CPSIA – Our Worst Nightmare: A Recall Involving Spiders!

Today in a shocking development, Mazda recalled 65,000 cars in North America because of spiders in the gas tank. Talk about hidden hazards! Lenore Skenazy pointed out in a recent article that five Americans die because of spider bites every year. And cars are coated in lead paint, to boot. Obviously, cars are just too dangerous to be on U.S. roads. Thank heavens Mazda took decisive action before tragedy struck. . . .

Needless to say, it is only a matter of time before Rep. Henry Waxman calls for hearings to interrogate Mazda management. Did they check the electronics? No, Mazda blamed the drivers for the spiders. . . . And what if Senator Dick Durbin reads about these spiders in the Chicago Tribune over breakfast? I can see another letter coming. And who will Dick Durbin write? The current Administrator of NHTSA is David Strickland, formerly the senior Senate staffer largely responsible for the Senate’s role for creating our beloved CPSIA. Check out Rep. John Dingell’s “gushing” remarks about the contribution of the Senate to that great legislative achievement. Durbin and Strickland, that “A Team” will get it done for the American public!

Spiders, cars and lead paint. It’s a consumer advocate’s worst nightmare. This requires a LEGISLATIVE SOLUTION, guys!

Read more here:
CPSIA – Our Worst Nightmare: A Recall Involving Spiders!

CPSIA – Perhaps Mark Pryor is Detrimental to the American Public

I have resolved to “out” the politicians who stand between federal law and rationality when it comes to the CPSIA. We endured two years of torture at the hands of Henry Waxman in the House, who spent 18 months denying that anything was wrong with the CPSIA – and then tried to put through an amendment to his liking in the dead of night. I exposed that deceptive effort, but it didn’t change much in Mr. Waxman’s approach.

Now, post-2010 midterm elections, the winds have shifted and there is much more recognition that the CPSIA is deeply flawed. The House is controlled by Republicans who have long recognized and admitted that the law needed to be changed in important ways to save jobs (without sacrificing “safety”). Unfortunately, certain members of the Senate remains wedded to the Waxman script and seem committed to fall on the sword to protect each precious word of that defective and fundamentally flawed law. As they rise up to stand in the way of progress and rationality, I commit to YOU that I will out them in this space.

One person who is already raising his profile to protect this law is Senator Mark Pryor of Arkansas. I am told he has a copy of the signed CPSIA framed in his office (I haven’t seen it personally, I admit) so presumably he is very proud of “his” law. It’s a shame he hasn’t been listening since he cast his vote in 2008. In today’s USAToday, Mr. Pryor opines that de-funding the CPSIA database would be “detrimental to the American public“.

Why does Mr. Pryor think this? “Private consumer complaint websites tend to focus more on performance issues, which is why ‘one central place where consumers can go to find accurate information’ about safety is needed, says Sen. Mark Pryor, D-Ark., who is pushing to keep the funding in place for the database.” [Emphasis added]

Perhaps a place with accurate information about consumer product incidents is “needed” but is the CPSIA database such a thing? Why, precisely, does Mr. Pryor thinks the database information will be “accurate”? After all, we know that Inez Tenenbaum admitted in Congressional testimony that the agency will likely post inaccurate or misleading information. Remember, “that’s what the rub is”. We also know that the General Counsel of the CPSC says that the database will not be trustworthy, featuring “complaints” without shedding light on “causation”. Remember, the General Counsel touts the disclaimers all over the website, which she is considering AMPLIFYING. In other words, she admits/acknowledges/trumpets that the information may not be true and can’t be relied upon. In other words, it’s not accurate.

Senator Pryor, are you listening?

I am sure the answer is “no”. Expect more of this from Mr. Pryor. According to Wikipedia, he is quoted in the movie “Religulous” saying “You don’t need to pass an IQ test to be in the senate“.

No argument here.

Read more here:
CPSIA – Perhaps Mark Pryor is Detrimental to the American Public

GUEST BLOG – Jolie Fay’s Story

I was not sure what all to tell. Narrowing down the story to a blog, or even a short conversation has been a challenge.

Do I mention that we are not “unintended consequences” but rather, “collateral damage”?

Do I bring up the seniors I help who are so old they do chair Tia-chi, who can afford lunch only when they can make it to the senior center, but have made wooden trucks for 40 years?

Do I bring up the fact that with NO notice to this cottage industry we are forced in the middle of the supply chain to test our products because large toy companies were breaking an already existing law?

Too much…too much to tell, so this is what I wrote. Just my story.

In November 2008 I learned about the CPSIA.

I thought that was the beginning of my journey with this law, but I realize now that my journey began when I was seven years old and participating in my first craft show with my mom. I was selling anything I could make, mostly small animals I had made from pom-poms, felt, glue and little googley eyes. Before age 12, I added to my “line” a small army of “pet rocks,” cats cradle kits, quilt patches, purses, and many, many other kids’ crafts.

