CPSIA – AAP’s Campaign of Lies on CPSIA Amendment (ECADA) Continues

Not quite out of town yet, Cindy Pelligrini and her AAP associate have promulgated another letter today with more lies and misstatements about lead and the CPSIA. It is worth observing that there is no doubt, and never has been any doubt, that lead is a neurotoxin and is capable to harming children.  I think that’s a given.  The AAP letter gives considerable air time to remaking this point over and over again.  Got it, thanks.  What the AAP cannot do, and never has done, is prove a LINK between the presence of lead-in-substrate in children’s products (shoes, educational products, books, ATVs, pens, bikes, t-shirts, shoes and so on) with actual injuries.  Nada, nothing.  Instead, they emphasize the “danger”, sometimes lapsing into fantastic arguments calculating “losses” based on assumed and undocumented injuries, but NEVER do they address the subject of causation or nexus. A good example of AAP tall tales is from their May 11 letter: “The potential impact of lead in children’s products is real.  For example, in 2007 and 2008, over 9.8 million pieces of children’s toy jewelry were recalled for excessive levels of lead.  If just one-half of one percent of these items caused lead exposure in a child, 49,000 children would have been affected.  If each of those children lost one IQ point – which can occur at levels of exposure below 100 parts per million – the economic burden of that lead exposure would be at least $409 million just in lost lifetime income. Health economists estimate that every time average blood lead level increases by a small amount across the children born in any given year, $7.5 billion is lost in potential earnings for those children.” But the AAP cannot deliver up even one such victim.  All such calculations are therefore pure fantasy.  Or should I say pure ignominy? Today’s letter is no better.  See below with my annotations in red .: May 24, 2011 The Honorable Fred Upton Chairman Committee on Energy and Commerce U.S. House of Representatives Washington, DC 20515 The Honorable Mary Bono Mack Chairwoman Subcommittee on Commerce, Manufacturing and Trade U.S. House of Representatives Washington, DC 20515 Dear Chairman Upton and Chairwoman Bono Mack: As experts in the field of pediatrics, environmental health, and toxics, we would like to express our deep concern over the consideration of legislation that would have the effect of permitting more lead in toys and children’s products. [ This is a LIE - ECADA does not permit "more lead in toys and children's products".] Lead is a potent toxicant that can have a range of adverse effects on children’s brains and bodies. Low lead levels cause a wide array of negative effects, including cognitive, motor, behavioral, and physical harm. Even at very low levels, lead has been demonstrated to cause the loss of IQ points in children. [ AAP citations call into question cause and effect, noting the many factors involved including self-selection.] Children with elevated blood lead levels are more likely to experience attention deficit and reading disabilities, and to fail to graduate from high school.  [They are also more likely to live in poverty, in older housing, in inner cities and eat paint chips.]  Researchers have identified associations between lead exposure and increased aggression, commission of crime and antisocial or delinquent behaviors.  [Ditto]  Other effects include abnormal balance, poor eye-hand coordination, longer reaction times, and sleep disturbances. At high levels, lead can be fatal. [Can the AAP show me an example of ONE CHILD who died or was injured from lead-in-substrate EVER?  Apparently not - four Congressman tried to get the same information during the April 7th House hearing without success.]  Lead accumulates in the human body and is stored in the bone, so multiple low-level doses can quickly result in harmful levels. For all of these reasons, our nation has for decades pursued a multi-faceted strategy of reducing children’s exposure to lead from all sources, including air, paint, soil, food, water, and the full range of consumer products. [The AAP cites a CDC publication  in their May 11 letter on lead in which the CDC points to lead in paint, interior dust, exterior dust and dirt and lead in tap water.]  To date, science has not been able to identify any safe level of lead exposure for children. In 2008, Congress passed legislation that recognized the devastating effects of lead on children’s health and strictly limited lead content in toys and other children’s products. The Consumer Product Safety improvement Act protected children up to the age of 12, thereby covering the full period in which the vast majority of children will experience both rapid brain growth and the behaviors that increase lead exposure. [Human factors experts at the CPSC have long acknowledged that mouthing behavior ends at about age three.  Mouthing behavior over age three is unusual and considered age-inappropriate, meaning that it is the responsibility of parents and caretakers to monitor and manage such behaviors to the extent they occur.]  The law also phased in limits on lead content, with the final stage of that limit scheduled to take effect this August. That restriction of no more than 100 parts per million of lead in children’s products is expected to all but eliminate the possibility that exposure to a single product could cause the loss of one IQ point. [The AAP's assertion that there is a "possibility" of a loss of an IQ point from an interaction with lead-in-substrate in a children's product is purely conjectural and without basis in fact.  Their persistence in advancing this argument without proof must be considered evidence of an intent to deceive.]   These provisions represent critically important protections for children’s health and are a vital component of a comprehensive strategy to reduce lead exposure from all sources. [Interestingly, neither the CDC nor the EPA take this position.  In fact, the EPA notes:  "First and foremost, the Agency faces the difficulty of determining the level at which to set the standards given the uncertainties in information on cause and effect --what environmental levels in which specific medium may actually cause particular blood lead levels that are associated with adverse health effects. The Agency has tools, which are only generally consistent, that show that certain increases in environmental lead levels are associated with certain increases in blood lead levels. Given the range of uncertainty shown in its analysis supporting the establishment of a hazard level under this rule, EPA has developed a technical analysis that considers hazard standards for dust and soil at the lowest levels at which the analysis shows that across-the-board abatement on a national level could be justified. EPA recognizes, however that for any levels of lead in dust or soil judgment must be exercised as to how to treat the medium, and interim controls as well as abatement could be effective . . . . Thus, if EPA were to choose standards that are too low, the public could be unable to distinguish between trivial risks at the low levels of lead from the more serious risks at higher levels. This could result in clean up for little to no health benefit, or conversely, it could result in almost no clean up because persons would question the credibility of the ‘hazard' determination."] Given the extreme difficulty or impossibility of eliminating children’s exposure to lead in our air, soil, water and food, it becomes even more imperative to limit lead from those exposures we can control, such as children’s products. [Having never provided any nexus between trace levels of bound-in, insoluble lead-in-substrate in children's products and any known health risk, this sentence is either a lie or intentionally misleading.  The AAP could resolve all such matters in its favor if it ever proved its case.  Over the past four years, it has failed to do so.]  We urge you to maintain strict limits on lead in all parts of toys and products meant for children up to the age of 12 years. Signed by 100 “experts”

