with us, and again thank you so much Commissioner Northup, is a 2005 study. We got a letter last night from the American Academy of Pediatrics reiterating their support for moving down to these levels. . . . ” Bob Adler wings it. . . . In the face of a vigorous attack by a well-prepared Anne Northup on the shoddy scientific data presented by the AAP supporting the “no safe level of lead” assertion, Mr. Adler lapses into hyperbole and fantastic assertions incapable of validation: “It isn’t just the [AAP]. A lot of what they’ve done has been drawn from research done around the world on the effects of lead. I’ll bet there must be ten thousand, I know there are thousands and thousands of studies on lead, all of which point to the very severe toxic effects associated with [these products] .” Mother knows best! In a truly shocking display of personal preference substituting for appropriate policy and regulation, Ms. Tenenbaum decided that we don’t need recycled materials in children’s products because who would want them anyway?  ” The scientific community has shown us over and over again that lead is cumulative and so I think there are safety benefits in reducing the exposure to lead and the accumulation of lead in the body. Also, I don’t know that parents are interested in having products that their children use, particularly infants and young children, that are mouthable being made of recycled materials, recycled materials that may contain a higher level of lead. Recycled plastic – do you want your child to have a recycled pacifier? Well, that is why Congress has set these strict limits.” [Full disclosure, we recently won a toy industry award for environmentally-friendly toys made of recycled plastic.  No one has objected to them to my knowledge, and believe me, they are wonderfully and thoroughly tested for compliance.] And the support for Ms. T’s bald assertion is . . . what?  Did she find something in the legislative record?  Is there some verbiage in the law?  I have not heard this previously from anyone at the CPSC but notably I have repeatedly noted that the CPSIA will be the death of recycled materials in children’s products .  Still, Ms. T’s logic is irresistible – she is there to figure these things out for us and certainly knows best.  After all, she loves children, probably much more than any of us. She cares.  What else do you need to know?  With her power to impose policy, her preferences will become our marketplace.  Brave New World, courtesy of the Nanny Staters. Tenenbaum says you can ALWAYS file for an exemption! Ms. T. reminded the audience at least four times that if they wanted to, they could ALWAYS file for an exemption if they can prove their product or material can’t be made to the new standard subject to the non-economic technological feasibility test.  The door is always open . . . . This promise seems to be in denial of reality.  Let’s start with the fact that the CPSC staff studied this question for more than a year and concluded, as summarized in a 59-page tome, that EVERYTHING is technologically feasible.  That seems to put us all against the wall when it comes to exemption petitions.  And then there’s the fact that for three years, nobody has been able to get an exemption for anything, regardless of how obvious the case, unthreatening the use or how well-funded the supplicant. Notes Ms. Northup:  ” I just think we should warn the public that it is unlikely that any petition would be accepted and that that is, first of all, for anybody to file it would be far more costly than to just pay for the materials and increase the cost of their products in all likelihood, not to mention the delay they would have in us in actually addressing their petition .” And Nancy Nord speculates that petitions for relief are highly unlikely in any event:  ” I will just tell you, in my conversations with folks out there, there is a feeling that ‘why bother?’ There is a comment weariness, there is a sense that it isn’t worth the candle, and so I guess if you’re not a company that’s either been put out of business or not making the product, you don’t have the money to hire the lawyer to file the petition. So I think that’s just an empty option for most people .” Who do you believe?  Hey, as Ms. T says, the door’s always open even if it’s the door to oblivion. The outcome of the decision to implement the 100 ppm standard was foretold but let’s not forget something important – this is a retroactive rule as implemented today .  Unless Congress acts, we are all in the soup.  Even worse than before.  Call your Congressman and don’t stop until they take action.  Mr. Obama must sign something by August 14 or all hell breaks out . . . again.