When planning my family, I decided to start a business that would allow me to stay at home with my children. I started with what I knew, crafty-ness, sewing skills and some of my favorite memories of my childhood, reinvented. One thing lead to another, and before my daughter was a year old I had a business that would eventually help us buy a house in San Francisco.

Time passed, my business grew and so did my family. It was amazing being there to watch both of my daughters take their VERY first steps on their own, to be the one they turned to when they got hurt, to be their mother. I loved being there, and I knew I would not be in that situation without the money from my little on-line business.

We sold our house in San Francisco and moved to Portland, Oregon in March 2008. At the time, my business was strong. My line was growing and investing in my business seemed like the right move. My husband agreed and we invested a large portion of the profits from selling our house into my business.

I bought supplies and began production. When I bought the supplies, what I was making was legal to sell, but in August 2008, unbeknownst to me at the time, my life was taking a U-turn.

By November 2008 we felt the effects of the sluggish economy, but my business was still surviving and I felt optimistic about our future

Then I got the email: “if you make ANY products for kids, this law [CPSIA] affects you!”

I have to admit I ignored the first 20 or so emails, because I could not believe that my little sew-in-my-basement business was being forced into the same regulations as Mattel without any warning. As the days went on, and the number of emails I received grew, I realized my dream was crashing around me.

I called the lab, got the quote and did the math. CPSIA-mandated testing costs for my little product line was over $27,000 for just over $30,000 worth of product. I cannot express the horrible feeling I had when I realized that I had made a mistake that was going to cost my family all of our money. In the business world, companies recover. In my case, I WAS the company and what family can recover from a loss that huge? I was not only losing my investment, but I was also losing my source of income.

With the February 10, 2009 deadline to comply with the new lead standard only weeks away, the panic took over and I was fighting with everything I had to reach someone who would help make this nightmare go away.

I found a group of people nearby who were renting an XRF scanner, and I rented it for 24 hours. I tested every single item, every color way, every button style, every fabric piece, every color and style of trim…I tested in my tiny basement, next to my washer and dryer, for 15 hours. I was driven by a fear that I cannot describe. I needed to know that when I called every person in DC that I could think of, I could be certain that I had a product that was safe in March 2008 and continued to be safe, even though I did not have $27,000 to test my products to prove it.

I would wake up at 5am Portland time, to begin calling everyone imaginable in Washington, DC — any number I could find. I had never been politically active before and had NO IDEA how things worked. I genuinely believed that some Congressman would take my call and realize that a mistake had been made. I would start to tell my story, pacing between my washing machine and computer, crying to these aids who would reply “Thank you for your call. I will pass your message on.” I could just feel the rolling of their eyes and bored posture as I was begging them to let me talk to someone who could help me.

By 8 am, when my girls were up, I would be so emotionally drained and my spirit was crushed. I did this for weeks and it was truly one of the most painful times of my life.

The days passed, the fight went on. I would ask these aides and CPSC staffers “what do I do? Should I just throw it all away?” and their response would be “I cannot tell you what to do.” I was begging for help and they would only give me “I cannot tell you what to do.”.

Eventually the CPSC did issue some rulings that prevented my having to throw all my products in the garbage. However, these rulings were to few and too infrequent. CPSIA is going to doom my business. The testing costs, the paperwork, the liability and for what? Will my products be
any safer? No, instead there will be no products.

I have invested thousands of hours in trying to get the CPSIA changed to allow crafters – young and old – to continue their craft. The time I spent trying to bring common sense to the CPSIA was time I was not investing in my business. I was afraid to let up the fight because I was not seeing anyone else fighting for ME.

Where was my Senator, who told the crowd “folks, we did this for safety”?

Where was the ombudsman to help guide the way at the CPSC? (Surprise! There STILL is not a position at the CPSC to help the crafters, the stay-at-home moms who use skill and time to help feed their kids).

Where were the Congressmen who represent me and the seniors who have made SAFE children’s products for 50 years, and who can barely afford lunch and would NEVER be able to afford testing?

Who is looking out for the children who will learn from their mothers how to nurture their entrepreneurial spirit?

Last July I hit bottom. I had to turn my children over to daycare workers and join the work force just to keep us in our tiny rented house. My little business that helped us buy a home, that kept me at home with my kids to help them learn and grow, was no longer a safe investment of my time.

This is happening all across the county; women just like me, who are making safe kids’ products, are being forced to end their stay-at-home businesses. Mothers who want to obey the law, who are afraid of the consequences of NOT obeying the law, are making the choice to give up their dream to keep their children warm and fed.

We need a law that does not make us criminals. We MUST have a law that does not criminalize the old, young, and poor because they make safe products that they cannot afford to test.

