CPSIA – Wingnuts Against Cadmium

740 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are 71 days left until Election Day.

On Thursday, in an unannounced Federal Register notice (you all read the Fed. Reg. for fun like me, right?), the CPSC announced that a petition had been filed by four esteemed consumer groups demanding that the CPSC and EPA issue rules against the presence of cadmium in children’s products, especially “toy jewelry”. Not doubt this effort was coordinated with Rep. Jackie Speier (D-CA) to assist her in her reelection effort. The four consumer groups are the Sierra Club, Empire State Consumer Project, Rochesterians Against the Misuse of Pesticides (hmmm) and, our ole’ pal, the Center for Environmental Health. Although the petition has not resulted in action by the agency YET, they have requested comments on the petition. Goodie, something else to waste our time on!

The only reason I know about this event is that Bloomberg.com wrote about it last Wednesday. I am sure you monitor Bloomberg for sneak requests for comment by the agency, just like me. If you go the CPSC website, good luck finding a reference to this important Fed. Reg. publication. Oh well, the CPSIA already legislates that we must be telepathic anyhow.

The cadmium mania has nothing to do with health or safety. Even the wingnuts behind this petition are unable to cite a single injury EVER from cadmium in children’s products. They ask that rules be implemented “before a child dies or is seriously injured”. Well, since this regulation never existed previously and cadmium has been used as a trace component in jewelry for hundreds of years, the argument that this is a “real” risk does not impress me. I hold a degree in engineering but who am I to tell the CPSC how to do math. What do you suppose the probability of injury might be if the instances are ZERO over hundreds of years involving literally trillions of human interactions? Pretty high, I guess . . . .

They better be pretty high, if the CPSC actually cares what the law says. Ha, I gave up on that a long time ago, but for you devotees, here’s the deal. I have written about this many times already – the suthority to recall consumer products derives from the FHSA which restricts the agency’s authority to “imminent hazards”. Section 12(a) of the FHSA provides this definition: “As used in this section, and hereinafter in this Act, the term ‘imminently hazardous consumer product’ means a consumer product which presents imminent and unreasonable risk of death, serious illness, or severe personal injury.” [Emphasis added] Is it even theoretically possible for a consumer product containing cadmium to meet this standard if there are exactly zero documented injuries – ever? Of course, we have been told that “anecdotes are not evidence” . . . unless perhaps a consumer group is dishing out the (imaginary) anecdotes.

And then there’s the mania in the press. The press seems no better able to evaluate this threat than any of the other urban legends underlying the CPSIA. One wonders how they assess other risks . . . like swimming pool deaths. Oh yeah, real deaths are not a problem if the activity is really fun, like swimming which claims hundreds of children’s lives annually. Better to put our resources into cadmium testing – since there are no recorded events of cadmium injury from consumer products. Consider this quote from Bloomberg: “Retailers such as Dress Barn Inc. and Claire’s Boutiques Inc. have recalled necklaces, earrings and bracelets this year after finding cadmium in the products. McDonald’s Corp. offered $3 refunds in June to customers who bought “Shrek” drinking glasses with high levels of cadmium in the paint.” [Emphasis added] I have pointed out ad nauseum that the CPSC admits that the Shrek glasses are SAFE but given that the recall went forward and no one remembers what happened, those glasses had to be really dangerous, right??? According to Bloomberg, that seems to be true.

The petition features the usual hyperbolic description of an imaginary crisis with hysterical references to a “rising tide” of incidents (poisonings) and unfounded accusations of manufacturers “substituting” cadmium for lead. Shame that facts hardly matter anymore. They pull out all the stops to embellish their case. If repeated enough, this kind of reasoning becomes accepted as a truth, just like “no safe levels of lead”. Our “leaders” seem prone to this kind of duping.

My favorite part of the petition is the assertion of the dire threat posed by cadmium. Again, there are no reported injuries from cadmium EVER in consumer products. The CSPC admitted at last February’s ICPHSO meeting that their only toxicological data on cadmium relates to workplace exposure (generally airborne). According to Wikipedia, two big sources of cadmium for humans are food and cigarette smoke. The CPSC has literally NO data on risk from consumer products – principally because there is NO evidence that there is any danger. Given the data, they made the judgment that gathering the data was a waste of money (back when people cared about such things). The most famous incident of widespread cadmium poisoning related to scandalous industrial pollution in Japan over many years. That’s a far cry from the situation confronting America today.