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CPSIA – AAP’s Campaign of Lies on CPSIA Amendment (ECADA) Continues

CPSIA – The Alliance for Children’s Product Safety Endorses CPSIA Amendment

For Immediate Release May 12, 2011 ALLIANCE FOR CHILDREN’S PRODUCT SAFETY ENDORSES HOUSE BILL TO REFORM CPSIA 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 in support of the “Enhancing CPSC Authority and Discretion Act of 2011″ (ECADA), a bill to be marked up on Thursday, May 12 by the House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade: “We strongly endorse this bill and congratulate Subcommittee Chairman Mary Bono-Mack and others who drafted this important legislation in order to bring common-sense to our product safety laws, and provide relief to the thousands of small businesses that have suffered from the overreaching provisions of the Consumer Product Safety Improvement Act (CPSIA). After almost three years of rancorous debate, Republicans and Democrats in Congress agree that it is time to fix the CPSIA. The law has banned safe products ranging from rhinestones, books, pens and musical instruments to ATVs and bicycles, devastating critically-important industries without proof that children will actually be safer. Congress and the CPSC have received testimony of companies driven out of business by this law, of products withdrawn from the market and of massive cost increases from needless and repetitive testing. The number of companies negatively impacted by the over-reaching provisions of the CPSIA is in the many thousands. ECADA would enact relatively modest changes to CPSIA, including those requested by both Democratic and Republican Commissioners of the Consumer Product Safety Commission. The changes to rules governing the presence of lead in children’s products reflect good science and set appropriate, common sense standards to protect the health and well-being of our children while also protecting jobs in difficult economic times. The Alliance calls on the Committee to ignore the rhetoric from certain groups who accuse anyone who proposes common-sense modifications to the CPSIA of “endangering children” to justify a stifling, over-reaching law which has accomplished little but damaged many fine companies, killed jobs and depressed markets. These are the same groups whose extreme positions on “safety” have included testimony warning about the perils of “bicycle licking” and playing brass instruments in a school band. We cannot allow fear mongering to drive important federal legislation touching vital industries. There is bipartisan agreement that CPSIA needs to be fixed. ECADA is an important and long overdue step in this process and we urge Congress to finalize this legislation as soon as possible.” 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 http://www.AmendTheCPSIA.com/ or contact Caitlin Andrews at 202-828-7637.

