New at Point of Law

Things you’re missing if you aren’t checking out my other site:

Iowa federal judge hits EEOC with $4.5 million attorney fee award over “sue first, ask questions later” litigation strategy;
Jim Copland continues his weeklong blogging of Trial Lawyers Inc.: K Street with posts on the plaintiff’s bar’s Washington, D.C. presence (with discussion of CPSIA, employment litigation, qui tam, and arbitration, among other topics); state lobbying; and public relations, including legal academics, the media, and consumer groups;
Hmm: House committee conveniently subpoenas Toyota defense documents that plaintiffs had been seeking to unseal (and more on Toyota);
Obama administration plans crackdown to make more employers reclassify independent contractors as employees;
Trial bar stirs pot in Florida politics;
Feds swoop down on 2003 settlement to demand that parties reimburse Medicare as provided by retroactive law.

Filed under: arbitration, CPSIA, CPSIA and Congress, EEOC, Florida, loser pays, Medicare, on other blogs, politics, qui tam, retroactive, subpoenas, Toyota, trial lawyer earmarks

New campaign to overturn CPSIA dirtbike ban

The Motorcycle Industry Council feels momentum is now on its side in its effort to re-legalize youth motorcycles and all-terrain vehicles, which flunk CPSIA’s ban on lead-containing alloys. [MotorcycleUSA.com] More background here and here.

Filed under: CPSIA, CPSIA and Congress, CPSIA and minibikes, Henry Waxman

Handbags grabbed off shelf turn out to contain $35,000 each

In legal settlements, that is, thanks to California’s Prop 65 [Cal Biz Lit] We’ve met the Center for Environmental Health before here and here.

P.S.: Bounty-hunting for lead residues has “sort of become big business in California” [Jennifer Taggart, quoted in the Washington Post]

Filed under: CPSIA, Prop 65

CPSIA and the needle arts

Overlooked from a couple of months back:

The National NeedleArts Association (TNNA) recently sent a letter to members about how the U.S. Consumer Protection Safety Improvement Act (CPSIA) of October 2009 directly affects how the needlework and crafts industries sell their goods, particularly to children.

“We cannot suddenly say that our products are ‘not for use by children 12 and under’ and still try to teach children to knit, crochet, needlepoint and cross stitch,” states the letter, which was sent by TNNA’s five-member CPSIA committee. “We can’t say children 12 and under are only allowed to use certain tools but not others and still expect them to take needlearts seriously. We must involve ourselves and our businesses in the effort to amend this poorly written, misguided legislation and keep it from destroying our businesses.”

The CPSC has promulgated exemptions for simple textiles and some other materials, which has certainly been better than nothing, but many other innocuous tools and materials used in needle crafting must be either kept off limits to younger crafters or put through onerous testing regimens. [Positive Yarn]

Filed under: CPSIA, CPSIA and apparel/needle trades

Let’s all panic over cadmium in kids’ products

Or actually let’s not, since there’s no indication anyone has been hurt [Washington Post “The Checkup” via AmendTheCPSIA, more; earlier]

Filed under: CPSIA

CPSC reports to Congress on CPSIA

The full report is here (PDF); the commission’s Democratic and Republican members managed to reach consensus on enough points to allow for a bipartisan report. AnimalsBall1c Deserving of particularly close attention are the supplementary views (also PDF) by Commissioners Nancy Nord and Anne Northup, and Northup appends to her remarks many letters from those whose businesses are being ravaged needlessly by the law. The same two commissioners also blog on the subject.

As Nord observes, the full CPSC report:

* acknowledges that the agency needs additional flexibility to implement the lead provisions of the CPSIA, though it does not address how that flexibility should be crafted (since we could not reach agreement on that point);
* acknowledges that books probably were not intended to be regulated under the CPSIA and suggests that Congress may want to consider addressing this issue;
* recommends that the retroactive nature of the law be repealed as the lead limits move from 300ppm to 100ppm; and
* outlines the efforts the agency has made to date to assist small manufacturers and artisans in complying with the CPSIA and states our willingness to work with Congress to address the problems small manufacturers continue to face.

The Handmade Toy Alliance has published some reactions from Rob Wilson as well as its own recommended changes to the law, as has Rick Woldenberg.

Alas, the commission was not exactly a model of transparency in its deliberations: its majority turned down requests from Commissioners Nord and Northup for it to open its debate to the public.

P.S. And more from Rick Woldenberg, Commissioner Anne Northup, and Carter Wood/ShopFloor.

Filed under: CPSC, CPSIA, CPSIA and Congress

John Stossel on CPSIA

In his show last night on “Crony Capitalism”, with CPSC Commissioner Anne Northup as a guest, he told how Mattel and Hasbro are fine with the law that is wiping out many of their smaller competitors. Other segments of the show can be watched here.

Filed under: CPSC, CPSIA, CPSIA and toys, John Stossel, small business

CPSIA: “Kids’ Closet” no more

Kids’ used winter coats would have come in handy right about now: as part of his “CPSIA Casualty of the Week” series, Rick Woldenberg profiles Kids’ Closet of Rochester, Illinois, whose owner describes the law’s “devastating” effects on her shop. More on CPSIA and resale here.

Filed under: CPSIA, CPSIA and resale

CPSIA unintended consequences dept.

“Barred from using lead in children’s jewelry because of its toxicity, some Chinese manufacturers have been substituting the more dangerous heavy metal cadmium in sparkling charm bracelets and shiny pendants being sold throughout the United States, an Associated Press investigation shows.” [AP/PhysOrg.com]

Filed under: CPSIA, CPSIA and toys

“There Is No Joy In Toyland”

Former Congresswoman Anne Northup, now a commissioner at the Consumer Product Safety Commission, AnimalsBall5c had an op-ed in the Journal last week on the continuing damage being wrought by the Consumer Product Safety Improvement Act (CPSIA). Related: Rick Woldenberg (“Big Toy may be prospering right now, but the little guy is getting killed”). And Karen Raugust at Publisher’s Weekly has a year-end status report on the unpleasant effects of the law on various segments of the kids’ book business, including retailers, “book-plus” and novelty book makers, and one of the most seriously endangered groups, sellers of vintage children’s books.

PUBLIC DOMAIN IMAGE from Elise Bake, Der Ball Der Tiere (“The Animals’ Ball”, German, 1891), courtesy ChildrensLibrary.org.

Filed under: CPSC, CPSIA, CPSIA and books, CPSIA and libraries, CPSIA and toys