Comments on: CPSIA, continued

By: Deputyheadmistress

Deputyheadmistress — Fri, 23 Jan 2009 02:59:35 +0000

The Times has written about it. They were all in favor of it:
http://www.nytimes.com/2007/10/31/business/31consume.html?fta=y

By: Walter Olson

Walter Olson — Fri, 23 Jan 2009 00:41:41 +0000

Excellent point about the Times; it's very hard to get high-ranking media to treat a story as real if the Gray Lady refuses to acknowledge it. And it's just bizarre that it hasn't done so, given its efforts to play an important role in coverage of the design and apparel businesses, as well as law and governance. I've noted the point in a more recent post.

By: CPSIA: Part II at Forbes.com

CPSIA: Part II at Forbes.com — Fri, 23 Jan 2009 00:00:18 +0000

[…] as my earlier piece on CPSIA was going to press last Friday at Forbes there came a new development: Reps. Henry Waxman (D-Calif.) and Bobby Rush (D-Ill.), who sponsored the law and […]

By: Amy Hoffman

Amy Hoffman — Fri, 23 Jan 2009 00:00:11 +0000

This is a copy of what I wrote to The New York Times:

The childrenswear clothing, accessory and footwear industry is in a state of turmoil and on February 10,2009 it will crash! The industry as we know it, will be gone. The new CPSIA law that is to go into effect on that day will create havoc. Mostly the small to mid size companies will disappear- and the New York Times has never once written about it. That’s what makes it very scary!! No one realizes the impact that this law will have if it goes into effect as it is written , will do to this already suffering economy- and the New York Times has never written about it. The certification required is a very costly and time consuming process. When third party testing will be required in August- the delays and additional cost to manufacturing will be unmanageable. I am an independent sales representative in the kids clothing business in New York. I have been in the business for over 20 years. My manufacturers and I were at a trade show at the Javits Center in January- we heard about this new law by word of mouth!!!! It is a law that doesn’t make any sense and we need your HELP!!!! Small to mid size manufacturers and other kids reps across the country have been communicating, signing petitions, etc- doing everything we can. We need the help of the New York Times-NOW!!! Time is of the essence. If this law stays as it is written not only will thousands and thousands of people be out of business- but the ripple effect it will have on this economy will be unbelievable. Add that to our economic turmoil that we are already experiencing and who knows what will happen. The stores in California are already aware of this new law- but on the east coast and basically the rest of the country- not many stores are aware of it. I am so surprised that this issue has not been written about by your paper.

Amy Hoffman

By: CPSIA employee whistleblower provisions

CPSIA employee whistleblower provisions — Thu, 22 Jan 2009 14:32:25 +0000

[…] if all the other problems with the law were not bad enough, Common Room notes that its provisions conferring new […]

By: Md

Md — Thu, 22 Jan 2009 07:51:09 +0000

I want to thank you for drawing attention to this and writing the article at Forbes. It has been one of the best sources of information we have been able to pass along to people who don’t know about this.

I don’t myself create products which are intended for children but could easily fall under the overly broad law of what “appeals to children under 12”. We’ve asked and been given no guidance on what the law actually applies to, so those of us not making children’s items are wondering if someone will report us for selling something cute or whimsical intended for adults. Children’s books authors and illustrators and publishers are worried and having to hold on projects and proposals.

By: Susanna

Susanna — Tue, 20 Jan 2009 22:33:56 +0000

Thank you so much for this wonderful article.
First- In addition to Ron Paul voting against this, in the Senate Jon Kyle, Thomas Coburn and Jim DeMint also voted against it.
I’m not sure if you are aware of this:
Nancy Nord opposed the CPSIA. As I read those older news reports, it is clear that she and the Bush administration were lambasted by the media at the time who accused them of wanting children to die from lead poisoning. Also, Nord issued a statement in November last year saying that the law would only apply to toys made AFTER the Feb. deadline, BUT Congress chastised her and said that the intent of the law was specifically to address all toys made both before and after the Feb. deadline. Please see this: http://feinstein.senate.gov/public/index.cfm?FuseAction=NewsRoom.PressReleases&ContentRecord_id=d0d33ee4-99d6-0810-e314-efbf79ace102&IsPrint=true
I think that would explain why the CPSC’s latest letter to consignment and thrift stores seems like double speak.
From my point of view, the CPSC is damned if they do, damned if they don’t. (don’t forget to check out all the you tube videos of the hearings on this law with Nancy Nord to see what I mean)
Congress is trying to pass the buck and make Nord look like the bad guy, when the truth is she proposed a more reasonable law in the first place.
It seems clear to me that the current Congress really has no agenda other than making themselves look good. So, while we bang on their doors and force them to listen, lets just ignore their attempts to crucify Nancy Nord. If that’s what they have to do to get this law changed, well then I think that says something about their character, but at least the law will get changed. In the meantime, I will send positive thought’s Nancy Nord’s way and write her a nice note.
And in the next election- I’ll be voting third party. 🙂

By: Kris Ivie

Kris Ivie — Tue, 20 Jan 2009 17:58:08 +0000

What bothers me is that congress constantly complains about the judiciary trying to “legistlate” by “interpretting” the law differently than it’s written. Their answer to a law that allows no interpretation allowing for the exemption of certain products is for an “executive” agency to interpret it differently. The CPSC can claim to “allow” these exemptions, but the law also gives the authority to enforce the law to the 50 state attorney generals’ offices. There is no guaranty that they will be willing to “interpret” the law to exempt second hand stores since no wording in the law allows for this interpretation or bestows any special regulatory power to the CPSC to make those changes. Congress is trying to save face and scapegoat the CPSC. The only legal and constitutional way to change this law is if congress passes an amendment either granting the CPSC the right to make exclusions or clarifying what is and is not considered “safe” or exempted from the testing. I also don’t like that by giving second hand stores an exemption it becomes the responsibility of the consumer (and therefore legal liability) to prove or disprove that a product is safe. I don’t think anyone is going to spend thousands of dollars to test the $1 toy they bought at the second hand store to make sure it doesn’t have any lead in it. What happens when a child does get sick and it does get traced back to a toy bought at a second hand store? Doesn’t that mean that the law “failed” to protect the consumer and that the CPSC was negligent in their responsibility to enforce the law “as written”.

By: David Townsend

David Townsend — Tue, 20 Jan 2009 12:17:28 +0000

Follows the rule which we observe on our side of The Pond. Any law that is passed with all-party support is automatically going to be bad law.

By: Tristan Benz

Tristan Benz — Tue, 20 Jan 2009 06:31:03 +0000

First – Karen – how bright you are! I love to see folks picking up on the ‘little things’ like that – brilliant.

Second – it’s clear to all with a mere grain of common sense that this is a train wreck. While one side of my brain is fixated on arming myself with knowledge, the other side is trying to figure out how to arm enough people with the appreciation of how significant this is (on so many levels) and just how important their voice is to heading off an absolute disaster created by folks we citizens have given the right to legislate “on our behalf” in the first place.

As here we see the three bears, my mind’s eye sees my children’s video version of Horton Hears a Who – unless and until the smallest of voices join in the chorus of outrage, to rail against the insanity of this irresponsible law-making, I can’t help but wonder, how will Whoville ever be heard? For every mompreneur like myself who is getting involved, there must be thousands that haven’t spoken or taken an action…

Thanks for you work on this – you really are my hero here Mr. Olson – I look forward to reading more updates and sending more folks over to read your work and get inspired to get involved.

Tristan Benz