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CPSIA – The Alliance for Children’s Product Safety Endorses CPSIA Amendment

CPSIA – Quick Observations about the New CPSIA Amendment Draft

The revised amendment of the CPSIA (oddly titled ” Enhancing CPSC Authority and Discretion Act of 2011 “) published today is due to be “marked up” by the Subcommittee on Commerce, Manufacturing and Trade on Thursday.

CPSIA – Three Dem CPSC Commissioners Accuse Industry (You) of Dosing Kids with Lead

In a revolting display of cowardly fear mongering, the three Democratic CPSC Commissioners yesterday wrote the House Committee on Energy and Commerce and its Subcommittee on Commerce, Manufacturing and Trade to protest the proposed CPSIA amendment.  In this letter, in defense of the lead-in-substrate provisions, the Dems sow fear by suggesting what you might do: “The CPSIA set one of the most protective lead limits for children’s products in the world. The public health community continues to hold its overwhelming consensus: There is no safe level of lead.   We oppose any change in the law that would lead to an increase in the DOSES OF LEAD to which our children are exposed on a daily basis, particularly when the marketplace has for the most part already adjusted to lower lead levels and is well on its way to getting the lead out of children’s products .” [Emphasis added] Hmmmm.  Apparently we evil toymakers, sinister educational product makers, monstrous t-shirt and jeans producers, venal shoemakers, diabolic rhinestone merchants, demonic ATV purveyors, fiendish motocross enthusiasts, vile vending machine operators, corrupt jewelers, slimy resale shop owners, worthless book publishers, perverse pen companies, satanic carpet weavers – we all are just waiting for the CPSC to look the other way so we can “dose” children with lead.   This kind of asinine accusation normally would be something to deride and lampoon in this space, but in this case frankly, it’s not at all funny.  Here you have three CPSC Commissioners with a majority vote (including Chairman Inez Tenenbaum) going national with serious, maligning insults of our values and our integrity.  They can hardly restrain themselves – they go further to assert that we have only “for the most part adjusted” to the new rules – you know, by firing people, cutting products, withdrawing from markets. This is your “leadership” on the Commission.  I want to vomit. CPSC Commissioners are appointed by the Senate.  I wonder if a better word is “planted”. The letters make clear where children have lead exposure risk.  Lead in D.C. tap water, no, that’s fine – what can anybody do about THAT?  House paint, environmental sources – nah!  No, the real problem is industry and its “dosing” through children’s products.  The last line of defense is the CPSIA.  The three Dem Commissioners put it succinctly – change the law and poison children. Better to over-regulate than under-regulate because it’s a zero-sum game, right?  As usual, the Dems don’t mention that THEY CAN’T PRODUCE EVEN ONE INJURY VICTIM FROM LEAD-IN-SUBSTRATE IN CHILDREN’S PRODUCTS.  There are more than 50 million children in this country in the regulated age group and no one can find a single injury victim – EVER. Nonetheless they apparently think it’s perfectly fine to wag their fingers at us and accuse us of unspeakable acts.   Who’d say anything, anyhow?  Won’t get fooled again. . . . I guess we have a hint here how these people might vote on the technological feasibility of 100 ppm.  Giving them an extra year to lower the boom won’t do anything to protect my employees or my customers – they are TELLING US that the die is cast.  That’s because you and I apparently want to “dose” children with lead the first chance we get!  They reinforce the hyperbolic tone by standing pat on the age limits under the CPSIA – we NEED the 12 year old limit.  Why? Because Mommy says so.  Junk science to the rescue! We can’t have kids eating their ATVs, can we? Does anyone wonder why trust in this agency is destroyed beyond repair?  Who in the business community would ever expect to get a fair shake from these consumer group front men?  Government for all us?  Hardly. Defending themselves on a weak point, the Dems contend they are sympathetic to small business. Myself, I can’t measure commitment by limp and syrupy words of consolation – I look at what they do, not what they say.  These people have done precisely ZIPPO for small business after three years of begging, pleading, screaming.  I am tired of hearing about how much they CARE about small business. [Guess who drafted the letter?] As a friend of mine used to say, it’s bullpucky. Here’s a shocker:  I actually agree with one thing these people say – that parents deserve safe products regardless of who makes them. Of course that makes sense (no one cares whether a tortfeasor is a big company or a small company) which is why I want sensible standards that apply equally to everyone. In this case, the government should stop telling us how to run our businesses.  Make a reasonable set of standards based on a real and defined “substantial product hazard” standard and go from there.  This is parent-friendly and quite workable for small business. Of course, my suggestion would make these Democrats much less important and certainly less heroic.  Their letter makes clear who “saved” America – the CPSIA, the Dems in Congress and the Dems on the Commission.  They’re the ones who really CARE.   Won’t get fooled again . . . . Fittingly, the letter wraps up with words dripping with insincerity:  ”Nevertheless, while it is true that no one, including us, wishes to over-regulate, similarly we cannot support under-protecting the American consumer, particularly our nation’s children.” In other words, the Democrat Commissioners are daring Congress to loosen the nose around out necks and are prepared to blame them if anything goes wrong. This also provides cover for zealot Senators who will make sure you have a great opportunity to go bankrupt or remain under the thumb of their out-of-control agency.  I don’t think it’s much of a stretch to say it looks like a conspiracy – Democrats against you. It would be wrong to call this letter disillusioning.  That happened a long time ago.  It also conveys little new information. Anyone truly shocked by this letter by these authors has been asleep at the wheel for the last three years.  This merely confirms or updates what we already knew.  I don’t have a solution to people like this running the show.  I can’t do anything about it.  One of them, Thomas Moore, is now about six months past the end of his term.  Maybe Congress forgot about him.   Pay attention today.  The stakes are high and getting higher.  The CPSC is working against you.  We will need keep fighting to survive.