See the original article here:
CPSIA – Sound Bite Justice

CPSIA – Alliance for Children’s Product Safety Reacts to 100 ppm Decision

The Alliance for Children’s Product Safety, a coalition of small business owners, manufacturers, crafters and entrepreneurs who are impacted by the Consumer Product Safety Improvement Act (CPSIA), issued the following statement regarding the CPSC’s passage of the 100 ppm for lead content rule today by a vote of 3-2. “Today, just three days after President Obama issued an Executive Order instructing the CPSC and other independent agencies to examine all rules for ineffective and unnecessary burdens and instructed the agency that decisions should be made only after consideration of the costs and benefits of new regulations, the CPSC enacted yet another costly rule that will do nothing to improve product safety but will cause further job losses in the children’s product market. The CPSC has already acknowledged that businesses will not be able to meet the 100 ppm lead standard without cost and disruption, and that consistent compliance with the new standard will be nearly impossible due to material and inter-lab variability and regulatory uncertainty. Most importantly, overwhelming costs imposed by the new standard will disproportionately affect smaller companies. On the other side of the ledger, the CPSC admits the health benefits of the new standard will be ‘minimal’. President Obama’s Executive Order states ‘Wise regulatory decisions depend on public participation and on careful analysis of the likely consequences of regulation. . . . To the extent permitted by law, such decisions should be made only after consideration of their costs and benefits (both quantitative and qualitative).’ The President’s order notes the duty of the CPSC to regulate for public health and safety ‘while promoting economic growth, innovation, competitiveness, and job creation.’ The new rule fails Mr. Obama’s test. It is disappointing that the majority of CPSC Commissioners ignored the explicit terms of the President’s order governing regulatory excess. The 100 ppm standard is a prime example of the economic self-destruction caused by the CPSIA: the imposition of costly and burdensome regulations that don’t improve product safety. It is now up to Congress to fix the numerous ‘unintended consequences’ of the CPSIA before more small businesses are forced to go out of businesses and more jobs are lost.” The Alliance for Children’s Product Safety, Chaired by Rick Woldenberg, is a coalition of small business owners, manufacturers, crafters and entrepreneurs who are impacted by the Consumer Product Safety Improvement Act (CPSIA). For additional information, please visit www.AmendTheCPSIA.com or contact Caitlin Andrews at 202-828-7637.

Original post:
CPSIA – Alliance for Children’s Product Safety Reacts to 100 ppm Decision

CPSIA – 100 ppm Vote – What They Knew and When They Knew it

What did they know and when did they know it?  The vote on 100 ppm is going on this AM, so it’s too late to do anything about the projected 3-2 vote implementing this pointless and self-destructive provision of the CPSIA.  From my perspective, having investing time and money in trying to stop this train wreck, it has been a long time since there was anything we could do about it.  It’s not our country. I have written about this provision endlessly in this space. I thought I would just put up a couple bits of info previously disclosed here for perspective on the vote. The 100 ppm lead limit vote is a vote of conscience.   The Commission knows what they are about to unleash.  I told them in no uncertain terms during my February 16th testimony : From the CPSC Staff analysis of 100 ppm : “[While] staff does not have data on potential lead exposure from products that have lead content less than 300 ppm, but more than 100 ppm, staff expects that the overall contribution of such products to lead exposure in children is minimal.” “Staff has found no intentional uses of lead in materials at concentrations at or near any of the three statutory lead limits (i.e., 100 ppm, 300 ppm, or 600 ppm). . . . Without the intentional use of lead in materials or the use of certain recycled materials, the lead content of most materials is substantially below the mandated limits.” Notably, NO consumer group has responded to my call or Congress’ call for the identities of previous victims of the “hazard” that the CPSC purports to regulate.  With no victims identified EVER ANYWHERE , the claims of benefits from this provision are spurious at best. What is the EPA’s opinion on lead in dirt ?   400 ppm in play yards and 1200 ppm elsewhere is just fine.  No word yet whether G-d, the manufacturer of dirt, has to provide comprehensive testing for compliance. What is the economic impact of this change?   The CPSC did not do a cost-benefit analysis as Obama’s Executive Order requires now, but only provided “Economic Information” (cost only, no benefit analysis): “[Bringing] products that do not currently comply with the 100 ppm limit into conformance is generally expected to result in increased manufacturing costs. . . . [Manufacturers] of children’s bicycles experienced a 20 to 25 percent increase in the costs of metallic components when the lead content limits were reduced from 600 ppm to 300 ppm. . . . Learning Resources, Inc., a manufacturer of educational materials and learning toys, said it expects a 10 to 20 percent increase in the cost of producing finished goods when the lead content limit is reduced to 100 ppm. . . . testing costs may rise . . . . Because there are limits to the reduction in profits that firms are willing and able to accept, some manufacturers are likely to reduce their selection of children’s products or exit the children’s market altogether. Some manufacturers may even go out of business. . . .” “The higher costs associated with metal components will probably result in some efforts to substitute lower cost materials. Plastics, for example, might be substituted for metal parts in some products. Some of these types of substitutions may affect the utility of the children’s products. . . . Additionally, and as noted in comments from the Handmade Toy Alliance and the Bicycle Product Suppliers Association, it is likely that the costs will have relatively greater consequences for smaller manufacturers and artisans, who have less bargaining power with components suppliers, fewer technical resources, smaller production runs to spread testing costs over, and smaller product lines.. . . ,There appear to be few readily available options for mitigating the costs associated with the 100 ppm content limit. . . .” Mr. Obama’s Executive Order requires the agency to make actual cost-benefit assessments of this change in law now.   I made the same call on February 16, 2011 during my testimony on 100 ppm: You can find numerous other clips from the 100 ppm hearing in posts in this space in late February or on YouTube.  You can also read my comment letter on 100 ppm.