On the second day of after-school care, I went to pick up my 5 year old daughter from school and the “teacher” pulled us aside as we were leaving. She said, “Jane had a tough day today, she did not want to be here. She wanted to be with her mom.” The “teacher” continued, “I am a grandmother and I know how to deal with this, so I took her by the hand and walked her to the mirror and said, ‘Jane, look at your face. Look at how UGLY you look when you cry.’”

I blame every one of the Energy and Commerce legislative staffers for the emotional injury to my daughter that day. She should be home with me, being raised by a mother who believes in the American spirit of hard work, integrity, and honesty.

She should be home with me while I continue my business of making safe children’s products.

She should be home with me, making pet rocks (illegal to sell today) and having fun making pom-pom animals with her mother – like the ones we used to sell at the local Saturday market.

My daughter is the CPSIA casualty of the week.

Blog post written by Jolie Fay, founder of Skipping Hippos clothing (www.skippinghippos.com) in Portland, OR and a
Board Member of the Handmade Toy Alliance

Read more here:
GUEST BLOG – Jolie Fay’s Story

CPSIA – "Low Volume Manufacturers" under Waxman Amendment

The proposed Waxman Amendment adds a new term to our CPSIA lexicon: “Low Volume Manufacturers” (LVMs). This term is introduced in the ironically-named Section 4: “RELIEF FOR SMALL MANUFACTURERS AND OTHER BUSINESSES”.

How small is “small”? The definition of a LVM is a manufacturer that

“(A) manufactured or imported no more than 2,000 units of all products manufactured by the manufacturer during the most recent calendar year; and (B) had gross receipts totaling not more than $200,000 during such year.”

To clarify, the definition intones:

“the products and gross receipts of a manufacturer shall be considered to include all products and gross receipts of each entity that controls, is controlled by, or is under common control with such manufacturer.“

Yep, THAT’S small alright. In other words, if you made or imported 2000+ units of anything regardless of value (all products added together) OR had gross receipts of $200,001 last year, you get nothing here. So, if you sold 3,000 Popsicle sticks for $50, you are out. If you sold 201 cabinets for $1,000 each, you are out. Only the true small fry are included here. Happy?

Hey, isn’t there some sort of federal definition of a “Small Business”? Yessir, the SBA publishes size standards to define Small Business. These federal standards are found in myriad federal legislation (shocking, right?). They are widely used – so why not include them here? That question was posed directly to the Dems – especially since earlier drafts of this amendment featured a higher dollar limit (also inadequate). Why did the Dems tighten the standard so much? Why not incorporate the SBA standards, like every other federal agency?

The best explanation I can give is that the Dems don’t really have any interest in providing relief to small businesses. They also may want to appear to give relief, principally to fool members of Congress who have expressed concern for the fate of crafters under the CPSIA.

Do you think I’m being too cynical? Let’s not forget the words of Senator Durbin’s associate a year ago: “I think you are right that the CPSIA imposes costs on businesses, and because of economies of scale it’s the smaller businesses that will feel these costs more acutely. This is part of a larger calculation that it’s worth the costs to shift from the old system of post-market correction (once a dangerous product is out in the market and leads to sick kids, recalls, lawsuits, etc.) to a new system of pre-market testing and certification (instead of just assuming products are safe and paying the price for false assumptions).“

She said it – small business problems induced by the CPSIA were part of a “larger calculation”. With this amendment, the Dems again test our gullibility.

The provisions relating to LVMs provide the following “relief”:

a. This provision is designed to provide modified requirements for LVMs under Section 14(d) of the CPSA, in other words, the long-delayed and never drafted “15 Month Rule”. For those of you scoring at home, the “15 Month Rule” is now four months late – call it the “19 Month (and counting) Rule”.

b. The “relief” that the CPSC can offer LVMs is “alternative testing requirements” that “provide for reasonable testing methodologies to assure certification based on compliance with the relevant consumer product safety standards”. The alternative methods must ASSURE COMPLIANCE. Can you picture what such “assured compliance” might look like? If these words have their normal English language meaning, the “relief” should be nil if compliance must be assured.

c. The CPSC has the right to implement such alternative testing requirements for LVMs on a product, product class or even for a specific safety standard or part of a standard.

d. NO relief is allowed for lead-in-paint, cribs, pacifiers, small parts, children’s metal jewelry, baby bouncers, walkers and jumpers and durable infant or toddler products (as defined somewhere). All of you LVMs, make a note!

