CPSIA – Recall of Safe Products Continues to Reverberate

The national convulsions (call it “brain softening”) induced by the CPSC’s action in forcing McDonald’s to recall admittedly SAFE Shrek drinking glasses continued to spin out of control today. Following their usual election year script of harshly dealing with invented crises to impress the easily-duped public, Henry Waxman and Bart Stupak, two Democratic leaders on the House Energy and Commerce Committee, sent letters today to McDonald’s and the manufacturer of the glasses, ARC International, demanding information to blow this non-issue up into a mega-crisis.

Before I summarize how Waxman and Stupak worked to spread regulatory disease far and wide, I think we all owe a big THANK YOU to the CPSC for so vigilantly protecting us from these safe products. There is no doubt that we were all victims of a false sense of security, not knowing that atoms of cadmium might be lurking on the outside of drinking glasses. Of course, cadmium atoms also lurk in our food, in our water, in our air, in our dirt AND on countless glasses in our homes sold over preceding decades without incident – but, heck, that’s a little too science-y, don’t you think? Only by exposing that these glasses are SAFE while at the VERY SAME TIME pushing for a highly-publicized recall and resulting media panic, did the CPSC reveal that we were actually safe without even knowing it – and yet they STILL acted to protect us! What a great bunch of guys and gals we have at the CPSC, we are so lucky. No really, thank YOU Consumer Product Safety Commission!

Mssrs. Waxman and Stupak sent off two letters demanding lots of “incriminating” information, such as:

• A list of all manufacturers and distributors that supply McDonald’s with children’s products. McDonald’s interest in keeping its suppliers’ identities confidential as a trade secret is no never mind. After all, the glasses they recalled are SAFE, so you can’t take ANY chances. And let’s not forget the FACT that the other McDonald’s items are NOT suspected of ANY violation of ANY law. This is Mr. Waxman’s wizardry to keep us all so safe. . . .
• A list of all the “steps” McDonald’s takes to ensure that children’s products do not contain hazardous materials. The FACT that the CPSC has declared these glasses SAFE does not apparently matter in this inquiry, raising the question of what Waxman and Stupak mean by “hazardous materials”. Presumably then, the presence of an atom of cadmium might meet their “standard” for hazardous materials. In utopia, there is no cadmium. Waxman and Stupak represent the 1st and 8th Congressional Districts of Utopia, respectively.
• The identity of the supplier of the enamel on the SAFE glasses. This identity had previously been withheld by ARC, showing character by attempting to keep the crisis away from an innocent supplier. As ARC said in a recent newspaper report, “[it] could have been any glass company. . . . We all do the same thing using materials from the same suppliers.”

I find it ironic that the Ranking Member of the Subcommittee on Oversight and Investigations is none other than Michael Burgess. Burgess is a doctor (M.D.). Maybe he has a sense of what constitutes an actual hazard to human health. If he does, I hope he shares it with his colleagues on the other side of the aisle. . . .

Hey, let’s not get too paranoid here. No one is going to pay attention to this mass hysteria or change how they regard the federal safety laws. This mega-screwing of two reputable companies over admittedly SAFE products is not relevant to the rest of us. Why? They’ll never be interested in us because we all make . . . SAFE PRODUCTS.

Oh, crap.

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CPSIA – Recall of Safe Products Continues to Reverberate

CPSIA – Congressional Eager Beavers Push Anti-Cadmium Law

Congress’ Junior Scientists Club (Senators Klobuchar, Schumer and Nelson) sprung into action Tuesday to solicit co-sponsors for CPSIA knock-off legislation to ban cadmium and various other materials in jewelry. The delicious irony here is their choice of day to launch this effort, namely the day that Massachusetts elected a Republican to replace Ted Kennedy in the Senate, an election result widely interpreted as a firm rejection of this Administration’s government intervention, you know, like this bill.

Let’s not forget that in 1972 the Federal Government created a little known agency to handle “threats” like this, namely the Consumer Product Safety Commission. Congress gave the CPSC the authority it needed to do its job. Oddly, today our Democratic-dominated government seems to think that only it can solve safety problems and further must LEAP into action to save us. I question this. Perhaps the CPSC even questions this.

Even more remarkable is the Dems persistence in pursuing a CPSIA strategy to “stop this cold”. Have these Senators learned nothing from the last 18 months of CPSIA chaos and pain, preferring instead to continue legislating without research, hearings or contemplation? Well, the approach “worked” once before and they did read an AP story about it. . . .

Someday these Senators will be up for reelection. Mark your calendars!

