CPSIA – Happy Birthday CPSIA!!!

Can’t let a wonderful occasion like this go unnoticed – HAPPY BIRTHDAY CPSIA! Two years ago today, President Bush signed the Consumer Product Safety Improvement Act into law, giving vast new powers to CPSC and promising wondrous new levels of “safety” for children in our country.

And how much safer we have become! In my post “Numbers Don’t Lie“, I abstracted the injury statistics from CPSC children’s product recalls over the prior 11 years. I know from “someone who should know” that the CPSC does not tabulate injury statistics like this – so I am your only source even on the second birthday of the CPSIA. No matter, the spreadsheet indicates that there were 242 recalls of children’s products between August 14, 2008 and the end of my study, April 21, 2010. By contrast, there were a total of 657 recalls of children’s products between August 14, 2008 and the randomly-selected end of my study, March 5, 1999. The injuries associated with lead that proceeded the CPSIA were one death and two asserted injuries, and after the CPSIA – one asserted lead injury (in two years). [See "Numbers Don't Lie (Update No. 1)".] What an achievement! It’s so, soooo clear we need this tough new law. . . .

By the way, I don’t mean to be too “science-y”, but a reduction in lead injuries from one death and two asserted injuries in nine years to one asserted injury in two years is simply not a statistically significant reduction. And we must consider additionally that ALL of the injuries, before and after the CPSIA, were ASSERTED BUT NOT VERIFIED. So there may be ZERO recorded actual injuries – we just don’t know. This makes our health improvement objectives even fuzzier.

And the cost of the CPSIA “final solution”? Well, I have calculated that, using the HTA’s estimate of $5.625 billion in annual CPSIA compliance costs (which I believe is low and in any event was calculated before the CPSIA showed its hand on testing frequency – see below), the 11-year cost of compliance is a mere $61.9 Billion. Using EPA metrics for the economic value of a human life and one lost IQ point, and giving full credit to each of the three asserted but unverified lead injuries, I have calculated the cost of the injuries to be $6.1 million over 11 years. That’s pretty symmetrical, don’t you think? $62 billion in costs to save $6.1 million.

Spend $10,000 to save a buck. That sums up this era in a single sentence.

Oh, but it gets even better. In case you, or pick any regulator, are too dense to understand the implications of those numbers for the future prospects of the children’s product market, the CPSC has recently published a rule for comment on testing frequency and “reasonable testing programs”. This rule was due on November 14, 2009 (hence the “15 Month Rule”) but was delayed because the CPSC understood the rule’s potential to literally kill all small businesses in this market. [That would include our business, btw.] So they held a two-day workshop in December 2009 to hear ideas and industry concerns and then spent months crafting the rule. This rule has been in the works for two years now. You have to figure they’re serious.

The CPSC was kind enough to illustrate the costs our business can expect under their sparkling new rule. So I broke out my trusty calculator (again – too math-y? too science-y?) and determined that they intend for us to spend a mere $10,000 per item per year in testing. This includes destroying 54 samples of each item in the process of testing. Anyhow, think of how many products you make – and multiply by $10,000. That’s your annual testing bill now.

Drum roll, please . . . our bill will be a mere $15 million per year! Pretty exciting to get off so easy. No doubt our bankruptcy will make American kids safer. Of course, I am pretty sure it won’t make them any smarter – our educational products will cease to exist. Then, of course, their ignorance of math and science might qualify to run the CPSC. There’s always a bright side to tragedy and catastrophe, I suppose.

It is worth a passing note that this is my 490th blogpost on the CPSIA and its terrible effects. I have submitted comments letters by the bushel basket, testified numerous times at the CPSC (often at their request), testified in front of Congress, been on national TV and radio, wrote Op-Eds and been featured innumerable times in various publications, held a rally on Capitol Hill, met with Commissioners, Congressional staffers and members of Congress, and so on. The CPSC’s actions are not being taken in ignorance. They are being done in the face of reason. This is not partisanism – this is “know nothing-ism”.

So Happy Happy Birthday, CPSIA! Your work is not done, unfortunately. Our company is still breathing.

Read more here:
CPSIA – Happy Birthday CPSIA!!!

CPSIA – Additional Data on Phthalates re 60 Minutes

The 60 Minutes report notes increased incidents of hypospadias, a birth defect affecting male sexual organs. Certain studies have linked this defect to phthalates, fanning the fears responsible for the noxious CPSIA. In the segment, a Dr. Howard Snyder of the The Children’s Hospital in Philadelphia cites a “three-fold increase” in hypospadias in live male births in the last “30-40 years”. Dr. Snyder “suspects” that phthalates is the “something” that is interfering in the womb with the production of testosterone leading to hypospadias. He highlights studies that “seem to point to” phthalates as the cause of low sperm counts and other ills in adult males. Thus, the link to hypospadias, or so he says.