Have you ever heard the expression “trap for the unwary”?

e. This provision also calls for the creation of an “Office for Business Education, Outreach, and Advocacy”. Since I called for such education resources in my first speech at the CPSC back in November 2008, I shouldn’t make fun of this. I just like the legislative goal of this organization: “assist the Commission in informing and educating manufacturers and retailers about requirements under this Act or any other Act enforced by the Commission”. This is much needed. Of course, given that you must master literally thousands of pages of gobbledygook to fully understand the CPSIA as implemented, I would DEFINITELY not want this job. If anyone calls about this opening, tell them I am at the dentist.

f. The provision adds an idyllic sounding provision (Section 4) to the CPSIA which states the pleasant intention to “cooperate” with LVMs “in enforcing the lead limits and third-party testing requirements”. Of course, all cooperation must be “consistent with [he] goals of statute”. In other words, you must be able to prove you comply. There are soothing words about assessing the practicability of tracking labels for these micro-businesses. [Remember that "practicable" incorporates concepts of economics .]

Shame that you and I won’t be eligible for tracking labels relief, too . . . .

This charade purports to provide relief to small businesses but in fact, will benefit virtually no one. Even the Handmade Toy Alliance, a CPSIA advocacy group created by crafters, has few members that would benefit. Notably, there are many more small businesses affected by this law beyond the HTA, so the failure to impact HTA members is just an indicator of how lame the proposed relief actually is.

The SBA sets a high bar in its definition of small business for several reasons (as high as 500 employees or $500 million in revenue). Among them is a fear that legal benefits for small businesses may be unfairly distributed if the definition is too narrow. Many small businesses could miss out on needed protections. Furthermore, the complexity of the U.S. economy makes it difficult to describe a small business. The high bar in the SBA definition leaves room for small businesses in every industry from airplanes to pencils to baby clothing.

The SBA certainly doesn’t want to disincentivize growth or prosperity among small businesses. They recognize that the small business community is a huge jobs creator, so maintaining its financial health is a public policy imperative. The SBA wouldn’t want small businesses to lose special legal benefits because of an immaterial event, like a small incremental sale. So a law that TAKES EVERYTHING AWAY when you sell one more unit of ANYTHING or take in one incremental revenue dollar (all at a very low level of sales that would not coincide with a fundamental change in the nature of your business) would never fly. Never fly with the SBA, that is. Mr. Waxman apparently thinks this is fine – but actually, it’s UN-AMERICAN. Our laws are supposed to encourage us to grow. At least they used to.

If there is one basic reason to be critical of this provision, it’s the very conceit of granting relief by business size. This misses the point of SAFETY entirely. Size of business only became an issue under the CPSIA because the law is too broad. Let’s not forget that the prior law had standards for products, not for companies by size. Why do we need size exceptions now?

Think about it – if your child is harmed by a product, will it matter how much revenue the manufacturer earned in the previous year? Do you think the CPSC wants to modify “safety rules” for little businesses only to find out that one of these businesses hurt your kid? Uh, no. So why take this legislative approach? It’s simple -the Dems have constrained the way we can fix the law. They have fixed, absolutely FIXED, the definition of “safety”. The original standards and the original age limits MAY NOT BE REVISITED. These rules are too broad and invite many negative consequences – but since the Dems will not agree to modify them, we must apparently devise ever more complex rules to circumvent (or apparently circumvent) the problems they cause. In this case, the Dems offer relief for tiny companies. Those of us who have enjoyed enough success to hire a few employees and stop working out of our bedrooms are ineligible for this “relief” although our problems are just as troubling.

I do not accept that there is no solution here, however any durable solution requires that the definition of safety be modified to something sensible. The Dems won’t allow it. This is their “legacy” and they are bound and determined to ensure that it survives, ridiculous or not.

That’s your small business relief. Enjoy!

I intend to publish one more post analyzing the rest of the Waxman Amendment. It will cover an exception to the phthalates ban for inaccessible components. It will also document the sneakiness of the remaining language in the amendment. You aren’t meant to understand it – but I will do my best to shed some light.

Sorry, Henry! Let the sun shine in.

Read more here:
CPSIA – "Low Volume Manufacturers" under Waxman Amendment

CPSIA – Why Do Dems Want to Ban Rhinestones?

Why indeed. The Democrats apparently have it in for rhinestones and are so uptight about this “menace” that they are willing to write an outright ban into the CPSIA, via Mr. Waxman’s new amendment. No more bling for you!

Have we finally entered the land of the looneys?

The Dems’ rallying cry on rhinestones goes way back. On September 10, 2009, Rep. Bobby Rush welcomed Inez Tenenbaum to the one CPSIA hearing since August 2008 by commending her for bravely banning rhinestones.

Let’s think about the basics here:

• Rhinestones are simple embellishments. They are found in inexpensive jewelry, on clothing and shoes, in craft kits, used in scrapbooking, are decorations on kids’ pageant and athletic costumes, adorn hair bows and barrettes, etc. They are bling.
• Rhinestones have no history of causing lead poisoning.
• Rhinestones are even okay to sell under the obnoxious Proposition 65.