Here’s their letter for your reading pleasure:

Sent: Tuesday, January 19, 2010 12:16 PM
Subject: Cosponsor the Safe Kids’ Jewelry Act – keep cadmium out of children’s jewelry

Senators Schumer, Nelson and Klobuchar are seeking cosponsors of the Safe Kids’ Jewelry Act. A copy of the draft bill is attached. Please let Stacy Ettinger in Senator Schumer’s office know, this week, if your boss would like to cosponsor the bill or if you have any questions about the bill.
Also, appended below, please find the January 10, 2010, by Justin Pritchard on the Associated Press’s investigation into use of cadmium in children’s jewelry and the adverse health effects of cadmium exposure (http://www.msnbc.msn.com/id/34793600/ns/health-kids_and_parenting/print/1/displaymode/1098/ ).

SUPPORT THE SAFE KIDS’ JEWELRY ACT
Protect Children from Exposure to Cadmium and Other Toxic Heavy Metals in Children’s Jewelry

Dear Colleague,

We write to request that you consider cosponsoring the Safe Kids’ Jewelry Act. We believe that this bill is vital to protect children from exposure to cadmium and other toxic heavy metals in children’s jewelry. The legislation would prohibit the manufacture and sale of children’s jewelry – including charms, bracelets, pendants, necklaces, earrings, or rings – containing cadmium, barium or antimony.

Cadmium is a soft, silver-white metal that typically is used to manufacture pigments and batteries and in the metal-plating and plastics industries. Cadmium is a known carcinogen and studies show that direct exposure has adverse developmental and reproductive effects and can lead to kidney disease, among other health problems. Infants and young children are particularly vulnerable to the dangerous effects of cadmium and other toxic heavy metals. Children’s growing bodies absorb these metals at much higher rates than adults and long-term cumulative exposure increases toxicity.

This legislation is needed because test findings show a growing presence of cadmium in children’s jewelry as foreign manufacturers switch from lead – now banned in children’s products – to cheap substitute metals. In lab testing for a recent Associated Press investigation, chemists found significant use of cadmium in a variety of charms, bracelets and pendants sold at several popular retail stores.

In addition to banning children’s jewelry made with cadmium, barium or antimony, the legislation provides for enforcement of the ban, as well as further study on whether other heavy metals should be banned for use in children’s jewelry or other children’s products. Specifically, the bill —

· Protects children. Children are most vulnerable to the health risks from cadmium and other heavy metals. The bill bans the manufacture and sale of children’s jewelry containing cadmium, barium or antimony marketed for children ages 12 and under. Products covered by the ban include charms, bracelets, pendants, necklaces, earrings and rings. The ban would take effect 90 days from enactment of the legislation.

· Gives the CPSC flexibility to designate the most effective testing and certification requirements. The bill gives the Commission authority and flexibility to set stringent, effective testing and certification requirements for manufacturers to ensure the safety of children’s jewelry.

· Sets criminal and civil penalties for violations. Children’s jewelry containing cadmium, barium or antimony would be considered a “banned hazardous substance” under the Federal Hazardous Substances Act (“FHSA”). The bill mandates application of criminal and/or civil penalties under the FHSA for any violations of the Safe Kids’ Jewelry Act. The bill requires the Commission to report annually to Congress on its actions to enforce the Safe Kids’ Jewelry Act, as well as whether the Commission imposed any criminal or civil penalties for violations of the Act.

· Does not preempt State or local law. A significant number of States and localities across the country are now considering enacting laws to ban sales of children’s jewelry containing cadmium and other heavy metals. The bill makes clear that the Safe Kids’ Jewelry Act would not preempt State or local laws relating to regulation of products containing cadmium, barium or antimony. The bill also clarifies that the Safe Kids’ Jewelry Act would not affect any enforcement action or liability of any person under State law.

· Requires CPSC to report to Congress regarding heavy metals which should be banned from children’s products. The bill requires the Commission to study and report to Congress within one year on whether other heavy metals should be banned from use in children’s jewelry or other children’s products.

We hope you will join us in supporting this bill. If you have any questions about the bill or would like to cosponsor the bill, please contact Stacy Ettinger in Senator Schumer’s office (4-7945 or stacy_ettinger@jec.senate.gov); Clint Odom in Senator Nelson’s office (clint_odom@billnelson.senate.gov); or Jonathan Becker in Senator Klobuchar’s office (jonathan_becker@klobuchar.senate.gov).

Sincerely,

/S/
Charles E. Schumer
Bill Nelson
Amy Klobuchar

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CPSIA – Congressional Eager Beavers Push Anti-Cadmium Law