Time to panic?

Well, before you move back into the caves, please consider this May 2009 study published in the Journal of Urology on the incidents of hypospadias in New York State from 1992-2005 (previously posted in my blog one year ago). The purpose of the study was described as follows: “Recently there has been concern that [certain male sexual organ] abnormalities described in animal studies may also be present in humans. To determine if hypospadias rates are increasing, we retrospectively reviewed the total prevalence of hypospadias in New York State from 1992 to 2005, categorized by maternal age younger than 35 years and 35 years or older.” [See also this George Mason University analysis.]

You will be interested to know that one of the four authors of the Journal of Urology study is Dr. Sarah Lambert – of The Children’s Hospital in Philadelphia, apparently one of Dr. Snyder’s co-workers.

The authors conclude:

“Hypospadias rates have NOT changed in New York State from 1992 to 2005. Additionally advanced maternal age continues to be a risk factor for hypospadias. Combined with previous studies that demonstrate sperm counts are NOT declining, these data suggest that the testicular dysgenesis syndrome described in animal models may not be evident in humans.” [Emphasis added]

One of the authors noted the significance of this study: “These studies break the link between the purported cause — phthalates — and their presumed effect — impaired male reproductive health, says Dr. Harry Fisch, director of the Male Reproductive Center at NewYork-Presbyterian Hospital/Columbia University Medical Center and professor of clinical urology at Columbia University College of Physicians and Surgeons. ‘It’s all in the data,’ says Dr. Fisch. ‘For one, the entire method of collecting data on birth defects has changed. Statewide surveillance of birth defects has become the norm. This calls into question the value of the older data. Second,’ he adds, ‘we can’t assume that these chemicals are harmful at low, environmentally allowable levels just because we’ve seen high rates of exposure to phthalates in utero have been linked to hypospadias in animal studies.’” [Emphasis added]

Dr. Snyder seems to have overlooked some of these points.

The author of the study goes on to point out the obvious: “‘Environmental chemicals need to be regulated,’ says Dr. Fisch, ‘but policies should be based on science, not fear.’”

What, is he crazy? Who ever heard of regulating based on SCIENCE, NOT FEAR?! Some people . . . .

Memo to Senators Feinstein and Boxer: Given the fear that the increasing age of birth mothers today may be linked to rising birth defects, perhaps you should regulate when mothers can conceive children. This would be yet another great regulatory innovation from California. Groundbreaking!

Anyone think that’s too much government intrusion? Mr. Orwell, any thoughts? Darn, we all threw out our copies of “1984″ because we couldn’t be sure they were produced with lead-free ink.

This makes my head hurt. Wouldn’t it just be easier to drive the children’s product industry into bankruptcy? That’s probably a better way to deal with hypospadias.

Read more here:
CPSIA – Additional Data on Phthalates re 60 Minutes

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

Read more here:
CPSIA – Congressional Eager Beavers Push Anti-Cadmium Law

CPSIA – Does the CPSIA Cause Birth Defects?!

BBC News published yet another study of phthalates this week in which stress hormones were fingered as a source of birth defects. In particular, the study focused on those ailments which obsess the concerned citizens of America, the all-too-common “cryptorchidism” (the testes fail to drop) and “hypospadias” (the urinary tract is not aligned). Who among us doesn’t know TEN PEOPLE with each of these problems?!

Here’s a few quotes to chew on:

“Dr Mandy Drake, from Edinburgh University’s centre for cardiovascular science, said: “What the study shows is that it is not simply a case of one factor in isolation contributing to abnormalities in male development but a combination of both lifestyle and environmental factors, which together have a greater impact.” [Come on, guys, you don't expect us to believe that, do you?!]

“‘In most studies reproductive disorders are only seen after abnormally high levels of exposure to chemicals, which most humans are not exposed to. Our study suggests that additional exposure to stress, which is a part of everyday life, may increase the risk of these disorders and could mean that lower levels of chemicals are required to cause adverse affects.’ The study looked at male fetal development in rats. It found that while exposure to the chemical compound dibutyl phthalate, found in products including glues, paints and plastics, had some effects on reproductive development, this was significantly increased with simultaneous exposure to stress hormones.”