Chairman Tenenbaum has conceded in writing that the stones are not dangerous: “Commission staff recognized that most crystal and glass beads do not appear to pose a serious health risk to children . . . .” Of course, CPSC Staff are just scientists and Ph.D.’s, not lawyers writing important laws.

Unfortunately, Tenenbaum recanted her stance in Congressional testimony on September 10, 2009. On September 17, I wrote a letter to Chairman Tenenbaum about her rhinestone testimony . . . but never received a reply. The letter asks her to back up her assertion in testimony that swallowing rhinestones presents a lead poisoning risk. This is an unsupportable contention and perhaps this is why my letter was never accorded a response. In particular, I made the following point about the literal “danger” of rhinestones:

“[T]he Exponent study submitted [by the FJTA] on February 2 indicates that the FDA has determined that six micro-grams of lead per day is required to produce a one micro-gram of lead per deciliter change in blood lead levels in children six years old or younger. Thus, to produce such a change in blood lead levels from jewels would require sustained daily ingestion of 12 grams of stones (roughly 4,000 stones or hundreds of pieces of jewelry) or mouthing of 42 grams of stones (roughly 14,000 stones or more than 1,000 pieces of jewelry). Clearly, this is unlikely to occur, particularly accidentally.” [Emphasis added]

As noted, Tenenbaum never answered this letter.

[See also my posts of July 21, July 21 (no. 2), September 10 and September 12.]

Of course, the natural ally of the Dems, the consumer groups, bang the drum mindlessly for banning rhinestones, too. In my September 20 post, I recounted the attack of Nancy Cowles on the rhinestones “menace”. Here is Ms. Cowles’ suggestion for those who value their bling:

“In an interview with BNA, Nancy Cowles, executive director of Kids in Danger, praised the commission’s July decision on fashion jewelry accessories. Cowles told BNA that lead is a severe toxin with no safe level. She added that while more common sense could be applied to determining which products are hazardous, consumers overall do not want products containing lead. ‘People will come up with other ways to put [jewelry] on children’s clothing that isn’t toxic. Whether the lead [in rhinestones] leaches out fully, it’s hard to know, but we don’t want lead in our children’s products. We will come up with other ways to decorate our clothes,’ Cowles said.”

It’s okay, they just want to protect you.

At this point, I have to ask – what on Earth happened to our country? How did we get to this point? I can’t say for myself, I don’t know how this kind of stridency and absence of BASIC common sense took over our nation. Politics no longer makes sense to me. In today’s New York Times, Senator Evan Byah blasts this theme as he explains why he is dropping out of the Senate after 12 years. It’s a depressing read.

More depressing still is how the Democrats are making such a mess of things and disillusioning so many people, myself certainly included. In yesterday’s Barron’s Magazine, the Dems’ ability to actually govern is questioned. That’s a “wow”. This small article details how Senator Max Baucus’ jobs bill (written in response to President Obama’s call for more economic stimulus), was gutted by Senate Majority Leader Harry Reid for “speedy” passage:

“So Reid selected four provisions that he believes all Senate Democrats and Republicans can agree on: tax breaks for small-business investment; more money for highway construction; expansion of the Build America Bond program, and a payroll-tax exemption for employers hiring someone who’s been jobless for at least 60 days. Speaker of the House Nancy Pelosi is openly opposing the payroll-tax exemption, a stance which has fiscally conservative Democrats near despair. ‘Democrats are in danger of demonstrating they cannot govern on the most basic level,’ a progressive Democratic party leader said last week.”

That’s right – the Dems are failing at the most basic level. The CPSIA saga and the politics/populism infecting CPSC leadership and policy these days are part and parcel of the same phenomenon. Rhinestones are this week’s victim. Who is next in line – you?

When are you going to say “ENOUGH”?!

Read more here:
CPSIA – Why Do Dems Want to Ban Rhinestones?

CPSIA – Massachusetts Speaks . . . Will Congress and the CPSC Listen???

On Saturday, the Washington Post published a poll indicating that three-quarters of Massachusetts voters wanted newly-elected Senator Scott Brown to work with Democrats to get Republican ideas into legislation in general. This note was picked up on Face The Nation yesterday, leading to very strong words from host Bob Schieffer:

“My own take is the vote for Brown was not so much a vote for or against policy or party, as it was a vote against the process itself. People don’t like the political games, and they’ve lost confidence in a bumbling bureaucracy that since Katrina can’t seem to get out of its own way. Why trust the government with a complicated health care proposal, when it can’t catch a terrorist whose own father tried to turn him in? It will take the perseverance of Job and a lot of political courage, but if the two sides could somehow pay less attention to the voices on the fringes of the left and the right, take the Massachusetts voters’ advice, and sit down together to see what they could agree on, who knows? They might get something done! They couldn’t do worse. They might even like it – and I don’t need a poll to tell me the rest of us surely would.” [Emphasis added]

Hmmm, Mr. Schieffer has a point. I hope that Congress and others are not so myopic to believe that this message is just about health care. The daily stress event of reading the front page of the paper confirms that vitriol is the new drink of choice for the Obama Administration. The CPSIA saga is another one of those acidic partisan divisions that led to voter revolt. It’s time to recognize that the process is a big part of the problem here.