Read the article:
CPSIA – 100 ppm Vote – What They Knew and When They Knew it

CPSIA – Oversight Hearing Set for July 6th

The House Energy and Commerce Committee is holding an oversight hearing on July 6th entitled ” The Views of the Independent Agencies on Regulatory Reform ” featuring CPSC Commissioners Bob Adler and Anne Northup.  Other agencies will also be questioned (FCC, FERC and FTC).  Break out the popcorn!

Read More:
CPSIA – Oversight Hearing Set for July 6th

CPSIA – What’s the Difference?

The current debate over the need for mandatory CPSIA testing of children’s products derives from consumer advocate assertions that American consumers “want” this testing to be “assured” that products are not laden with lead.  This assertion has never been backed up with real data (other than ” push poll ” data) but strikes a nice chord with certain politicians seeking to have something nice to say on the stump. Has this very notion, that mandatory testing “assures” anxious consumers, ever been tested?  More to the point, how does mandating testing achieve anything – given that the core issue preceding the CPSIA was compliance with the rules.  In other words, prior to the CPSIA, a small number of companies making children’s products (some of them large multinationals like Mattel) did a poor job of following the rules. Some quite  notoriously ignored the rules , too.  Despite the fact that the agency had the legal power to enforce against these companies and despite the fact that these companies were not following the rules, Congress decided what we really needed were more rules.  Apparently, when companies don’t follow one set of rules, there is a big need for more rules. More rules certainly solved the problem. . . . And out of that effort grew the myth that mandated testing was absolutely necessary to keep America safe.  Of course, mandated testing for real hazards isn’t controversial.  For instance, you will not find one peep from me about testing for lead-in-paint since 2008.  That’s a real hazard, actually linked to real, actual victims.  However, the CPSIA invented a couple new standards concerning “hazards” not previously documented to have caused any actual injuries, and instituted mandated testing.  This was Congress’ solution to a perceived lack of compliance by the market. How does that work logically?  There were standards or rules previously, and they were notoriously ignored by a small number companies. That made everyone “mad” and gave people like Dick Durbin something to spout off about.  But the fact is, the rules were well-known and were nevertheless ignored.  We can certainly conclude from this experience that the existence of a rule is not assurance that the rule will actually be followed.  Compliance is independent from posted restrictions.  [Have you ever been cited for speeding?  'Nuf said.] The new rules mandated third party testing for every product.  Why?  Purportedly to make SURE that every product complied with the standards that Congress felt were being ignored.  Since we “cannot trust” companies to obey these standards, they must test.  Apaparently, we trust these companies to test even though they previously ignored the mandated standards.  And this apparently helps the CFA sleep better at night. But if a small number of companies were ignoring the old rules, what makes Congress think a small number of companies won’t ignore the NEW rules and simply lie about their testing or cut a few corners . . . until they get caught?  Good question?  I have no answer to it.  The Dems don’t like to talk about this.  In their perfect world, while the old standards were rules that might be ignored, the replacement rules (mandated testing) will CERTAINLY be universally followed.  No reason for this conclusion has ever been provided.  The lack of rationale has not deterred the Dems from clinging to this idea like grim death . . . . Not all of the new CPSIA rules work to protect consumers, but disclosure of the facts is not forthcoming if it might reflect badly on the agency or Congress.  For instance, you may recall that companies can petition to certify firewalled in-house labs to conduct testing on a “trust me” basis - this rule effectively only benefits big companies like Mattel.  Yet when Mattel recalled 11 million units of its toys last September , nothing was disclosed about the involvement of its firewalled labs in the recalls.   Were any of these items tested in0house and passed?  Let’s not forget that Mattel is largely responsible for the CPSIA because of its bad acts.  Was the firewalled lab rule a bummer for American consumers?  This is not a question welcomed by Dems. And if a small number of companies will skirt the NEW rules on madndated testing, what happens to the rest of us?  Well, our costs will certainly go through the roof and put us at a disadvantage to the scofflaws.  In other words, the more compliant you are, the worse you fare competitively.  Many of us would rather eat sand than knowingly break the law.  So our costs skyrocket, and the basic problem that Congress wanted to solve (presumably, making consumers safer, not making consumer advocates sleep easier in their naivete) is not advanced at all. Is this economically-efficient? Stupid question - to this politicos, it only matters what the CPSIA sounds like on the stump.  Is anyone safer?  Well, first tell me whether a markedly lower percentage of cheaters are present in the market. Let’s get one thing straight:  there is no way to know if you are complying with lead content standards without testing.  Whether testing is mandated or not, testing will need to take place to assess compliance with mandated levels of lead in children’s products.  Mandating compliance with the standard and mandating testing is the SAME THING – but the big difference is that in the former case, we can run our businesses and succeed or fail based on our ability to run those businesses well and competitively.  In the latter case, the government becomes our partner and nothing we do is beyond their scrutiny and “advice” (needed or not). After all, they have nothing better to do.  Catch criminals?  Please – watching over our shoulders is all they have time for. We can only hope that some Dems will wake up and do the right thing for our economy and job creation.  This three-year disaster is a metaphor for everything that’s wrong with our current government and political leadership.  I wish it were otherwise, but there is no sign that the Dems care what we have to say.  Until this storm breaks, we are doomed to slowly asphyxiate through mandated testing under the supervision of the government.

Visit link:
CPSIA – What’s the Difference?

CPSIA – CPSC Announces that 100 PPM is Technologically Feasible

The CPSC put out its report today concluding that the 100 ppm lead-in-substrate standard may come into force on August 14, 2011 because it is technologically feasible.  To quote: “Based upon this analysis, the staff could not recommend that the Commission make a determination that it is not technologically feasible for a product or product category to meet the 100 ppm lead content limit for children’s products under section 101(d) of the CPSIA.” This applies to EVERY product and EVERY product category. You are now OFFICIALLY SCREWED and may begin throwing out inventory.  Don’t expect Congress to help you out.