Should we crush the toy jewelry market or pummel the rest of us with high testing costs and other legal disruptions because our regulators are unable to distinguish between industrial pollution in Japan on a massive scale, and enamel or jewerly solder with traces of cadmium in it?

According to the wingnuts, yes, we should.

And I remind you – we have 71 days left until Election Day. I recommend that you give generously to candidates that don’t come from Mars, have some semblance of common sense and commit in blood to oppose the junk science movement that has taken over the CPSC and Congress. Work the neighborhoods, greet people at train stations and then go vote in droves.

If we hurry, we might get something done before the CPSC turns the screw one more rotation.

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CPSIA – Wingnuts Against Cadmium

CPSIA – CPSC Calls for Comments on 100 PPM Lead Limit

738 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are 73 days left until Election Day.


The CPSC recently called for comments on the CPSIA’s scheduled reduction in permitted lead limits to 100 ppm on August 14, 2011. This is one of the most disruptive provisions of a truly disruptive law and therefore this call for comments DESERVES YOUR ATTENTION.

Let’s review the situation – the CPSIA requires that the lead limit be lowered to 100 ppm if it is “technologically feasible” (Section 101(a)). This determination can be made product-by-product or even by product class. In other words, some of us might get a free pass because the CPSC decides it isn’t “technologically feasible” for them, but the rest of us might get screwed. Figure that the big guys with the money to put in comments prepared by highly-paid consultants have an advantage here. Big surprise . . . .

The definition of “technological feasibility” is found in Section 101(d) in the CPSIA.

“(d) TECHNOLOGICAL FEASIBILITY DEFINED.—For purposes of this section, a limit shall be deemed technologically feasible with regard to a product or product category if— (1) a product that complies with the limit is commercially available in the product category; (2) technology to comply with the limit is commercially available to manufacturers or is otherwise available within the common meaning of the term; (3) industrial strategies or devices have been developed that are capable or will be capable of achieving such a limit by the effective date of the limit and that companies, acting in good faith, are generally capable of adopting; or (4) alternative practices, best practices, or other operational changes would allow the manufacturer to comply with the limit.” [Emphasis added]

To help explain what “technological feasibility” means, I have coined this expression – “If Rolex can do it, you HAVE to do it.” Yes, that means that this term has been defined to focus solely on technological capability with an explicit and intentional omission of any economic considerations (how expensive it might be for you to lower your products to this level). A single example of a product produced within these extreme limits is apparently an insurmountable obstacle to an exemption under this provision. No matter that it is extremely expensive. The all-platinum ATV comes to mind.

The meaninglessness of this reduction from a health or safety standpoint is likewise legally irrelevant.

A quick scan of the Request for Comment shows that the CPSC intends to follow its earlier path of exempting materials that are ALWAYS under the 100 ppm limit. I have “criticized” the conclusions of the previous CPSC effort. Expect nothing less than the insights from the CPSC’s last try which authorizes the use of super-expensive materials and by-products of nuclear waste in children’s products. Anyone for an osmium-laced baby blanket?

You will also note that there is ZERO reference to economics in the Request for Comment. In other words, money factors are totally irrelevant. This might matter to you if you project that this requirement could lead to sudden and deadly losses in your business or otherwise hasten your departure from the children’s product market. Not that the Dems (who are driving this thing) or the CPSC give a darn about your little problems.

YOU NEED TO SEND IN COMMENTS ON THE 100 PPM LIMIT. Ideally, you will gather data and make a reasoned argument. PROTECT YOURSELF – this is an important request for comment. Comments are due on SEPTEMBER 27, 2010.

And one last note: despite your government’s current attitude, this remains YOUR country. Please consider how you feel about a law like this and its impact on your stakeholders (owners, employees, customers, suppliers, consumers, community). You don’t need to accept the fate Mr. Waxman and his merry band have in mind for you. There’s an Election Day coming. Don’t waste it.

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CPSIA – CPSC Calls for Comments on 100 PPM Lead Limit

CPSIA – EU Warns on Foreign Manufacturers Legal Accountability Act

738 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are 73 days left until Election Day.