The Brown election can be seen as a direct rebuke to the CPSIA process but the risk remains that the point might be missed by You Know Who, the CPSC Commission and other parties at interest. There is little sign of any contemplation on this point yet. The stridency is still there. For instance, BNA reported that some consumer advocates were jolly satisfied with the secrecy of the process to prepare last week’s report to Congress: “Rachel Weintraub, director of product safety and senior counsel at Consumer Federation of America (CFA), told BNA Jan. 7 that a public meeting is not necessary since the recommendations were made public once they were submitted.” I guess sunshine doesn’t work for consumer advocates all the time, especially if it might weaken their powerful grip on the CPSIA.

If the parties supporting the CPSIA have no room to compromise on anything and will twist into any pretzel-like shape to prop it up, we’re not going to get anywhere . . . and the anger of the voters will mount. The message from Massachusetts was loud and clear – to those that aren’t deaf.

Now we will see who was listening.

Read more here:
CPSIA – Massachusetts Speaks . . . Will Congress and the CPSC Listen???

CPSIA – Keeping Government Out of Children’s Products May Require Toxins

The Cadmium circus rolled on today with Senator Amy Klobuchar rushing to save America by calling for hearings on cadmium. Ms. Klobuchar must have been in quite a hurry to save America:

“Jumping on a report about toxic levels of cadmium in children’s jewelry from China, Sen. Amy Klobuchar is pushing for a hearing on the issue. Klobuchar, D-Minn., sent a letter Tuesday to Senate Commerce Committee Chairman Jay Rockefeller, D-W. Va., that says, in part, ‘this metal has no place in children’s toys.’” [Emphasis added]

Jewelry . . . toys . . . it’s all the same, isn’t it? Heck, when you’re saving children’s LIVES, these piddling details are merely the hobgoblins of little minds (Ralph Waldo Emerson must have been from Minnesota). If her heart is in the right place, who cares if she has any idea what she’s talking about?

Not one to let down her adoring public, Ms. Klobuchar shared some of her expertise on the CPSIA and toxins: “Citing [the CPSIA], Klobuchar wrote that although there are ‘currently no cadmium restrictions on toys and jewelry, cadmium is a poison and if ingested, can hinder brain development and lead to other health problems in children.’”

This is, strictly speaking, not true. Well, how can you expect Klobuchar to actually check a factual statement like this? She is one busy Senator, there’s no time for dilly-dallying. It’s not like she’s a lawyer (oops, she is!) or actually participated in writing the CPSIA (oops, she did!) and voted for it (oops again, she did). She probably even read the law at one time (oops . . .).

One of the brilliant changes put through by Ms. Klobuchar and her Congressional brethren in the CPSIA was the codification of ASTM F963 (Section 106 of the CPSIA), the formerly-voluntary standard of the toy industry. This document (it’s really long, don’t blame her for not leafing through it) imposes a requirement of not more than 75 mg/kg of cadmium in toys. The CPSIA even required the CPSC to examine the effectiveness of the ASTM standard within a year . . . and they did it without changing any requirements relating to heavy metals. But that was before the latest headlines.

Of course, Ms. Klobuchar was simply joining the fun along with Senator Schumer who introduced anti-cadmium legislation to save us, and Chairman Tenenbaum who encouraged people to rip jewelry off the necks and wrists of their kids: “We have proof that lead in children’s jewelry is dangerous and was pervasive in the marketplace. To prevent young children from possibly being exposed to lead, cadmium or any other hazardous heavy metal, take the jewelry away.” [Emphasis added] Joe McCarthy would have loved this free-for-all.

Even the AP is now scratching their collective heads. The same AP reporter issued a new article today puzzling over the panicked regulators: “When pressed, Tenenbaum’s spokesman Scott Wolfson explained parents should grab the trinkets and toss them. Just be sure to ‘safely dispose’ of the merchandise under applicable state and federal environmental law.” [When I read quotes like this, I think if there wasn't a Scott Wolfson at the CPSC, we'd have to make one up.]

The AP article carries on: “So what are America’s Moms and Dads to do? While neither Tenenbaum nor Wolfson would outright say not to buy cheap children’s jewelry, that inference was clear, too. A tough conversation around the kitchen table: don’t buy any new stuff, don’t give out any new stuff, don’t play with the old stuff. In fact, get rid of the old stuff, but in a manner that doesn’t risk putting toxins from the jewelry into the environment. And make sure you don’t go out and resell the jewelry through online auctions or to a thrift store, said Wolfson.” [Emphasis added] Wolfson has a way with words, doesn’t he? Reporters must love him . . . .

