CPSIA – AAP, Get a Calculator!

In my continuing exploration of the misuse of data by consumer groups to prove up the “need” for the CPSIA, it occurred to me that Dr. Dana Best of the American Academy of Pediatrics can’t multiply. She needs a new calculator.

Just an aside: Japanese government officials announced today that radiation OUTSIDE the disabled reactors at Fukushima have now reached LETHAL levels:

“Water in an underground trench outside the No. 2 reactor had levels exceeding 1 sievert an hour, a spokesman for plant operator Tokyo Electric Power Co. told reporters in the capital today. Thirty minutes of exposure to that dose would trigger nausea and four hours might lead to death within two months, according to the U.S. Environmental Protection Agency. Preventing the most-contaminated water from leaking into the ground or air is key to containing the spread of radiation beyond the plant. A partial meltdown of fuel rods in the No. 2 reactor probably caused a jump in the readings, Japan’s chief government spokesman said today. ‘There’s not much good news right now,’ said Gennady Pshakin, a former IAEA official based in Obninsk, the site of Russia’s first nuclear power plant.” [Emphasis added]

The Japanese situation is a real crisis. The AAP wants you to think lead is also a crisis. It’s not.

In my post yesterday, I reported on Dr. Dana Best’s testimony in front of the CPSC Commission on February 16th about the purported effects of even trace amounts of lead on the intelligence of our children. While Dr. Best speaks for the AAP on occasion, I know that she doesn’t always write her own testimony. Sometimes she reads words written by other people under her own name. In the Spring of 2008, I went looking for Dana Best, and in response to a voicemail I left at her office, Cindy Pelligrini of the AAP called me back. Dana Best never called me back. I was calling in reference to the then pending Illinois lead labeling law which was being propelled by Dr. Best’s seminal House testimony on lead (September 20, 2007). In that phone conversation, Ms. Pelligrini acknowledged to me that she had written the September 20th testimony, not Dr. Best, and as a consequence, was the “right person” to talk about its contents. Ms. Pelligrini’s qualifications to write House testimony on lead on behalf of a professional association of pediatricians? According to her in our conversation, she holds a degree in political science. She is not a doctor and she is not a scientist as far as I know.

So is it surprising then that Dr. Best got all tangled up in numbers in the recent CPSC testimony? As I noted yesterday, Dr. Best asserted the following: “When averaged across even a modest population of children, the public health harm caused by lead is significant. Considering that there are about 75 million children in our nation, impacting one-half of one percent of all children would mean an exposure of 3.75 million children. . . . For one million children, [the loss of lifetime income from one IQ point per child] would total over $8.3 billion.” [Emphasis added]

Okay, let’s break out our calculators and check Dr. Best’s math. 75 million x 0.005 = 375,000. Oops! Didn’t she say that “one-half of one percent of all children” is 3.75 million kids? Hmmm.

[Sidebar - she's almost right about the population of kids, but not quite. According to childstats.gov, there were 75.2 million children living in the U.S. in 2010. Of course, only 50.4 million were under 12 years of age, basically the age bracket covered by the CPSIA. This is not a calculator error, this is just more junk statistics from a so-called "expert". I hope the CPSC Commission employs a fact checker!]

I think that’s a big difference. 3.75 million children is 1-in-20 but 375,000 is 1-in-200 (based on a population of 75 million children, an inflated number). Using the more realistic population number of about 50 million, Dr. Best’s 3.75 million number is 1-in-13 children. Dr. Best’s number suggests that there is likely to be two or more lead poisoning victims in EVERY classroom of children in our country. Do you believe that?

Give me a break. The problem is that there are many people out there who might believe this nonsense. Some of them may be your elected representatives.