The EU has served notice of its objections to Henry Waxman’s latest brainstorm, the Foreign Manufacturers Legal Accountability Act of 2010. This profoundly misconceived bill, championed by leftist consumer groups for its supposed benefits to consumers while ignoring the real problems likely to cripple commerce, has garnered increasing corporate interest in recent weeks. With more and more attention being given to persistent job losses and anemic (if any) economic growth, this bill seems suicidal. That apparently is no deterrent to our saviors, the Democratic majority in Congress. Reliable sources tell me that this bill will resume its relentless march toward law upon the return of Congress to Washington later this Fall (before Election Day).

Don’t mistake this bill for good policy. We have gone over the many unforgivable flaws of this legislation in this space in the past. It is starkly anti-small business and is an economic depressant. The likely impact would be akin to a trade barrier tariff and could be this generation’s version of Smoot-Hawley. It is also almost certainly a flagrant violation of the WTO and would trigger retaliatory regulations in our principal export markets. Trade war – just what we need . . . since export sales is about all that’s working here now. Small business owners, please consider the impact on your export business if you need to set up registered agents in 50, 60, 70 countries. Think of the legal fees, think of the potential litigation that would be invited. How many such markets would you close?

There’s more cooking in Congress to “help” us this election season. These guys are going to keep trying to “save” you until you save yourself on Election Day. Stay tuned.

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CPSIA – EU Warns on Foreign Manufacturers Legal Accountability Act

CPSIA – Obama Doesn’t Get It . . . .

In response to the release of yet more terrible jobless claims numbers this AM, President Obama renewed his call to lower taxes on small business and to ease the small business credit crunch. The legislation, which promises to lower certain taxes on small business and to increase federal funding of loans to small businesses through various means, is “stuck” in Congress. Mr. Obama blamed the Republicans for “blocking” the bill: “‘There will be plenty of time between now and November to play politics,’ Obama said. ‘Let’s put aside the partisanship for a while and work together.’”

I think this is rich, personally. We run a small business and I know what it feels like to be a small business in the Obama-cized children’s product market. We are facing skyrocketing costs nicely matched with soft revenues and mounting taxes (funded by the company, too). Cost increases include $300K in new medical plan expenses to accommodate the terms of the Obamacare initiative, plus astronomical all-in costs for increased safety testing under the new CPSIA rules and related manias. The increased testing has yet to reveal any useful information of identify any health threat that constitutes a human safety risk – so all that money is wasted.

These costs have a common link – they are both a result of increasing regulation. I know, I know, Mr. Obama has lectured us that we really need all these new regulations. Well, I don’t agree, but in any event, we see these regulations as major impediments in our business. These high costs affect our cash flow and our business outlook – to the bad. Do the Democrats think we maintain our sunny disposition when we face a shaky market lacking confidence (soft revenues), higher costs (a lot higher) and mounting cash needs from higher taxes and other federal regulatory expenses? This is rather a recipe for managers who want to hide until the storm passes. Who will spend money on new investment now? While we are not cutting our product development efforts, we haven’t bought new equipment, fixtures or additional office/warehouse space in several years now. And we have no plans to do so. Welcome to the Dems’ economy. No wonder new jobless claims are over 500,000 in the last month.

In the case of the CPSIA, the Dems are only too happy to whack us with heavy regulations, all justified by imaginary benefits. The imaginary benefits of the new CPSIA regulations are as invisible as the imaginary problems they are designed to solve. The absence of data on effectiveness is matched by the absence of data suggesting that there was a problem in the first place – the “know nothing’s” jacked up your costs and destabilized your business to no purpose. Now Mr. Obama wants to fix it all with another handout. Throwing money at the problem is new style. And after that handout is parcelled out, the Dems will proceed to raise taxes on higher income individuals (read, small business owners, particularly S Corp owners) to attempt to staunch the hemorrhaging Federal deficit, and then express “shock” at the sluggish economy. No doubt the next step will have to be more handouts and perhaps Cap-and-Trade to raise more costs. What a great cycle. . . .