The AP sums it up: “So instead of focusing in on specific items, as a recall would do, the CPSC officials are taking on an entire industry. . . . [The testing for AP] only looked at 103 pieces of low-priced children’s jewelry — finding 12 items with cadmium content above 10 percent of the total weight. . . . Clearly, the CPSC is worried beyond those limited test results. Even during the height of product recalls from China several years ago — when millions of items of jewelry or painted toys with high lead levels were taken off store shelves — the CPSC did not issue such a public warning. Under the administration of President Barack Obama, and with Tenenbaum replacing commissioner Nancy Nord atop the agency, the CPSC is projecting a much more aggressive image.” [Emphasis added]

Cooool under fire! I think the CPSC isn’t going far enough. It is clear that we in industry do not measure up to our leaders’ high standards and expectations. Imagine having to wonder what will be in the paper every morning, the pressure, the angst. [If it's in print, it must be true - just ask the Zhu Zhu Pets folks.] So, to avoid all that stress, I recommend that the CPSC take the bold step to make everything illegal. We should be required to turn over all of our possessions to the government for safe disposal according to applicable environmental protection laws and then move, naked, back into the caves where things will be much safer. This should make things simple and besides, the enforcement and legal staff create NOTHING BUT WORK for the Commission. My heart bleeds.

But wait, that won’t make us safe just yet. Cadmium is in our food, in our water, in our air, in cigarettes, in batteries and fertilizers, in our workplaces – horrors! I just had an epiphany – Cadmium is so ever-present in our environment that it must be the cause for human mortality. There, I put that sentence in writing and published it – so it must be true. The CPSC therefore should ban food, water and breathing. It’s the only thing they can do to save the human race.

And I used to think we had too much government. You ain’t seen nothin’ yet, baby. . . .

Read more here:
CPSIA – Keeping Government Out of Children’s Products May Require Toxins

CPSIA – Regulation by Newspaper Headline

There was once a time when newspaper headlines did not immediately become law. Those golden days are seemingly a hazy memory, to judge from the swift and judgmental reaction to a recent AP story on cadmium in children’s jewelry.

PLEASE NOTE – This essay is not a defense of cadmium. That’s becoming a tiresome objection, frankly. Cadmium is bad, okay? Back to the story . . . .

The AP story, backed up by test reports that AP will apparently not release, prompted Senator Chuck Schumer to introduce legislation on Wednesday, two days later, to “stop it cold”. After an equally lengthy deliberation and careful consideration of the flimsy facts of this case, Chairman Inez Tenenbaum of the CPSC made this astounding announcement today:

“Because of these recent developments, I have a message for parents, grandparents and caregivers: Do not allow young children to be given or to play with cheap metal jewelry, especially when they are unsupervised.”

Whoa! Tenenbaum is saying that consumers should boycott ALL “cheap” metal jewelry now? Is she trying to put Claire’s Boutique and countless thousands of other small companies out of business entirely, all because of the unconfirmed accusations of an AP reporter about a handful of pieces of jewelry from a tiny number of sources? Within 48 hours, too? I think that’s irresponsible.

Yes, it’s irresponsible, but that’s the way this populist government of reactive politicians wants to govern. The Obamites are apparently shocked to discover that anything ever goes wrong, and if they ever find a single fly in the ointment, they then assume they are facing a broad scale assault. Hence, the immediate action to implement bans and cessations of trade.

Stop it cold, indeed – but what exactly is being stopped? Trade. Jobs. Futures.

Even worse, frankly, is the notion that this problem must be “solved” by legislation. While Senator Schumer was simply doing the usual, pandering for votes, where is it written that this problem is best resolved by Congressional action? [Let's put aside the niggling detail that some further assessment of the nature of this "dire" threat is appropriate before we take ANY action whatsoever.] Apparently, Mr. Schumer believes it’s his job to fix this problem and that in the absence of his decisive action, the rest of the government would fall on its face.

Umm, well, we used to have a federal agency for this very task, the CPSC. Okay kids, gather ’round, let me tell you about a long ago time when the CPSC has actual authority to assess risk and depending on its independent judgment, was entitled to draft and implement rules governing safety in the marketplace. Wasn’t that a wonderful time, kids?! Well, not anymore. Nowadays, apparently only Congress can exercise judgment. And that judgment is best exercised without the use of any scientific advice or reliance on the agency charged with the responsibility for safety administration.

Courtesy of the CPSIA, the CPSC is now a bureaucracy designed to serve the will of the politicians – determining what is safe (and what is not) is not their primary job anymore. Congress has no use for Ph.D.s or other people that actually understand science. With folks running the show like Chuck Schumer who apparently believe that an AP story is a perfect substitute for expert advice, there is no need for the CPSC to do anything other than fuel panic for Congress to assuage. Hence Ms. Tenenbaum’s shocking announcement today.