Dr. Best goes on to “illustrate” the scope of the “cost” of this poisoning, all based on her assumption of 1-in-13 children losing IQ points. She illustrates the “cost” to society of the loss of a single IQ point on a seemingly “modest” population of 1 million children. [Don't forget, she hasn't produced even ONE victim yet.] Since she is apparently severely math-challenged, let me help you here. One million children is (roughly) 2% of the age range covered by the CPSIA. In other words, it’s about 1-in-50 kids. Her “modest” assumption implies at least one brain-damaged child in every other classroom in America, all because of lead-in-substrate in children’s products. Her illustration is intended to show that the incredibly “high” cost of the purported lead epidemic justifies the extreme measures of the CPSIA to eliminate lead down to trace levels in children’s products.

Do you believe her? Why, exactly? If there are so many damaged children from lead-in-substrate in children’s products, why can’t the AAP come up with a few and show real case histories? Why won’t they talk about real data?

I am not impressed. The AAP holds itself out as an “expert” but puts out junk statistics to back up junk science recommendations. We are being scammed.

You MUST demand of your Congress that they won’t be fooled. The age of junk science needs to be brought to an end! Let your voices be heard!

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CPSIA – AAP, Get a Calculator!

CPSIA – Recall the CPSC

778 days have passed since ANY Democrat in Congress did ANYTHING to help us on the CPSIA. There are only 32 days left until Election Day.

In a remarkable demonstration of the anti-business bias of the current CPSC, Chairman Inez Tenenbaum took to the air today to bash toys and to take our old friend Mattel to task for four recalls of more than eleven million units.

Uh-oh, Mattel’s at it again. Hope this doesn’t mean it’s time for another CPSIA. It is Election time, after all.

Some background:

The CPSC Commission hosed us on Wednesday with its decision on the definition of “Children’s Products”. [Here is the approved definition (link to follow).] I will write about this in the next few days. In typical Tenenbaum fashion, rather than face intense and negative media attention on the bungled decision in which the agency knowingly effectively banned hands-on science education in the United States (see The New York Times and Associated Press on this issue), announced several high profile recalls and a scary “warning” about popular but apparently deadly infant products to distract the media and possibly you, too.

The four recalls and the warning are each prominently displayed on the CPSC website. Each was announced by press release so as to garner maximum attention. The new definition of “Children’s Products” was not announced, although there are two Commissioner’s Statements currently up on the website (Adler and Nord; Northup’s is done but the link isn’t up yet – here is her blog on the topic). The draft of the new rule is nowhere to be found on the CPSC website. There was no press release for the decision and no reference to the decision on the website other than the buried statements of the two (warring) Commissioners. Hmmm.

Probably just a little oversight, right Scott??? More on this later.

The five matters released to distract you were:

a. A warning to stop using Infant positioners in cribs. Twelve babies died in 13 years.

b. Fisher-Price recall of 2.925 million inflatables for choking hazard. Sold over NINE YEARS, 14 small parts found in kids’ mouths, three kids were “beginning to choke”, no injuries.

c. Fisher-Price recall of 1.075 million high chairs for laceration risk. Sold over NINE YEARS, seven injuries requiring stitches and one “tooth injury”.

d. Fisher-Price recall of 120,000 “Wheelies” for choking hazard. Each set includes four cars, so the universe of affected “Wheelies” is actually 480,000. Two broken toys discovered among the half million out in the marketplace (wheels fell off). No injuries.

e. Fisher-Price recall of 7.15 million Children’s Tricycles for risk of “serious injury”. Sold over FOURTEEN YEARS, ten injuries with six requiring medical attention (cuts).

Interestingly, when these recalls were brought to my attention this morning, the CPSC website simply listed the four Fisher-Price recalls as it normally does for recalls. However, by midday the marketing of the “crisis” had begun with a screaming headline in large print on the home page reading “Fisher-Price Recalls More than 10 Million Products“. No doubt the presentation was changed as a public service (these products are sooooo dangerous) . . . . The link under the headline leads to a blogpost about the four “grisly” recalls noting the following “information”:

“Fisher-Price did the right thing in agreeing to provide consumers with free remedies for these products. But all companies must do better. They must give more attention to building safety into their products. They must work to ensure that they are adhering to safety standards. And if any company finds itself with a defective product or one that is causing injuries, it must report the problem to CPSC immediately. Meanwhile, as moms, dads and caregivers, you, too, have a role. We thank the dozens of you who reported these incidents. Thanks to you, CPSC was able to investigate, work with Fisher-Price on a remedy and recall these products. If a toy breaks in your child’s hands or if your child suffers an injury from a product, tell us so that we can investigate. And if you own one of these recalled products, stop using it and contact Fisher-Price for free repair kits and replacement products.” [Emphasis added]

Is this about Fisher-Price (Mattel) or about you and me? Did we do something wrong? Apparently we must have. We were spanked in this blogpost. Was it a “teachable moment” for you? Was it as good for you as it was for me?

There is so much more to say about this:

1. I find it shocking that the CPSC would so shamelessly try to cover its tracks on the approval of the final “Children’s Product” definition. It’s not only an embarrassment to the agency, but it’s an insult to your intelligence. How this reflects the agency’s view of the media, I will leave it to you to divine. It ain’t a compliment.

2. Inez Tenenbaum went on TV today to stoke fear of toys. She did this on what is essentially the kick-off day for the Xmas toy season, September 30. Yes, our government sent its top official on national TV to scare the crap out of consumers and to warn them not to trust the companies making toys right as they were going out to the store to buy Xmas presents. This is a Barack Obama stimulus plan in action! Thanks for ALL the help, guys. Doin’ the Lord’s work every day . . . .

Here are a few quotes from Tenenbaum’s ABC News interview:

ABC: “It’s a major recall involving four different products.”
ABC: [Re High Chairs] “The problem with the high chair, I understand, is these pegs. What’s the problem there?”
Tenenbaum: “There pegs stick out and children have fallen on these pegs. Several have been injured and seven have required stitches.”

[Tenenbaum smirks as she neglects to advise that the seven injuries requiring stitches took place over NINE YEARS and were all minor injuries.]

ABC: [Re Trikes] “The hazard is a fake key that protrudes from the bike frame.”
Tenenbaum: “These tricycles have this key which sticks up and little girls have jumped on this key and have had serious cuts.”
ABC: “Serious injuries.”
Tenenbaum: “Serious injuries.”

[Another minor omission - Tenenbaum neglects to mention that the six injuries requiring medical attention affected six children among more than seven million users, took place over 14 years and involved toddlers that were supposed to be under parental supervision. Do you think she was helpful enough to the ambitious reporter who wanted a scary story? At least she took the hint and characterized the injuries as "serious injuries".]

. . . .

ABC: “There’s a message in this for all manufacturers.”
Tenenbaum: “Manufacturers need to build safety into the product from the very beginning so that we don’t have to recall on the back end.” [Emphasis added]

[This is my Xmas gift from Tenenbaum. Mattel is the cause of this, and it's Mattel that screwed up if ANYONE screwed up. Still, Ms. Tenenbaum can't miss the opportunity to use TV to tell MY customers to not trust ME. Thanks so much. And this Administration is MYSTIFIED about why we can't get our job market going again. I'm stumped, too. . . .]

ABC: “In a statement this morning, Fisher-Price said it wanted to reassure parents that its products are ‘overwhelmingly safe’. But if you have any of THESE products, you SHOULD call the company. They will offer a fix for some of them . . . others will be replaced outright.” [Emphasis added]

[Lest anyone mistake this for yet another idiotic and reactive series of recalls, ABC tries to portray Mattel as untrustworthy with the quote about the overwhelming safety of the 11 million recalled toys . . . then tells you to get them out of your house pronto.]

3. The Wall Street Journal was able to put a happy face on this sorry episode. Mattel’s 2010 earnings will only shrink by a penny a share because of the massive recalls. Anyone want to organize a telethon to help out a buddy in distress? How will Mattel make up that penny? Oh, the horror of it. . . .

4. I would be remiss if I didn’t remind you that Mattel has succeeded in certifying about ten of its corporate labs to test its products. I call on the CPSC to release the Mattel test reports behind these recalled items. I can’t wait to see the first recall of a Mattel item tested in a CPSC-certified Mattel lab. You’ll never know about it, because the CPSC and Mattel will move heaven and earth to keep you from finding out.