Is there another way? Well, as for small businesses in the children’s product market, I would note that the voluminous new CSPIA rules (two feet high and growing) impose massive costs on industry (to comply) AND on government (to enforce). I think of the stupid health official bent on enforcing his food handler’s license rule against the little girl in Portland operating a lemonade stand – many of the new CPSIA rules are pointless from a safety standpoint and cost big money to administer as well as to comply with. If the Dems seriously want to stimulate the economy and add jobs, here’s an efficient way to do it for NO out-of-pocket cost – DROP your boundless regulations and go back to something more modest and manageable. This also means that the Obamite idea that life is better with lots more government needs to be shelved. I submit the recent rules on testing frequency and “reasonable” testing programs as evidence that inviting bureaucrats to become involved in operating businesses brings nothing but trouble, inefficiency and devastation. There must be a better way.

Hey, I figured out some time ago that I am talking to myself here. The CPSC certainly doesn’t care or understand what I am talking about (or else they might have done something about it perhaps 300 blogposts ago). The Democrats in Congress likewise are deaf and disinterested. I cannot name a single Democrat, NOT ONE SINGLE DEMOCRAT, who will stand up in front of their peers and demand significant amendment or revocation of the CPSIA. The Dems are in lockstep agreement – no light shines in if your head is in the sand, after all.

You can’t work with people like this.

I urge you (URGE YOU) to select the CPSIA perpetrator of your choosing and WORK to knock them out of Congress in this election cycle. Remember – they are trying to put YOU out of business. You need to return the favor.

Return the favor . . . this is my theme song until polls close on November 2. Then the party begins.

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CPSIA – Obama Doesn’t Get It . . . .

CPSIA – Am I a Tea Partier?

I have heard the comment that I am too harsh on the Democrats and risk marginalizing myself as some sort of Right Wing Nutjob, a Tea Party extremist.

Is this a fair criticism?

My POV is that this criticism fails to take into account my experiences in this business tragedy and does not consider that my views and my anger did not come from the sky – they were built, block by block, by Congressional Democrats and by the leadership at the CPSC.

I won’t defend my being perpetually angry at the agency or Congress for their defiant stance of indifference. [Some Dems cloak their indifference in words of sympathy, never matched by actions consistent with their purported tears. I follow actions, not words, and prefer to ignore insincere blubberings unless something concrete is offered. It never is.] I have been working on this project for three years now, and actively working to get the CPSIA fixed for almost two years. That’s a punishing death march, guys, particularly since almost everything I have written or pushed for has been disregarded or completely ignored. It seems improbable that I have been wrong about everything without exception for two long years – even a blind squirrel finds the occasional acorn. Hence the anger and the mounting frustration.

Of course, there are other sources of anger and frustration. The process of implementing this flawed law by the CPSC has destroyed so much good in the process. What we have left is much less protective of public health or well-being. The constant media pandering and the relentless positioning of businesses and business people as evil societal elements that must be controlled is, frankly, embittering. Under the pressure of this relentless drumbeat, it is hard to not feel unprotected and in great danger. We have no defenders and are on notice that we are prime suspects.

No defense, but please someone, tell me, what am I supposed to do now? Grin and bear it? Give in and pretend everything’s okay? If you think either option is realistic, you really don’t understand my situation or my motivation. These aren’t realistic options. I am fighting off doomsday – grin-and-bear-it doesn’t work when the Grim Reaper is coming your way. And there are no days off.

So if I can’t go along to get along and if the CPSC and Congress have proven beyond a shadow of a doubt that they have made up their mind and have no interest in me or my problems, what options are left to me? The process of advocacy that I have been practicing and that I have been financing hasn’t produced enough results – we are still in the soup. If I can’t give up and if what I am doing just doesn’t work – logic suggests I need to do something else.

So what I have been doing is telling the truth – it’s the Dems who have done all this and it’s the Dems who refuse to fix it. It’s the Dems who won’t listen and it’s the Dems that refuse to acknowledge their errors. If everyone in Congress voted to save their job by supporting passage of the CPSIA in August 2008 rather than face reelection attack ads, that was then and this is now. The Dem leadership has chosen to ignore the OBVIOUS and continue to deny that anything can or should be done in this matter. There’s nothing wrong or politically-incorrect about speaking the truth – and that’s the truth. We are where we are because of the Dems. They own it.

If the politicians who are busily engaged in snuffing out our business enterprises won’t listen and cannot be influenced, then what’s left to me? I must enter the political arena to specifically target them for removal. And that’s what I am doing. It’s only fair – they act like they want my business dead. So we need to put different people in their place. And we need to do it right away.