View post:
CPSIA – CPSC Announces that 100 PPM is Technologically Feasible

CPSIA – NSSEA Calls for Letters on ECADA

The NSSEA (National School Supply & Equipment Association) is calling for letters in support of the pending CPSIA Amendment legislation (ECADA).  Please send the below letters BY FAX to your House Representative and to members of the House Committee on Energy and Commerce.  You can get the fax numbers off each Representative’s website.  The mark-up may happen as soon as Monday June 20th (but is not scheduled yet to my knowledge). Now’s the time to stand up and be counted!!!  There are two forms of letter below (Manufacturer and Dealer/Retailer).  Please modify as appropriate. Letter from Manufacturers : Dear XXXXXX: I am writing as a constituent and concerned member of the National School Supply & Equipment Association (NSSEA) to express my support for HR 1939, the Enhancing CPSC Authority and Discretion Act of 2011 (ECADA). We urge you to support this important bill that fixes problems created by the Consumer Product Safety Improvement Act (CPSIA) while maintaining the core provisions of this law that ensures the safety of consumers. [INSERT INFORMATION ABOUT YOUR BUSINESS, INCLUDING NUMBER OF EMPLOYEES] The safety of our products and the safety of our customers are our top priorities. Unfortunately, we have encountered many problems in trying to comply with the well intentioned but overly burdensome CPSIA. We have been forced to spend thousands of dollars for unnecessary lead and phthalate testing and continue to deal with compliance programs that change multiple times to meet constantly changing rules. ECADA provides common sense reform to sections of CPSIA which have burdened our industry during these challenging economic times. Given your strong record as a friend of small business and manufacturers, I hope that I can count on your support for this bill. A costly new rule mandating a burdensome, unreasonable testing regime, the lifting of the stay on third party testing for lead substrates, and the retroactive application of a tighter lead standard despite overwhelming evidence showing that this new limit is not technologically feasible are just several challenges that my company will face this year if the reforms in ECADA are not approved by Congress soon. ECADA reduces the most excessive regulatory burdens created by CPSIA while maintaining protection for consumers. The bill enhances the Consumer Production Safety Commission’s (CPSC) ability to investigate complaints and prioritize testing based on cost-benefit analysis, and improves the CPSC’s public database by ensuring more accurate information. As manufacturers and small business struggle to recover from the worst recession in decades, it is vital that government does not impose costly and unnecessary regulations that have no positive impact and hinder the fragile recovery. I urge you to vote for ECADA to ensure that companies like mine can continue to provide quality products and services that are so important to our children’s education. Sincerely, XXXXXXXX   Letter from Dealers/Retailers :   Dear XXXXXX:   I am writing as a constituent and concerned member of the National School Supply & Equipment Association (NSSEA) to express my support for HR 1939, the Enhancing CPSC Authority and Discretion Act of 2011 (ECADA). We urge you to support this important bill that fixes problems created by the Consumer Product Safety Improvement Act (CPSIA) while maintaining the core provisions of this law that ensures the safety of consumers. [INSERT INFORMATION ABOUT YOUR BUSINESS, INCLUDING NUMBER OF EMPLOYEES] The safety of our products and the safety of our customers are our top priorities. Unfortunately, we have encountered many problems in trying to comply with the well intentioned but overly burdensome CPSIA. As a distributor, we fear that the range of products offered by our suppliers will continue to narrow due to the costs manufacturers incur for unnecessary lead and phthalate testing. In turn, the needs of American students will be unmet, including those children with disabilities and special learning needs, because fewer specialized products will be available to our customers. CPSIA has caused considerable confusion in the marketplace due to the constantly changing rules and regulations associated with the law. ECADA reduces the most excessive regulatory burdens created by CPSIA while maintaining protection for consumers. The bill provides common sense reform to sections of CPSIA which have burdened our industry during these challenging economic times. The bill enhances the Consumer Production Safety Commission’s (CPSC) ability to investigate complaints and prioritize testing based on cost-benefit analysis, and improves the CPSC’s public database by ensuring more accurate information. Given your strong record as a friend of small business and manufacturing, I hope that I can count on your support for this bill. As small business struggles to recover from the worst recession in decades, it is vital that government does not impose costly and unnecessary regulations that have no positive impact and hinder the fragile recovery. I urge you to vote for ECADA to ensure that companies like mine can continue to provide quality products and services that are so important to our children’s education. Sincerely, XXXXXXXX