5. The recall of the Mattel “Wheelies” will be known as the original “broken toy standard” recall. Please consider the ominous nature of this development. The Mattel toy cars were reported by eager and enthusiastic consumers because they found a broken toy. The CPSC is calling for this kind of “help” so you can expect a LOT more of this in the future. To be precise, two broken toys were found in this case. No one was hurt. No allegation has been made public that any child was even possibly in danger. No disclosure was made about how the toys broke.

The CPSC apparently intervened to “investigate”. These investigations often begin with a warning to the manufactuerer – you can participate in the CPSC’s Fast Track Voluntary Recall program and avoid a formal investigation and possible penalty, or you can take your chances on what determination we will make months or years later. This kind “offer” is generally a short-lived one, possibly allowing only a few hours to decide. [This dirty secret is certainly true - ask around . . . or wait for the call.] The facts may be just like this one – a broken toy has been discovered (horrors), do you want to recall (today)? Mattel decided to recall in the case of the “Wheelies”, based on two broken toys and perhaps on a conversation with the kind folks at the CPSC.

Do you get this one? If a consumer reports a single broken toy to the CPSC, the agency may investigate you and you may be forced to recall the item immediately. No injuries are required, just the POSSIBILITY of injury. Do you see ANY problems with that standard? Do you think the possibility of injury is the same as the certainty of injury??? Are your products indestructible? Is this a standard for recalls you are prepared to meet? And how do you plan to blunt this regulatory attack?

Having fun yet?

You heard it here first. The “broken toy” standard – that’s the rule now. I’m not kidding.

For those of us idiots who persist in making children’s products, these recalls are chilling, particularly in light of the decision on “Children’s Products”. The CPSC is busily engaged in shrinking our market through scare tactics and reactive regulation of the markets. They are also building barriers to entry that protect mass market companies and ensure the demise of small business. How many of you can withstand the cost, damage and disruption of a 11 million piece recall? None of you. This will cost Mattel ONE PENNY. Aw, poor Mattel. Who will be left to compete with them? Hasbro. And you? You’re screwed. The CPSC doesn’t even bother with lip service on this one anymore.

The new definition of what constitutes a ” substantial product hazard” under the CPSA is now . . . everything. Anything that might possibly cause injuries is implicitly an “imminent threat” and must be recalled. There is no defense to the possibility of injury. Heaven forbid that there may have been injuries of any kind. Then you are dead. You’ll find out your penalties in a few years but right now, the recalls must proceed. Doesn’t matter what percentage of the items cause injury. Doesn’t matter how many years it took to accumulate the injuries. Doesn’t matter if the consumer was at fault or if there was dereliction of duty on the part of adults. The company is always at fault.

We are aiming for a Utopian society now, guys. Do you doubt this? Read this article carefully from the top a second time. The message is clear: Manufacturers, get out of Dodge, unless you are Mattel.

RECALL THE CPSC! This madness will kill us all. This is all about a mania and political leadership hired to foment this change in approach. There is little reason to believe these people will change – it’s time to start over.

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CPSIA – Recall the CPSC

CPSIA – Tea Party Comments

I received a provocative comment on my recent blogpost on the Tea Party and quote from it here:

“I’ve come on here less and less because the blog is starting to seem less a good source of information and more like a long, angry political rant. If that’s what you want, more power to you. You’ve certainly earned the right to rant. You have the freedom to write what you want and I have the freedom not to read it. If you’re posting this because you care, well yes, I do think you’re alienating quite a few people, myself included.”

This is a fair comment and probably accurate. The blog is angrier and more focused on elections and politics that before. Frankly, I have known for some time that I increasingly lapse into a rant. Why is that?