If this makes me a Tea Partier or a Right Wing nutjob, so be it. My head is not bowed. My customers, my suppliers and my working associates and partners know where I stand. I am fighting for our business life and will not rest until the people responsible for this mess are brought to justice.

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CPSIA – Am I a Tea Partier?

CPSIA – The Great Set-Up

For those who had better things to do than wade through my comment letters last week, I want to highlight a few points.

The two CPSC rulemakings up for comment on August 3rd were on component testing and on the so-called “15 Month Rule”. Both are very important rules and both have been long discussed. The “15 Month Rule” relates to testing frequency and defines a “reasonable testing program”. The long controversy over these rules relates to their acknowledged potential to be TERMINAL to small businesses. This was the principal reason that Inez Tenenbaum delayed issuing these rules on time in November 2009 as required by law (they can vary from law when it suits their purposes, please note). She called a two-day workshop for December 2009 for the purpose of gathering the feedback of stakeholders. I was asked to appear as a panelist, as were two of my colleagues. These sessions were taped (they were able to hear all the feedback and digest it).

So here’s a few things you should know:

a. Component testing will not be useful except for the largest companies and for those rare situations when everything falls neatly into place. The rules as written are too complex, too demanding (full traceability of all components is REQUIRED, which is delusional and completely unnecessary for such simple, innocuous products) and far too risky. The liability risk associated with these very challenging rules will scare off all but the most foolhardy or ignorant companies.

b. Component testing relies on a fantastic assumption, namely that component tests (if desired) will even be available. Why don’t we assume they will be available for every paint and for every plastic pellet on the planet? Does that solve the problem? I dare say not. There are many convenient examples of likely missing test reports – think of aluminum foil in a science kit, for instance. If you are missing only a few component certificates, any benefit from the rule is lost.

c. The “15 Month Rule” was apparently NOT CHANGED from the draft discussed in December 2009. In other words, despite the agency’s “misgivings” about the rule way back then, and even after two days of comments by more than 200 stakeholders, the agency ended up in the same problematic place – and put the rule out for comment now. Of course, they filled in some holes (see below). In my opinion, this means either that the “feedback” process was a complete sham (the agency gave the appearance of “listening” but did as it pleased anyhow) or else that the agency lacks the temerity to tell Congress that the CPSIA is simply screwed up. Having ducked that punch, the CPSC instead opted to put you and me out of business.

If they were unable or unwilling to listen in the last nine months, I have absolutely no confidence they will listen this time. That bodes badly for me and for you. Consider the following . . . .

d. Using the numbers from the CPSC’s rulemaking, I derived that the agency wants me to spend $10,000 per item per year in testing costs (all-in). We have 1,500 items. Do the math – that’s $15 million per year in testing. This is for a company with ONE RECALL OF 130 PIECES TO ITS NAME IN 26 YEARS. This is also the rule regulating a “risk” that killed ONE CHILD and MAY HAVE INJURED THREE CHILDREN . . . in 11 years. [You can review the math in my comment letter. It's their numbers, not mine.] Do you think this might be a touch excessive? No matter, that’s our problem to resolve.

I can’t get this $15 million number out of my head. Do you realize that this rule could become the law shortly? Hey, HTA members, do you get it yet? All that nuzzling up to the CPSC, all their tears over your plight – this rule shuts your doors. If they push forward on this rule (as I anticipate), we will all face a very daunting choice – do we close our doors, sell our companies, go into another business or, breath deep, knowingly break the law by ignoring this rule? Is this a surprise to anyone? This has to be the world’s stupidest rule – and we are left with the ultimate Hobson’s Choice. Thanks CPSC.

Let’s not forget that Bob Adler spoke in stern tones last February when he said he would not vote to extend the stay on the testing and certification rules again. In the absence of further Commission action, the testing stay lapses on February 11, 2011. This rulemaking is intended to put the agency in position to let the stay expire. The next step would be enforcement of this new rule. Ms. Tenenbaum has publicly announced that 2011 will be all about enforcement – you have been warned, the pogroms are coming.