Read More:
CPSIA – NSSEA Calls for Letters on ECADA

CPSIA – Consumers Union is Hazardous to Your Health

Lies, innuendos, misstatements, twists – which is it this time? Today Ami Gadhia, one of the Consumers Union CPSIA hacks (a.k.a. “Policy Counsel”) weighed in with her usual bunk about the lurking “dangers” in children’s products.  In particular, today’s tripe is a protest against modifying the CPSIA.  Her writings and utterances are invariably infuriating for their lack of perspective, tall tales and general fear mongering.  In her article ” Turning Back the Clock on Child Safety Protections “, Ms. Gadhia continues her fine tradition of twisting and obfuscating the facts.  Considering her background in the subject matter and her law degree, one must assume ill-intent.  This can’t be accidental. Let me debunk her junk one-by-one: a.  “Turning Back the Clock on Child Safety Protections”:  The Op-Ed’s title is absurd in light of the actual bill’s wording.  The CPSIA Amendment (ECADA) is a mild and surgical bill intended to offer minimal but effective relief from over-regulation while preserving the structure of the CPSIA.  Killing the CPSIA is politically impossible, it appears, so this is the best that can be offered at this time.  Ms. Gadhia must be asserting that ANY change in the CPSIA is a setback.  This argument is always left unproven – but no one ever holds her accountable so why not tell the tall tale?  The consumer groups rely on the appeal of the “zero sum” argument which also goes unchallenged.  It goes like this:  ANY change in the CPSIA which might benefit a business is THEREFORE a setback for children’s safety.  If the Cubs lose 15-5, they are somehow better off if they instead lose 13-5.  Right. . . . b.  Ms. Gadhia, like her fellow manipulators in the consumer “advocacy” field, relies on an emotional appeal to kick off her crock – the story of a child who swallowed magnets, leading to gory injury.  A few notes on this line of reasoning: The CPSIA is NOT a toy law.  Despite Ms. Gadhia’s relentlessly repetitive references to toy safety, the law applies equally to ALL children’s products, from shoes and t-shirts to pens to rhinestones to ATVs and bikes to books to educational products to carpet to what-have-you.  By focusing on toy gore, Ms. Gadhia lulls her reader into overlooking the awesome overreach of this bill.  We don’t want kids injured by magnets . . . ergo , we should ban all hazards in all things.  Huh? The magnet hazard she refers to had never been seen by the agency previously.  It was a classic latent hazard, unregulated specifically because it was unrecognized.  You can see Gib Mullan, the current General Counsel of the House Energy and Commerce Committee and former General Counsel and Director of Compliance at the CPSC say ON VIDEOTAPE (at the CPSC Tracking Labels hearing ) that the agency first thought the problem was a small parts issue, not a strong magnets issue.  No law can effectively regulate UNKNOWN hazards.  Claiming that the CPSIA “solves” this safety issue is pure baloney. The magnet hazard was addressed promptly and effectively by the agency without the need for changes implemented by the CPSIA. The agency had this power under its 1972 enabling legislation and following laws. Sometimes bad things happen to good people. c.  Ms. Gadhia intones ominously about banned phthalates and their links to “a variety of health risks”.  As has been well-documented here, that provision was placed in the law at the last minute by Diane Feinstein, true to her San Francisco roots.  This is the same place that worked for years to ban circumcision.  Yes, they are really scientific in that community.  For a discussion of phthalates, please watch the 60 Minutes segment in which I appeared. d.  Ms. Gadhia trots out yet another misleading but longstanding justification for not changing the CPSIA – namely that it passed by an overwhelming majority of Congress.  I fail to grasp the intellectual power of this “infallibility of Congress” argument, and further note that dozens of members of Congress have been trying to change the law ever since.  There has been more than a dozen bills floated to amend this “perfect” law since August 2008.  