Archive for January, 2009
The CPSIA (Consumer Product Safety Improvement Act) arms are reaching further and further …causing a huge impact on business and consumers. It’s like a Giant made of rubber…its arms just keep stretching further and further causing havoc on every person in the US. Why? Because the CPSIA, a law that stems from the 2007 toy lead scare, is mandating new lead testing requirements on EVERY product that may come in contact with children 12 and under. Basically our government is going to force us to buy our goods for children 12 and under, only from those manufacturers who have enough money to comply to the standards…and we all know who those are. This law says that products made for kids 12 and under cannot contain no more than 600ppm of lead beginning February 10, 2009. And, on August 14, 2009 that limit drops to 300ppm.
Sounds like a pretty good law right? Well it would if it was more clear on which products and/or who exactly has to comply. Let’s face it..no one wants to see lead in toys or anything else for that matter. But you see, it’s the way the law is written that is the big controversy. Because it fails to indicate specific concerns, and because it is requiring the new lead standards be retroactive to existing inventory come February 10th, it generally involves nearly EVERY company who makes or sells ANYTHING for kids 12 and under.
So who will it affect? Those who make or produce the follow are just a few who will be affected.
- fabrics
- buttons
- zippers
- snaps
- yarn
- books (reading books, school textbooks, and even libraries- public & school)
- inks & dyes (for paint, pens, and books)
- apparel (shirts, jackets, pants, school uniforms, sports uniforms, socks, pajamas, shoes, under clothing etc..)
- sporting goods (football helmets, megaphones, bats, balls, gloves, rackets, etc…)
- handmade items of any kind (dresses, skirts, shirts, blankets, hair bows, costumes, & toys)
- bicycles
- fitness equipment
- playground equipment
- electronics
So you may be thinking how does that really affect me? I’m not a manufacturer. Well because the law is retroactive, meaning come February 10, 2009 if all current inventory hasn’t been cleared with testing based on the new lower limits of lead, that inventory is to be considered hazardous and recalled or destroyed. And, this is not just inventory on the shelves of manufacturers it also applies to stock sitting on the shelves of retailers too. Many small manufacturers are finding it costly to test current stock. While they are willing to do what is necessary to start testing new production, testing current stock that has already been made in accordance with the existing law and much of which doesn’t contain lead, will be a time consuming effort as well as a costly one. Small businesses who cannot afford this testing will close up shop. And even those manufacturers who can comply to the law come by February 10, 2009, come August 14, 2009 they have more strict requirements and will have to test using a certified 3rd party lab. This type testing will destroy many safe products in the testing process plus double or triple the budget of manufacturers who are already performing rigorous testing procedures.
And, the book industry ..well that’s a whole different problem in itself. Because public, school and museum libraries provide books for children under the age of 12, and hold "stock" they too are being required to comply to the new law. You may be thinking..well they don’t "make" anything. Right, but they do hold current inventory that is handled by and used by children 12 and under. They will be required to test books sitting on shelves in your libraries or ban them from all kids who are less than 13 years of age. Can you imagine the impact this will have on our school system especially those who provide textbooks to students? Now do you see how it will effect everyone? The law as it is written says "ALL products". Now just sit for a minute and think of all the things children play with or use.
Manufacturers are not the only ones who will have to do this testing. It will be any company, large or small who takes manufactured component parts (say..a button, zipper, fabric) and makes a "finished" product like a dress. The law is mandating that "finished" products have to be tested as well. Thus creating a double testing requirement, that will ultimately drive some businesses, craftsman, artisans and those who make handmade clothing and toys out of business. All while increasing the cost of those goods that will remain available.
End the end who pays? We do…the consumer, as costs for products will rise to offset the extra cost of testing, and more jobs will be lost due to the inability of some companies to comply. Basically our government is putting the burden of regulation on us, and treating us as if we are guilty until proven innocent. It’s the CPSC’s responsibility to address the concerns of those businesses who are gravely going to be hurt and it has taken an huge movement all across America to get them to listen. The deadline for the law’s start date is just around the corner and even with a couple of weeks delay after its implementation it will start to close the doors of many. The CPSC should figure out a way to keep our kids safe without devastating our economy anymore than it already is. And the quicker ..the better!

Latest commentary about the CPSIA by Paul H Rubin of Forbes.com gives insight as to how such a devestating law could have passed.
"How could a law with such harmful unintended consequences have been passed? Based on my experience as chief economist of the CPSC in the 1980s, I can provide some insight about the safety regulation process. The agency has an internal process for identifying risky products. It involves epidemiologists and economists, as well as information from a national sample of hospitals that report injuries. Thus, there are formal procedures for identifying the most pressing risks posed by products people buy and use.
Periodically, however, some hazard becomes the subject of a news report and, subsequently, the subject of mass hysteria. In the office, we called these "headline hazards." When a hazard becomes a hot news story, all analysis is ignored and frantic efforts are made to correct the hazard. Clearly that’s what happened here."
I couldn’t agree with him more. Read Entire Article Here
Today the CPSC posted videos of the meetings held on January 22, 2009, with children’s apparel and book industry representatives to discuss the concerns on how the CPSIA will affect the production of children’s books and clothing and how it will impact city, school and public libraries throughout the nation.
Apparel & Footwear Industry: http://www.cpsc.gov/about/cpsia/apparel.html
Book & Publisher Industry: http://www.cpsc.gov/about/cpsia/publishers.html