Do you get it . . . yet? IF the agency cannot wrap up this rulemaking in time, it will need to extend the stay. Arguably, that problem is on its doorstep right now. Even they understand that businesses need time to plan, and without final rules, no planning or preparation can take place. IF they cannot get this done in time (soon), they will have to extend the stay AGAIN. This would be incredibly damning of the agency, as it would be an apparent concession that the awful CPSIA cannot be implemented, perhaps ever. Of course, that only confirms what you and I have known for a long time – the law can’t be fixed by this agency and is fatally flawed. In the absence of dynamic Congressional action, we’re all toast (this is old news).

I urge you to take this battle to the political arena. The CPSC and the Dem-controlled Congress have shown that they just won’t listen. They don’t care about our problems. I say that if they are intent in putting us out of business, all of our productive businesses making contributions to our community and our markets every day, then it’s time to return the favor. We need to put THEM out of business first.

Time’s a-wastin’.

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CPSIA – The Great Set-Up

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 – Congressional Office of Compliance Confirms: Congress is Dangerous to Your Health

Okay conspiracy theorists. Do you think the Capitol Hill newspaper Politico held this story until Rick was out of town? In a front page story today “Dangers on the Hill” Politico reported that Congress’ Office of Compliance have found an estimated 6,300 safety hazards that are “potentially fatal or could leave victims with serious injuries.”

That’s right, Congress is dangerous to your health.

Here are some of the juiciest excerpts from the story. In Rick’s honor, we provide commentary after each excerpt, Woldenberg style:

“Workplace safety experts say that if Congress were a private-sector business, it would be at risk for massive fines from government regulators.” (oh, the irony!)

“But Congress has exempted itself from key parts of federal workplace law.” (Without even proving it was impracticatable for Mr. Waxman to comply?)

“…the latest study offers arresting detail. Investigators estimate there are 1,742 electrical hazards, 1,058 fire-safety hazards, 102 storage shelving issues, 61 first-aid emergency-care lapses and 70 machine-guarding problems, to name a few found so far.” (Hey, no lead violations?)


The report divides the hazards into categories, with some more routine and others potentially life threatening. (Wait a minute, that sounds like risk assessment!)

“Furthermore, the report makes clear that the hazards may prove dangerous to Capitol Hill visitors, including constituents and lobbyists.” (in other words, visiting Congress is hazardous to….people)

“This measure was inspired by that year’s new Republican majority and some Democrats who were aggrieved by what they saw as supreme hypocrisy: Congress and regulatory agencies imposed all manner of rules on the private sector and the states through laws such as the Family and Medical Leave Act and the Americans With Disabilities Act, but lawmakers themselves did not have to obey those rules.” (Can anyone think of another law that they could have included – hint –it rhymes with SHEE SHPEE SHESH SHI SHAY)

The compliance office cannot issue investigative subpoenas to Congress and its entities, even to seek information that could solve a workplace hazard. (Call in the AGs!)

Whistleblower protections for staffers who report hazards are essentially nonexistent, leaving aides responsible for their own litigation costs if they are fired or an office retaliates against them. (C’mon, the Onion couldn’t write a better article – oh the hypocrisy!)

“It’s hard to defend Congress when things are this bad,” said Center for Progressive Reform board member Sidney Shapiro, … But if Congress is going to insist on running its own safety regime, then it ought to do it the right way.” (Are we sure they’re not talking about CPSIA?)

“Congress faces a major challenge in trying to fund fire- and life-safety projects, historical preservation and deferred maintenance campuswide, all within very limited resources,” said a congressional aide familiar with the blue-ribbon panel. (Hey, they told us safety at any cost – even if the costs don’t improve safety)

“On the upside, a number of offices have become more proactive about protecting safety by voluntarily requesting inspections ahead of the compliance office’s regular schedule; 154 offices in the 111th Congress achieved hazard-free status. “Over the years, we’ve found that working cooperatively with employing offices to reduce hazardous conditions in the Capitol complex can be more effective than a confrontational approach. The statistics bear this out by showing remarkable progress in reducing hazards.” [Working cooperatively? What a novel idea! Nah, we say use the CPSIA model – enforce, enforce, enforce, treat every risk equally, discourage cooperation and levy huge fines!]

We couldn’t make this stuff up. To read the entire article for yourself, click here. (warning it’s about 1800 words).