Here’s the problem – I can’t provide much information to you anymore because there’s nothing much to report. There is a steady drumbeat of ordinary or trivial details from the agency to pass along but the excesses of this CPSC administration have gone on so long that they now bore most people. On a more macro level, the news spigot shut off because (a) the Dems in Congress stopped listening a long time ago and are doing NOTHING to fix this mess, and (b) the CPSC has demonstrated that they are going on their merry regulatory way no matter what we say or think. Time and partisan appointments are giving Mr. Waxman his tacit victory.

So we are stymied. And what tools do I have left at my disposal? Consider what I have already tried: I have employed representation in Washington for now almost two years. The cost of this exercise comes out of my personal pocket. No need to feel sorry for me, but that’s a fact. I have also testified before Congress, I have testified before the CPSC (several times, at their request), I have written numerous comment letters (none of which were answered), I have appeared in endless articles and on 60 Minutes, I have given speeches, sponsored a rally, and yes, given up thousands of hours of my life to write almost 500 blogposts for you (and the CPSC) to read. I have left no stone unturned.

If you had done all this over a two-year period and produced the scant results I had, what would YOU do, Anonymous? Keep mumbling to yourself? Is that really productive? If the problem is as serious as I say it is, then continuing with a losing strategy seems pretty dumb to me. It was Albert Einstein who reportedly said “The definition of insanity is doing the same thing over and over again and expecting different results”. It appears that a change in strategy is needed – if we want to produce a different result.

And blaming the parties responsible is appropriate. My readers know I am being honest and candid here. You know where I stand. The Dems are responsible for this mess. They may have had help creating the law in 2008, even the signature of Mr. Bush to close the deal. Then again, when the carnage became clear, the Dems employed the Nancy Reagan “Just Say No” defense in the face of indisputable evidence of their policy failures. The Dems have been a rock of intransigence and indifference for two years now. The Republicans have not. Again, that’s a fact. And the CPSC is being run by Dem politicians who work consistent with the wishes and desires of the Congressional Dem leadership. I am supposed to overlook this? Possibly not notice, look away? That view, if you hold it, insults my intelligence.

These days I have few choices available to me. I can continue to pursue a clearly ineffective strategy and find my voice increasingly marginalized by its irrelevance, or I can work within the political system (as is my right) and find another route to the desired outcome. I hate the CPSIA and I hate what Congress and the CPSIA have done to the CPSC. I cannot abide by this. So now what? Sucking my thumb is not an option. It’s time to get RID of these people. They made themselves a big part of the problem and deserve what they get. After all, the rules of the games were known in advance, and they knew what they were doing.

It’s my right to take steps politically to fix this situation. I hope I don’t lose you as a reader, Anonymous, but if you have better things to do or better sources of information, I trust you will come here less often. My commitment to our employees, customers, suppliers, consumers and other stakeholders remains unwavering and has to come first. I am loyal to them and won’t be defeated by this year’s version of tyranny.

Onward to November 2 and the defeat of the people responsible for this Greek tragedy!

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CPSIA – Tea Party Comments

CSPIA – Treatment of Resale Goods under the Waxman Amendment

The new Waxman Amendment provides an arcane and inadequate resolution of the longstanding complaints about the treatment of resale shops and resale goods under the CPSIA. The amendment adds a new provision, Section 101(b)(3), to address the resale issues.

This short provision has a lot going on:

a. It only applies to lead restrictions. The exceptions for resale goods do NOT apply to the phthalates ban. This means that used toys are unlikely to reappear in resale shops. It also means that anything possibly affected by the phthalates ban, including certain clothing and childcare articles, will be dangerous to sell in resale shops.

The legal niceties are of little import here – these low revenue stores won’t go near trouble. Will they know what’s okay to sell and what’s not? Probably not. Of course, the CPSC could always put out a new guidance brochure for them – something to look forward to!