This is completely wrongheaded and will damage markets almost immediately. It’s all the more amazing because we have been here before, and paid the price with two years of chaos, misery and pain. The lessons of the CPSIA apparently weren’t learned, and to judge from the knee-jerk reaction to the AP story, it appears unlikely that this group of politicians (Democrats) and administrators are capable of ever mastering them.

Remember, I think cadmium is bad. But bad is no justification for legislation or rulemaking on the fly. This is not a sudden and life-threatening crisis. This metal, while undesirable, was probably in the market for years, all without poisoning large swaths of American children. The story of the little boy in Minnesota who swallowed a jewerly bangle and died (monotonously repeated by Senator Amy Klobuchar and now by Inez Tenenbaum), sad as it is, should be retired. I have no interest in seeing the children’s product industry put out to pasture just because of one accident.

Someday I hope we can restore some sense of proportion and restraint in safety administration. It can be done. . . .

Read more here:
CPSIA – Regulation by Newspaper Headline

CPSIA – Randy Swart Takes My Spot in PSL!

Read more here:
CPSIA – Randy Swart Takes My Spot in PSL!

CPSIA – Businesses Plan for the Final Days

With the February 10th stay on testing expiration rapidly approaching, the 15-month rules due on November 14 (expected to set deadly testing frequency requirements) and absolutely no relief on the horizon from a unfeeling, uncomprehending, resolutely unyielding Democratic Congress, businesses are left to fend for themselves. Consider the calendar: February 10th is only four months and ten days away. From that day forward, every item imported must be accompanied by a super-expensive CPSIA test report. Time is running out. This is a problem. For many products, the cost of testing ALONE renders them unprofitable. And this is on top of the high cost of tracking labels and other costs associated with the CPSIA. These new costs make obsolete many business models serving specialty markets like schools. [Btw I was told yesterday to be prepared to pay $35,000 to modify our warehouse management software system to fix ONE hole in our tracking labels accountability effort. ONE hole, not ALL the holes. Ah, it's just money, and money grows on trees, right?!] If you are a maker of products rendered unprofitable by CPSIA testing, you face ugly choices. Because many businesses run on a calendar marketing cycle, you may have to drop items mid-year after testing requirements kick in. Most dealers won’t forgive you for this. What to do? At this point, with so much uncertainty, businesses are struggling to answer this question. Planning is literally impossible. How can you address this major business planning issue set to mature in only 133 days if, for instance (as is true), no phthalates testing labs have been accredited yet and no final phthalate testing standard has been announced? Good question, darned good question. A common strategy to prepare for the Final Days is to top off inventory ahead of the testing requirement. Businesses are now scouring inventory records and ordering stock ahead of time to ride out 2010. This will be a mini-stimulus bill for China factories, giving them a boost in production if the American importers can find inventory financing from tired and scared banks. The upside to all this is that businesses planning ahead in this way will not have to torch dealer relations during 2010. This buys time as Congress continues to sit on its hands after gutting the business futures of countless small businesses. The next phase will be recovering from the shock of the Section 102(d)(2)(B) 15-month rule which is expected to require at least annual testing (or, as rumored, even more frequent testing, such as once per production run). After finalization of this rule, the jig will be up, and businesses will have to finally reconcile themselves to being put out of their markets once and for all. [Notice that this has nothing to do with safety, just gratuitous, thoughtless destruction of economic value and markets.] Specialty companies will face the prospect of either abandoning their specialty markets for mass markets (with smaller, less-specialized product lines), abandonment of children’s products altogether (this has happened widely in the Donated Goods industry and in apparel already) or sale/closure. The inventory top-offs going on now will allow businesses to wind up their current business plans in an orderly fashion. At demoralizing times like this, I like to think of the comforting words of a staffer of Illinois’ own Senator Dick Durbin (whataguy!): “I think you are right that the CPSIA imposes costs on businesses, and because of economies of scale it’s the smaller businesses that will feel these costs more acutely. This is part of a larger calculation that it’s worth the costs to shift from the old system of post-market correction (once a dangerous product is out in the market and leads to sick kids, recalls, lawsuits, etc.) to a new system of pre-market testing and certification (instead of just assuming products are safe and paying the price for false assumptions).” [Correspondence dated April 16, 2009] At least we know they meant for us to die. Comforting . . . unless you thought those guys worked for you, too. It’s nice to know we are living a purpose-driven life. We get to be sacrificial lambs to Senator Durbin’s master plan to keep everyone safe. Everyone, from the Senate to Henry Waxman’s House to the caring CPSC, should be SO proud!

Read more:
CPSIA – Businesses Plan for the Final Days

Next Page »