In addition, the timing of passage of this law (three months ahead of the 2008 Presidential poll electing Mr. Obama) made it very dangerous politically to vote against this terrible law if you wanted to keep your job in Congress.  Even Mr. Bush had to sign it for political reasons.  The political and media frenzy in 2008 made rationality impossible, and minds were made up.  Have you ever made a bad call when you were furious?  ‘Nuf said . . . by everyone except the dangerous Ms. Gadhia. e.  The Consumers Union storyteller informs us that ECADA “would poke some serious holes in the product safety net”.  What a dream if Ms. Gadhia were actually right that this amendment would actually dent the CPSIA that I hate.  It doesn’t, regrettably.  To “prove” her points, she lists four lies : “The bill undermines safety testing for children’s products”.   The bill eliminates MANDATORY testing as required by the CPSIA.  It does not ban testing, nor does it discourage or remove the incentive to test.  Excessive testing is one of the original problems cited in the bill, and has cost our company well in excess of $1 million since the passage of the bill – all without making even one product in our product range safer, even a little bit.  This term is the brainchild of the consumer groups (Rachel Weintraub?), reasoning that if the government didn’t require mandatory testing, no testing would be done.  This misconception overlooks the enforcement of the new standards.  It is IMPOSSIBLE to assess whether you comply with the standard without testing.  Enforcement of the standard, as is anticipated, means that everyone WILL test.  What is being eliminated is the role of Mother Government “helping” us by telling us how to run our businesses.  If the standard is enforced, people will HAVE TO test.  If they don’t enforce the standard, they won’t enforce mandatory testing either. What’s the big deal here?  Just the opportunity for Ms. Gadhia to mindlessly bang her drum. “The bill undermines lead protections”.    Ms. Gadhia informs us that consumer confidence would “erode” if the current one-size-fits-all standard is replaced with “a variety of standards that will be different depending on when the product was manufactured, the age of the child for whom the product is designed, whether it contains small parts, and other factors.”  OMG – standards that are reasonably tailored to the individual hazard and individual product!  NO – please tell me we still live in a world where books, t-shirts, diamonds and rubies, ATVs, bicycles, appliances, pens, carpets, DVDs and toys are ALL subject to exactly the same rules. What is the world coming to???  I presume Ms. Gadhia thinks we are idiots, or else this is all she has, which ain’t much.  Anyone surprised? “The bill undermines the effectiveness of the new crib safety standard”.   I have previously addressed this issue – the three Dem Commissioners made this same baseless accusation a few days ago.  See my reply in this space. “The bill undermines the new public database for people to report and read about product safety problems”.   Ms. Gadhia warns “the provisions in this legislation would place onerous burdens on the person making the complaint, thereby discouraging parties with valuable safety information from reporting.”  Whoa – you mean we won’t get to see stuff like this , this  and this again??? Ms. Gadhia needs to get one last jab in:  “The Leisy family’s experience shouldn’t happen to another child.”  Okay, I don’t want to see any child injured ever again for any reason . . . but does Ms. Gadhia even make a coherent argument here?  Does one thing have ANYTHING to do with another? It’s time to turn back the clock on irrationality and lowest common denominator government.  Who should set the tone for us – the Anthony Weiners of the world (did you hear that his wife is pregnant?) or people that are interested in children’s safety AND the viability of American businesses that provide jobs to your neighbors and valued products to your kids?  I think it’s time that our representatives in Congress, especially those in Congress calling themselves Democrats, to stand up for WHAT’S RIGHT rather than what’s easy or what’s safe (for their job security).  We pay them to lead, not to cower.  PASS ECADA AND END THE CPSIA CHARADE!