The rest is here:
CPSIA – Three Dem CPSC Commissioners Accuse Industry (You) of Dosing Kids with Lead

CPSIA – Witness List for April 7th CPSIA Amendment Hearing

Memo to Members of the House Subcommittee on Commerce, Manufacturing and Trade: When you listen to Dr. Dana Best fling around numbers tomorrow, please remember that “bazillions” is not a real number. When she asserts that there are possibly “millions” of injured children from lead-in-substrate, please demand real, auditable data! The Witnesses: Panel 1 Mr. Robert Jay Howell Assistant Executive Director Hazard Identification and Reduction U.S. Consumer Product Safety Commission  Dr. Barbara D. Beck, Ph.D., DABT, FATS Principal Gradient Dr. Dana Best, MD, MPH, FAAP American Academy of Pediatrics  Panel 2 Ms. Erika Z. Jones Partner Mayer Brown On Behalf of the Bicycle Product Suppliers Association   Mr. Paul C. Vitrano General Counsel Motorcycle Industry Council Principal Ms. Sheila A. Millar Partner Keller and Heckman LLP Caroline Cox Research Director Center for Environmental Health Panel 3 Mr. Frederick Locker Locker Greenberg & Brainin PC Mr. Charles A. Samuels Member Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. Mr. Dan Marshall Vice President, Handmade Toy Alliance Co-Owner, Peapods Natural Toys & Baby Care   Ms. Rachel Weintraub Director of Product Safety and Senior Counsel Consumer Federation of America

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CPSIA – Witness List for April 7th CPSIA Amendment Hearing

CPSIA – New CPSIA Amendment Revealed

The Subcommittee on Commerce, Manufacturing and Trade has produced a new draft amendment of the CPSIA.

CPSIA – NAM Letter Pounds the CPSIA Database

March 8, 2011

Mr. Todd A. Stevenson
Office of the Secretary
Consumer Product Safety Commission
Room 502
4330 East West Highway
Bethesda, MD 20814

Dear Mr. Stevenson:

The National Association of Manufacturers respectfully requests the Consumer Product Safety Commission (“CPSC” or “Commission”) to 1) reconsider aspects of its final rule on the Publicly Accessible Database (“Database’),1 and 2) continue for at least three months the “Soft Launch” phase of the Database to allow the Commission and affected business users to address operational and administrative flaws identified in the “Soft Launch” to date.