Posted by the Alliance for Children’s Product Safety Staff

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GUEST BLOG – Congressional Office of Compliance Confirms: Congress is Dangerous to Your Health

CPSIA – Losing Sight of the Issue in Pool Deaths

These are the people who are protecting you:

“[The] CPSC, which kicked off a pool-safety campaign Thursday, emphasized that [pool safety] issues go beyond drains: At least 70 people drowned in pools since Memorial Day; 80 more almost drowned. ‘There were thankfully zero drain entrapment deaths in 2009,’ says CPSC spokesman Scott Wolfson. ‘Our campaign is aimed at reducing child drownings and keeping entrapment deaths to zero again this year.’” [Emphasis added]

USA Today, July 3, 2010 “Pool-safety advocates decry loss of drain backup rule“

Yes, the safety enforcement circus carries on. The USA Today reports that AT LEAST 70 people have died in pool drownings since Memorial Day (May 31). The July 3 article appears 33 days after Memorial Day, so that’s more than TWO DEATHS A DAY. Another 80 almost drowned – the total serious injuries and deaths is about FIVE A DAY. And the CPSC’s reaction – if the deaths didn’t occur from pool drains, we can all breathe a sigh of relief. WHEW! If they had died from a pool drain, that would have been really TERRIBLE.

Of course, the victims are still dead. Not a safety concern, apparently. We must stay focused on pool drains . . . .

I know you think I’m kidding BUT to judge by the reality-detached hyperbole of our heroic Democratic Congressional leaders, you’d never know it. Consider the remarks of the estimable Rep. Debbie Wasserman Schultz, one of Ms. Pelosi’s attack dogs in the CPSIA drama: “CPSC interpreted the law in the ‘most egregious and narrow way possible’ by eliminating the requirement for backup systems, Rep. Debbie Wasserman Schultz, D-Fla., and co-sponsors of the law said in a letter to CPSC Commissioner Robert Adler last month.” [USA Today article]

And why did Ms. Wasserman Schultz think this action was so “egregious”? Here are her words: “We understand that the interpretation that CPSC adopted is the same one that the pool and spa industry endorsed, and is not the interpretation that public interest groups and victims’ families had urged the Commission to adopt.” Aha – how DARE the CPSC defy consumer groups in favor of evil industry?! Doesn’t the agency know that if industry wants something, it must be bad for consumers?!

Democratic Senators pitched in as well they could. Drawn from the same rogue’s gallery that brought you the noxious CPSIA (Pryor, Durbin, Klobuchar, Nelson (FL) and Dodd), the Senators stated that the Commission violated “both the spirit and the letter of the act.“

Okay, Junior Scientists of Congress, committed to making us so so SOOOO safe, please note that deaths from pool drains totalled 11 in ten years according to the CPSC. However, total deaths from pools is more than two a day since Memorial Day, and has averaged 385 per year for children under 15 in recent years. So you guys are hassling the agency over a design flaw that causes 11 deaths a decade, and seemingly want it to be the priority of the agency over, say, general pool deaths which total almost 4,000 kids each decade (about 3,000 are under five). Perhaps you should have sent your letters to the families of the 70 victims in the last 33 days so they’d know how much you care.

For a change (it’s been a long-g-g-g-g time coming), the agency was trying to make a practical decision on how to implement a very expensive law focusing on a small problem. The data now suggests that the expense of the Virginia Graeme Baker repairs are prohibitively high, especially in light of the infrequent injuries (however horrific).

Sadly, when it could finally take the high road, the agency flinched in front of the press, insulting the memory of the 70 recent drowning victims. To slough off the 70 recent deaths because they weren’t caused by pool drains is nothing short of abdication of duty (or resignation to failure). I don’t know about you, but I am plenty tired of politically-motivated, pet project, holier-than-thou safety. This benefits no one other than the pandering politicians hoping to dupe you into voting for their reelection.

Will this madness EVER end???

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CPSIA – Losing Sight of the Issue in Pool Deaths

CPSIA – Deaf Congress Makes Up Its Own Justifications for New Law

The recently approved H.R. 4678 Foreign Manufacturers Legal Accountability Act of 2010 is based on testimony given by several of the usual suspects. Consumer groups filed testimony portraying the need for this law as rather “obvious”:

Consumers Union (June 16, 2010): “While [the CPSIA] has made great strides in improving product safety, and will continue to do so as its implementation continues, the CPSIA focuses on improving safety by requiring that children’s products subject to mandatory standards be tested to ensure compliance with the standard. The law does not address bringing foreign manufacturers into our civil justice system. However, to fully protect consumers from unsafe products, wherever they are made, American consumers must be able to hold manufacturers accountable when they are harmed – no matter where the products are made.”