In other words, phthalates may be much less of factor than stress in causing birth defects. What might induce stress while in utero? Well, how about scare tactics by politicians, media and consumer groups? How about their never-ending daily assault on the dangers of modern life? The regular appearance of articles questioning all the basics in our life, the accusations of hidden dangers lurking everywhere. In particular, for a pregnant woman (emitting the stress hormones to the in utero baby), the worrisome impression that the trusted baby products she bought from the trusted ocmpanies she has known for so long . . . can’t be trusted. That’s some serious stress.

And a likely source of such stress hormones today is the CPSIA. This study then lends credence to the proposition that the greatest threat to the health of our nation is Congress! The stress induced by the confidence-sapping CPSIA is apparently causing birth defects, and now we have a study to prove it.

It’s time to sue Congress for this tort, and to pass legislation outlawing these stress hormone-inducing scare tactics. While we’re at it, we might as well change the CPSIA, too. For good for future babies, we have to finish the job once and for all!

Read more here:
CPSIA – Does the CPSIA Cause Birth Defects?!

CPSIA – Must Read in the Denver Post

Let me say, here and now, that if I am chosen for next year’s committee, THIS GUY gets my vote for Nobel Peace Prize in 2010!

Opinion

Harsanyi: They’re tragically delicious

By David Harsanyi

Posted: 10/14/2009 01:00:00 AM MDT

How can Americans be expected to wrestle with the myriad of dangers that confront them each day? Insalubrious cereal? Unregulated garage sales? Pools of death? Sometimes it’s too much to process.

You know what we are desperately crying out for? An army of crusading federal regulatory agents with unfettered power. Who else has the fortitude and foresight to keep us all safe?

Mercifully, as The Washington Post recently reported, many of President Barack Obama’s appointees “have been quietly exercising their power over the trappings of daily life . . . awakening a vast regulatory apparatus with authority over nearly every U.S. workplace, 15,000 consumer products and most items found in pantries and medicine cabinets.”

If there’s anything Americans are hankering for in their everyday lives, it’s a vast regulatory apparatus. Hey, it’s dangerous out there.

That’s why the new chairman of the Consumer Product Safety Commission recently unleashed 100 agency inspectors to investigate whether or not swimming pools in America were equipped with a drain cover to prevent children from entrapment.

Nearly 0.9 children fall prey to this sadistic killer each year. With the compassionate guidance of federal officials, we will almost surely see this number plunge to 0.8 children per year.

It should be noted that each tragic year that passes by, an estimated 300 children under the age of 4 drown in swimming pools. Why our government sits idly by as this watery assassin targets
the most vulnerable among us is a mystery.

Don’t get me started on food. Washington will not rest until every one of our children is forcing down some gravel-based Mueslix after morning calisthenics in the name of a glorious preventive care revolution. I get it. They’re fat.

This is why I am grateful that one courageous soul has finally stood up to the menacing influence of Big Cereal. Yes, Food and Drug Administration commissioner Margaret A. Hamburg has had enough of deceitful infiltration of Cheerios, demanding that General Mills cease and desist a marketing campaign that peddles the fallacious claim that the oat-based cereal can lower cholesterol.

Why stop with oats? Trix are not only for kids, you know. Lucky Charms are nowhere close to being “magically” delicious.

What Lucky Charms does do is perpetuate the stereotype that the Irish are a bunch of oft-inebriated jerks — which everyone knows is only true about 70 percent of the time.

Isn’t there a statute we can pass in Congress to end the hate?

Then again, it’s not only those scheming Irish that are hawking their wares — unregulated — on concrete suburban driveways and inner city thrift stores across this country.

The “Resale Round-up,” launched by the CPSC, finally limits the power of these merchants of death who recklessly barter second-hand toys to unsuspecting civilians at low prices. Consider that Tonka truck — the one that you somehow outlasted — contraband. If not, you could be fined thousands of dollars.

The only question now is how did any of us survive this long?

Michael Livermore, executive director of the Institute for the Study of Regulation at New York University Law School, points out that “In the Bush administration, the problem was that the political folks were hostile to the mission.”

It is no surprise that Bush administration — a close second to Big Cereal in wickedness — was hostile to regulating the rhinestones on your kids’ denim jackets. Apparently the depths of its depravity knew no bounds.

The mission? Simple. Keeping you safe. Because everyone knows that parents aren’t equipped to keep their children safe until a bureaucrat explains exactly how it’s done.

And those parents who are neglecting their children’s safety, well, they always care more once government gets involved. Right?

E-mail David Harsanyi at dharsanyi@denverpost.com.

Read more here:
CPSIA – Must Read in the Denver Post