View post:
CPSIA – Consumers Union is Hazardous to Your Health

CPSIA – He Was Always a Weiner

Rep. Anthony Weiner (D-NY) is the latest politician caught doing naughty things (” The Incredible Shrinking Weiner “, ” Weiner Admits He Sent Lewd Photos; Vows Not to Resign “, etc.).  It is no small irony that the zesty Mr. Weiner blew hot and cold on the CPSIA. It’s one of his issues – he is a long-time member of the House Energy and Commerce Committee and one of the people we are ostensibly supposed to BEG for help on the CPSIA.  On two occasions, he sent letters asking questions about this noxious law (July 7, 2010 and January 7, 2009) but never actually voted to help us.  His letters are evidence that he knew that there were serious problems affecting, among others, his constituents. Thus, we cannot nominate the Weinerman for the Hall of Fame, notwithstanding his apparent interest in our problems.  It is regrettably true that Mr. Weiner never actually DID anything for us other than send the letters.  As per the usual for EVERY SINGLE DEM, Weinerboy fell into line with the Waxmanis and refused to break ranks to support efforts to amend a law he himself questioned.  Now that’s great government!  At least he was never so heavily committed to our cause that it took time away from his hobbies.  Work-life balance is so important! Dare we hope to someday miss Mr. Weiner???

Read More:
CPSIA – He Was Always a Weiner

« Previous Page — Next Page »