Consumers Union goes on to assert: “If a foreign manufacturer knows that they cannot be held responsible in U.S. courts for the products they sell, this knowledge has a likely significant impact upon their manufacturing decisions. Do they use the stronger, more expensive component? Do they ensure that the product meets the safety standards? Do they prioritize safety if they know they are not accountable to U.S. consumers in U.S. courts? Holding manufacturing entities accountable in our civil justice system acts as an important deterrent to unethical and potentially harmful business conduct.”

The Briefing Memo for the mark-up (prepared by the Dems) takes up the anti-business, leftist consumer group cause, namely that we need to change the rules to allow consumers to sue foreign manufacturers to protect our way of life. The new law is intended to overcome a little legal wrinkle preventing true consumer justice – the U.S. Constitution:

“In addition, even if a victim successfully serves process on a foreign manufacturer, the manufacturer will likely challenge the exercise of personal jurisdiction over it by a U.S. court. Under well-established constitutional due process principles, before a U.S. court can exercise personal jurisdiction over a defendant it must consider: (1) the defendant’s purposeful minimum contacts with the state in which the court sits, and (2) fairness to the defendant of being subjected to jurisdiction in that state’s courts. . . . H.R. 4678 requires foreign manufacturers and producers that import products into the United States to designate a registered agent who is authorized to accept service of process here in the United States. . . . Registering an agent consistent with the Act constitutes acceptance by the manufacturer of personal jurisdiction of the state and federal courts of the state in which the agent is located.”

Problem solved! Congress found a way to circumvent the framers’ intent. That darned Constitution gets in the way of good government, you know.

Notably, the “urgent” need to go around the Constitution was not echoed in the CPSC’s own testimony:

“Additional authority allowing the CPSC to require foreign manufacturers designate a U.S. registered agent for service of process could be helpful in some cases – particularly those involving administrative requests for documents or information.”

“In a few cases, however, the lack of a registered agent for service of process has hindered the Commission’s ability to develop information that would help us to provide relief to consumers.”

“The lack of a registered agent for service of process has also been recognized by Chinese industry groups, and some local lawyers in China have provided legal advice seeking to exploit this situation . . . . This type of sentiment appears rare.” [Emphasis added]

Opponents to the bill made arguments similar to those previously highlighted in this space (see above and here): American Association of Importers and Exporters and National Customs Brokers & Forwarders Association of America.

I estimate that our business will lose 25-50% of our foreign suppliers and untold numbers of component factories if they are required to have a registered agent under this new law. Most of these sources are irreplaceable in our business (for a variety of reasons). That means that the products we make at these factories will have to be discontinued. Too bad for us, I guess. This could happen quickly, too.

I wish that were the only problem. The lame-brained notion that foreign countries will allow U.S. citizens to cross borders to take domestic assets to settle foreign disputes will prove to be delustional. U.S. companies will soon be greeted by reciprocal registration requirements or even harsher laws exposing them to onerous trade barriers and significant new legal risks. Again, our business is squarely in the bullseye of this maelstrom. We have worked tirelessly for more than 20 years to build an international network of dealers for our products. That creates JOBS here. Anyhow, it is inevitable that a law like this will spawn a need to register our company in dozens of countries abroad, meaning we would need to hire a law firm for each country, translate all the laws, decide if we want to bear the expense and risk of registration. Our foreign business would evaporate quickly and efficiently.

The basic idea that our country actually needs this law is hard to comprehend. Where are all the hungry plaintiffs’ attorneys who can’t put food on the table? Which rights aren’t being satisfied? For each product imported into this country, there must a U.S. importer. Why isn’t that pool of assets enough to satisfy this need, as it has been for years and years? Why doesn’t importers’ exposure under the U.S. tort system provide enough incentive to address Consumers Union’s parade of horribles above? I thought that’s why we have our crazy tort system in the first place. No answer has been provided by Congress to these questions. They just gave us a wonderful new law to worry about.

Thanks so much, Democrats in Congress. We love ya! And we can’t wait to vote AGAINST you! See you at the polls.

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CPSIA – Deaf Congress Makes Up Its Own Justifications for New Law

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