On January 21, 2011 the Commission announced a “Soft Launch” to test procedures and processes to implement the database requirements, as interpreted by the Commission in its final rule. As the official Database launch date approached, companies have registered or attempted to register to participate in the Database. A total of 723 registrant companies were reported in testimony to the House Subcommittee on Commerce, Manufacturing and Trade on February 17, which is only a fraction of companies manufacturing or importing consumer products in the United States. In addition, due to reported technical problems only a few preliminary “reports of harm” (as defined in the CPSC’s Final Rule on the Database) have now been able to be subject to completed processing. NAM has similarly sought information from manufacturers, importers and private labelers on experiences and problems encountered during such soft launch.

Based upon surveys of manufacturer experience, the following have been discovered to be problems which must be addressed by the Commission prior to final launch of the database:

1. Manufacturers with different divisions and brands among different product lines have indicated an inability on the part of CPSC staff to timely register multiple parties within such corporations. It is important to both the CPSC and manufacturers that the system allow for the assignment of adequate identifiers to permit review and comment on the material inaccuracy of filed complaint data within the database in a timely fashion as required by the final rule, minimizing duplicative filings for multiple corporate entities within a broader organization and allowing for streamlined communications between businesses and the CPSC. The difficulty in registering by brand/product line/division and the slow or incomplete response by the CPSC to registration raises troubling questions about the promised flow of information between the CPSC and registered companies.

2. A number of manufacturers, importers and private labelers have reported that reports not directly involving “Harm” (an express precondition to processing and posting) have contaminated the Database. Some respondents report that as many as 30% of the complaints forwarded were not adequately scrubbed to assure that they involve “harm,” as defined by law, as an express precondition to processing and posting within the database. Other respondents indicate that some claims are simply conjecture based on a review of Internet postings or product listings on a website. Such unresolved errors can undermine the integrity and purpose of the Database.

3. Licensors have indicated that they have received reports that are materially inaccurate since they involve products for which they are not the manufacturer, importer or private labeler, but which have been identified as suitable for posting. This has occurred notwithstanding a response from licensors verifying that they have been falsely identified as the manufacturer, importer or private labeler of the product, when they are not. The challenge to accurately identify the responsible party is apparently not being met by the filers, and these inaccuracies are not currently being rectified by the CPSC staff.2

4. Manufacturers, importers or private labelers have indicated that they have received reports of harm identifying an incident as involving their product that did not in fact involve their product, so were materially inaccurate, and advised CPSC of this fact. They have not received return affirmative confirmation that CPSC staff will not post such false claims in the database. CPSC staffers have indicated they may not possess the resources to adequately scrub the database to avoid posting upon such notification. This is contrary to the express direction of Congress that materially inaccurate information with the potential for irreparable reputational harm be vetted prior to posting. This is essential to fundamental fairness. Although the Commission has sought to transfer the burden of proof to manufacturers, it cannot do so once a claim is made that such data is false or materially inaccurate. The Commission can assure the public during an extended soft launch that no such harm occurs.

5. Registrant businesses also report that the completed complaint forms they received often omitted necessary data such as the model, serial number, date of manufacture or date/tracking code information (required by law to be contained on many products, including specifically children’s products) so as to better identify the products alleged to be involved with the potential for harm. The absence of this critical data makes such reports unverifiable, which can result in unfair damage to the reputation of products, brands and manufacturers.

6. The Commission’s decision in the final rule to define the term “consumer” very broadly appears contrary to the intent of Congress, and will result in the potential for multiple reports of harm involving the identical incident. This will result in public confusion about the potential extent of any possible harm and will result in the inclusion of reports based on second-hand information without the possibility of verification. Experience with paper-based reporting demonstrates that often multiple products are erroneously cited as related to reported injuries without an actual causative connection. This results in misidentification and duplication of reports, which must be avoided in the Database.