Arguably, the inability of the Dems to give a clean waiver to the resale industry means that the resale exemption grants little relief in practical effect. That’s my belief, at least. If resale shops do not feel comfortable that the responsible administration of their businesses will keep them out of harm’s way (including being free of the possibility of bad publicity), they are likely to stay out of the market for children’s goods entirely. Resale stores don’t have legal departments . . . . [Who knew?!]

b. The definition of a “used children’s product” is quite interesting:

“The term ‘used children’s product’ means a children’s product that was obtained by the seller for use and not for the purpose of resale or was obtained by the seller from a person who obtained such children’s product for use and not for the purpose of resale.”

This obtuse language is intended to forbid the bulk resale of merchandise by inventory liquidators while permitting charity or consignment sales of children’s product. “For profit” resale shops will also be snagged on this language.

The origins of this language is presumably Commissioner Bob Adler’s odd Solomonic recommendation that charity shops be allowed to sell used clothing but not “for profit” resale shops.

The new definition is confusing because of the peculiar word “obtain”. There is no question that under this provision, you cannot “obtain” children’s products for the purpose of resale. Does this restriction apply to donated goods? Probably not because the legislators presumably believe you don’t “obtain” a donation for a particular purpose. Of course, that’s a fiction – do you think the Salvation Army accepts donations of children’s products with no purpose in mind? Could this language be a backhanded way to approve the distribution of donated goods for free but not for a nominal price? Possibly.

Would this limitation apply to consignment sellers who never take title – do they actually “obtain” the goods? Consignment sales may be okay but no doubt some factual inquiry will be required, a nice case-by-case analytical process to keep the CPSC busy! Ebay resellers and “for profit” resale shops are almost certainly not given relief by this language. The Resale Roundup is not in danger . . . .

The asserted distinction between a reseller of donated goods (a so-called charity shop), a consignment store and a “for profit” resale shop is flimsy and patronizing, in my view, reflecting a patrician view of society and the needs of the “lower class”. As I have explained in the past, the issue should be about safety, not compassion for the impoverished. Is it morally permissible to give dangerous products to children because they are poor? Please, don’t insult my intelligence. If the goods are safe, sell them – and if they’re not, throw them away. It has nothing to do with “needy” kids. This is yet another case of Dem legislators being unwilling to take a reasonable stand on what is and what is NOT safe. They are apparently willing to sacrifice the resale industry to their lack of courage.

c. As if the foregoing didn’t prove that the bill’s authors live in La La Land, the definition of “used children’s product” has several exceptions, namely children’s metal jewelry, painted children’s toys, children’s products comprised “primarily” of vinyl and any other children’s product later identified for this list by the Commission. I guess the charity shops are supposed to keep their eyes peeled.

So apparently the idea is that resale shops can get back into the children’s product business except . . . except . . . except . . . . The simple relief these shops need has been denied in favor of new uber complexity. To the intended beneficiaries of this “relief”, complexity alone will make the law unintelligible or at least unmanageable. Despite the “good intentions”, the effect of the relief will be moot – in other words, nada.

You should be OUTRAGED about this situation. The very FACT that this Dem-controlled Congress has been sucking its thumb over this issue for TWO YEARS, through two cold and snowy winters, is a national embarrassment. Frankly, it more shameful than that. When the Dems finally worked themselves into action, this is the best they could do?

The persistent inability of the Dem Congress to act sensibly on this issue is both demoralizing and illuminating. This situation is the Dems’ handiwork and yet, the disruption of this market affects the neediest Americans, and among them, the youngest and most vulnerable. Quite a departure from Democratic Party traditions. Not only is access to kids’ warm winter clothing impacted, but so many other important products are embargoed, from baby items to educational products to whathaveyou. And even though the needed goods are plentiful, the CPSIA made it prohibitive to offer them for sale at a low price. Too bad, Poor People!

The poor don’t deserve to live in the anti-economy just because the Dems have a phobia. The fact that the Dems can’t apparently empathize with people who really need their support is so shocking.

I hope you won’t support this bill regardless of its impact on you unless it gives real relief to those in need. If we are really a community, we must DEMAND true relief for the resale market. It’s time to take a stand against a stubborn, morally-numb, self-justifying Dem Congress.

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CSPIA – Treatment of Resale Goods under the Waxman Amendment