Comments on: Apple iPhone: environmentalists pile on

By: Confused by new CPSIA laws? I am! Do you sell anything to kids under 12? - Page 21 - T-Shirt Forums

Wed, 08 Apr 2009 06:45:06 +0000

[…] of resulting fines. See Rite Aid above. CEH – Valentine’s Day Toys Found with High Levels of Lead Apple iPhone: environmentalists pile on CPSIA: What will be enforced? Have not even mentioned the new label and tracking law that will go […]

By: Shopfloor » Blog Archive » CPSIA Update: Ambiguous Enforcement, Certain Disruption

Sun, 08 Feb 2009 14:37:53 +0000

[…] From Walter Olson, Overlawyered: Since the CPSC cannot be sure of having the last word — its attempt to carve out an exemption for pre-Feb. 10 phthalate inventories was just struck down — it would be incautious for producers or retailers to rely overmuch on its policy pronouncements, especially since, while it obviously has some discretion over its own enforcement efforts, it cannot prevent others (like state attorneys general) from bringing their own actions. One of those state AGs, Richard Blumenthal of Connecticut, just issued a press release crowing over the consumer groups’ phthalate victory and warning retailers, thrift stores presumably included, that “My office will take whatever steps are necessary [emphasis added] to ensure this phthalate ban is enforced.” (Note that while the phthalate ban was often argued for on the basis of the “precautionary principle” — even if no actual harm to humans has been proved, shouldn’t we alter the formulas for making the items to be safe rather than sorry? — Blumenthal & co. now seek to redefine millions of existing playthings in American homes as “toxic toys”.) It should be noted that private activist and lawyer groups often shop potential cases to state AGs’ offices, and in turn are made monetary beneficiaries of resulting fines and settlements (more on California’s CEH here). […]

By: CPSIA: What will be enforced?

CPSIA: What will be enforced? — Sat, 07 Feb 2009 20:05:58 +0000

[…] First, a bit of background. In a February 4 post, “The Blame Game“, Rick Woldenberg has laid out the “noose-like” tightness with which the drafters of the CPSIA sought to prevent the CPSC from granting exemptions from the standards; it also provided that liability under the law would not be suspended just because a request for exemption was under consideration. In short, the CPSIA is so drafted as to place many advantages in the hands of consumer groups or other litigants who might wish to challenge an exemption in court. Since the CPSC cannot be sure of having the last word — its attempt to carve out an exemption for pre-Feb. 10 phthalate inventories was just struck down — it would be incautious for producers or retailers to rely overmuch on its policy pronouncements, especially since, while it obviously has some discretion over its own enforcement efforts, it cannot prevent others (like state attorneys general) from bringing their own actions. One of those state AGs, Richard Blumenthal of Connecticut, just issued a press release crowing over the consumer groups’ phthalate victory and warning retailers, thrift stores presumably included, that “My office will take whatever steps are necessary [emphasis added] to ensure this phthalate ban is enforced.” (Note that while the phthalate ban was often argued for on the basis of the “precautionary principle” — even if no actual harm to humans has been proved, shouldn’t we alter the formulas for making the items to be safe rather than sorry? — Blumenthal & co. now seek to redefine millions of existing playthings in American homes as “toxic toys”.) It should be noted that private activist and lawyer groups often shop potential cases to state AGs’ offices, and in turn are made monetary beneficiaries of resulting fines and settlements (more on California’s CEH here). […]

By: Greg Dwyer

Greg Dwyer — Wed, 17 Oct 2007 13:51:41 +0000

When I clicked to read the first news story, I got an iPhone pop-up ad. Irony

By: mojo

mojo — Wed, 17 Oct 2007 12:43:22 +0000

If you go to the California DOJ Prop65