While the NAM supports a product incident database serving consumers’ need for accurate product information, we do not believe a poorly-functioning database serves the public interest. Based upon the foregoing, we respectfully request and petition the Commission to reconsider the final rule and extend the “Soft Launch” for a period of three months, so as to enable its staff to implement the statutorily mandated Database in accordance with the conditions imposed under statute and the Commission’s own regulations.

To ensure the accuracy of information submitted to the database, we specifically ask that the Commission reconsider, under its final rule, the expansive definition of “consumer” and “public safety entities” that include attorneys, investigators, or other agents of a consumer and consumer advocates, individuals who work for NGO’s, consumer advocacy organizations and trade associations. Additionally, we ask the Commission to reconsider its provisions for review of claims of materially inaccuracy and its decision not to withhold potentially inaccurate information from publication until it makes a final determination of its accuracy. Last, we ask that the Commission reconsider any provisions or sections of its rule that prevent it from effectively implementing Congressional intent or its stated aims to ensure timely review and processing of database submissions and to ensure the accuracy of its contents.

Sincerely,

Rosario Palmieri
Vice President
Infrastructure, Legal and Regulatory Policy
The National Association of Manufacturers

1 75 Fed. Reg. 76832-76872 (December 9, 2010).

2 According to the CPSC, firms receiving notice of a report of harm that incorrectly identifies them as the responsible manufacturer or private labeler of a product that immediately informs the Commission of such misidentification can reasonably expect the CPSC to stop the 10 day clock for publication of the report in the Database. If the recipient of the report of harm is not the manufacturer or private labeler, the Commission can decide not to post the report either because it is materially inaccurate or because it has determined that the report of harm is missing one of the minimum requirements for publication. CPSC staff has noted that given its experience with the incident reporting system, it recognizes that consumers may misidentify the product manufacturer or private labeler. Such claims of material inaccuracy generally are resolved quickly and easily if the receiving firm provides sufficient information. Staff further notes that Firms have an incentive to immediately report errors to prevent reports of harm from being published in the Database that misidentify them as the manufacturer or private labeler. This underscores the importance of an accurate registration system that allows businesses to be identified and to quickly get reports of harm to relevant business contacts within the company so that a response can be provided. The CPSC has not yet defined what information will be deemed “sufficient” to block publication, leaving manufacturers, importers and private labelers to guess on how to deal with inaccurate identification of their products or brands in database filings.

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CPSIA – NAM Letter Pounds the CPSIA Database

CPSIA – Congressional Hearing Testimony

The hearing held yesterday by the Subcommittee on Commerce, Manufacturing and Trade can be watched at this link. I will be posting snippets from this video soon if you want to wait to watch highlights.

Testimony of the participants:

Panel 1
The Honorable Inez Tenenbaum
Chairman, Consumer Product Safety Commission

The Honorable Anne Northup
Commissioner, Consumer Product Safety Commission

Panel 2

Ms. Jolie Fay
Founder, Skipping Hippos; Secretary, Handmade Toy Alliance

Mr. Wayne Morris
Vice President, Division Services, Association of Home Appliance Manufacturers

Mr. Rick Woldenberg (oral testimony and written testimony)
Chairman, Learning Resources, Inc.

Ms. Nancy A. Cowles
Executive Director, Kids In Danger

Read more here:
CPSIA – Congressional Hearing Testimony

CPSIA – The War Over Pompeo’s Amendment to De-Fund CPSC Database

The players are lining on either side of Rep. Mike Pompeo’s brave amendment to de-fund the terrible CPSC public injury/incident database. The problem with the database is that it will likely be filled with garbage and malicious material that no manufacturer can effectively block. As you know, once the material is out on the Internet, it can’t be retracted in any practical way. This prompted Wayne Morris of AHAM to call the database a government-sponsored “blog” at yesterday’s Congressional hearing. Pompeo’s amendment, no. 545 to the Continuing Resolution on the House Floor right now, is likely be to voted on later today, possibly in the wee hours of night. It’s NOT too late to ask your Congressman to support it!

The National Association of Manufacturers sent out the following email and letter in support of Mr. Pompeo’s amendment:

“Colleagues,

The NAM sent the following letter to all members of the U.S. House of Representatives supporting an amendment by Rep. Mike Pompeo (R-KS) to discontinue funding for implementation and operation of the CPSC’s Product Safety Information Database for the remainder of this fiscal year to allow Congress the time necessary to fix the remaining challenges with the implementing rules. We expect a vote on his amendment #545 to H.R. 1 the Continuing Resolution sometime this evening. You are encouraged to share your support for this amendment to Members of the House.”

And on the other side, Rep. Edward Markey (D-MA) sent out a “Dear Colleague” letter in opposition. It contains the usual tired and worn posturing that we have endured for three years now. Interestingly, Mr. Markey did not attend yesterday’s hearing of the House Subcommittee on Commerce, Manufacturing and Trade which concerned the database in large part. I guess there’s no reason to listen to testimony if you know everything already, right?

Markey’s letter:

“OPPOSE THE POMPEO #545 AMENDMENT ON CONSUMER PRODUCT SAFETY

From: The Honorable Edward J. Markey
Sent By:
Bill: H.R. 1
Date: 2/18/2011

February 18, 2011

OPPOSE THE POMPEO #545 AMENDMENT

PROTECT PARENTS’ ABILITY TO GET EARLY WARNINGS ON POTENTIALLY DEFECTIVE TOYS AND OTHER CONSUMER PRODUCTS

Dear Colleague:

I write to urge a NO vote on amendment #545, which would eliminate funding for the Consumer Product Safety Commission’s (CPSC’s) online, searchable database. This database enables members of the public to report and obtain information about potentially defective products that could cause serious injury or even death.

The Consumer Product Safety Improvement Act (CPSIA) passed the House by a vote of 424 to 1 and was signed into law by President Bush in August 2008. It contained language I originally authored to create this online “Early Warning System” for those who wish to report or research potentially harmful or defective toys and other products.

The need for this database is clear: Before its creation, it often took YEARS before the public ever learned of serious threats to health and safety that some products posed. For example, although both industry and the CPSC were first made aware that small magnets that easily fell out of children’s toys were causing serious, life-threatening injuries in 2000, it took FIVE years before the public was given any information, and more than SEVEN YEARS before a full recall of the products occurred.

The CPSC has implemented my database requirement in a responsible and reasonable way – it allows industry ten days in which to challenge the material accuracy associated with all reports and even provides the opportunity for industry to comment on reports it believes are erroneous, so consumers can hear both sides of the story.

Moreover, a recent poll found that eighty-seven percent of those surveyed want the ability to find out if another consumer experienced a safety hazard with a consumer product.

However, industry now wants to turn the clock back and return to a time when news of products that may maim or kill can be kept secret in the interests of maximizing profits and keeping the public in the dark.

VOTE NO on the Pompeo amendment to take this vital safety tool away from mothers and fathers all across this country.

Sincerely,

Edward J. Markey”

Read more here:
CPSIA – The War Over Pompeo’s Amendment to De-Fund CPSC Database

CPSIA – House CPSIA Hearing Line-up

Here is the line-up for today’s hearing. Please note that the format is first, Members’ opening statements, second, Panel 1 presentations (five minutes each), third, questions by Members of the first panel (five minutes per member asking questions), fourth, second panel presentations, fifth, questions for the second panel. As the first panel today is Inez Tenenbaum and Anne Northup, we are certainly second fiddle so you can expect that portion of the hearing to take some time.

February 17, 2011

The Subcommittee on Commerce, Manufacturing, and Trade will hold a hearing on Thursday, February 17, 2011, at 10:00 a.m. in 2322 Rayburn House Office Building. The hearing is entitled “A Review of CPSIA and CPSC Resources.”

WITNESS LIST

Panel 1:

The Honorable Inez Tenenbaum
Chairman
Consumer Product Safety Commission

The Honorable Anne Northup
Commissioner
Consumer Product Safety Commission

Panel 2:

Ms. Jolie Fay
Founder, Skipping Hippos
Secretary, Handmade Toy Alliance

Mr. Wayne Morris
Vice President, Division Services
Association of Home Appliance Manufacturers

Mr. Rick Woldenberg
Chairman
Learning Resources, Inc.

Ms. Nancy A. Cowles
Executive Director
Kids In Danger

Read more here:
CPSIA – House CPSIA Hearing Line-up

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