CPSIA Myths
Posted by Valerie on March 31, 2009
1. This legislation has been put on hold for one year.
Not true. Certain manufacturers have a one year stay on certain testing. There is not a broad one-year exemption. The stay on testing does not affect schools, libraries, retailers or resellers in any direct way. (Some libraries think they have a year off, but this is not what a “stay on certain manufacturer testing” means; they are not manufacturers.)
2. The CPSC exempted resellers.
Not true. We resellers do not have a legislative requirement to test our products, but we resellers must comply with every CPSIA standard for every product we sell. Now. At this time, we resellers can choose between testing products and having no way of knowing when we are breaking the law.
3. Old books can be sold as “collectibles for adults”–and that takes care of the book issue.
It’s true that old children’s books can be marketed as collectibles for adults, but this does not help libraries, schools, or bookstores that are serving the educational needs of American children. Children benefit from twentieth cenury books every day in this country, and every product must be marketed effectively in order to be sold successfully. Restaurants market to hungry people; automakers market to drivers; and booksellers traditionally market our books to and for readers.
It’s important to understand that most 20th century children’s books are out-of-print and the few that are in-print are generally not available in hardcover.
4. This might be hard for people–but in the long run it will be healthier for kids.
We have no evidence that this legislation, burdensome and destructive as it is, will prevent a single death or disability. I’ve searched records at the CPSC, CDC, National Institutes of Health, and National Library of Medicine, and I can find not record of any child ever lead poisoned by a book, an article of clothing or a regular children’s toy. (Lead jewelry and lead paint in children’s furniture have very rarely caused problems, but rare events do not call for broad, sweeping, punitive legislative solutions.)
Lead is dangerous in an inappropriate amount in an inappropriate place; lead is quite safe in an appropriate amount and an appropriate place. While CPSIA doesn’t improve safety, its impact is more likely to be negative. Now, low-income children will have greater difficulty getting protection from the cold, bicycle manufacturers are being pressed to get minimally tested (but lead-free) parts to market, parents are tempted to buy oversized ATVs, minibikes, and snowmobiles because the youth models are all illegal across the board. Also, the CPSC has revealed that they are so busy chasing CPSIA non-hazards that they cannot effectively target their resources toward genuine risk to real children.
5. Congress is fixing this–or surely will soon.
At this point, Congress is adamantly refusing to take any action. At least 10 bills are being ignored in committee. The #1 place to put pressure is on Congressman Henry Waxman, Chairman of the House Committee on Energy & Commerce. He needs to hear from America; he is the major obstacle to getting this horrible legislation amended.
Elysabeth said,
Wow you bring out some fantastic points. Waxman needs his butt booted and Nord needs to keep standing her ground. She admitted in the general meeting held last month with the printers associations (APA or something like that) that this law is impossible to carry out. Waxman must have licked his bicycle when he was kid or ate the books with all the lead in it because he definitely isn’t thinking of protecting the children at all. I hope we do finally get some folks in Washington to listen this week. I keep saying that every voting citizen in America needs to get on board. I’m not seeing much of it around here even after I advocate and tell people up front and personally. They don’t seem to realize how deeply devastating CPSIA is as many of them have never even heard of it. I was at a writer’s conference this weekend and the keynote touched on “censorship” and I kept thinking he was going to jump on the CPSIA but he didn’t; skirted the issue in a way but never mentioned how the government is censoring products for kids with this highly volatile law. So we keep fighting and hope that God knocks some sense in the lawmakers (lightning bolts would be a good thing right about now - flashes of everything they are destroying, putting the fear of God back into them) - and hope that the folks heading to DC tomorrow will be able to be heard. I’m afraid that the room they are going to be in won’t be enough. I picture a scene like in Forest Gump standing on the Washington Monument lawn area - millions of people (fingers crossed that’s how many show up) speaking up for the children and opposing CPSIA.
Good job of revealing myths about CPSIA - E
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Joe Consumer said,
Just wanted to give you the heads up…today there’s a post from ThePopTort commenting on Consumer Reports’ coverage the the April 1 rally. Lots of food for thought! http://www.thepoptort.com/2009/04/myth-tally-from-the-cpsia-rally.html
Valerie said,
I appreciate the link, Joe, but The Pop Tort is dishonest in its assessment of the CPSIA. We have in CPSIA a dangerous, abusive piece of legislation that is causing ongoing and increasing harm to American children and families. As low income children, particularly, suffer from this poorly crafted legislation, it is sad to see Pop Tort willfully, eagerly and aggressively contribute to that abuse.
David Smith said,
Hey Valerie–
This has all gotten pretty contious and confusing. The CPSIA is 100 pages or so, and even those trained in the law seem to argue about what it really means. Add to that the various political agendas (i.e., spin) and you havea fairly confusing situation.
For my part, I believe the small business folks and consumer groups have more in common than they currently realize–at least with respect to caring about kids. Beyond that, though–when you look at the history of the CPSIA, it is sordid at best.
For example, it seems obvious that folks at the TIA don’t really have a genuine interest in the CPSIA’s impact on small business. Their initial endorsement of third-party testing, http://preview.tinyurl.com/clk23b for example, was bound to help big companies like Mattel and present more of a challenge to small toy makers (i.e., the pesky competition). http://www.slate.com/id/2173733/
Also, did you know the CPSIA was largely the result of industry group lobbying from the likes of big toy makers and atv manufacturers? http://tinyurl.com/d9hhol That those same groups would now bother to cry foul on behalf of “the little guy” who, before it was politically advantageous, they could have cared less about, http://tinyurl.com/coe45a is beyond hypocritical.
Finally, I would just say that the CPSC KNOWS it has the authority to issue exemptions for products shown to be harmless–and has admitted as much. See part B of this document. http://edocket.access.gpo.gov/2009/E9-5075.htm The fact that they continue to sit on their hands tells me that small business folks and consumer groups should unite and demand new leadership at the CPSC.
Thanks for listening and caring.
Valerie said,
CPSC is clearly, rapidly, and aggressively implementing 100% of what they have claimed as their authority in Part B. In fact, they are going WELL BEYOND their admission of authority in Part B both by issuing a stay on certain manufacturer testing and by refusing to enforce CPSIA against the youth vehicles industry.
Did you read Part B? What does it say for harmless products that have components above the 600 ppm statutory limit that DO allow for the absorption of a measurable amount of lead, similar to what’s in bread, water, and clean air?
The standard they are stating in Part B is not HARMLESSNESS; it’s the horrible and foolish “any lead” standard that has no relationship to health and safety. But, David, if you really think the CPSC is not using the fullness of their authority to make exemptions, I certainly hope you’re not sitting on your hands. I hope that you are putting pressure on Congress to DO WHATEVER IT TAKES, INCLUDING REVISION OF CPSIA to get results that are better and safer for families and children, especially for low-income children who are and who will continue to suffer greatly if changes are not made.
The determination of many in Congress and many consumer groups to blame the unanimous Nord-Moore votes and blame the unanimous rulings of CPSC staffers, while walking away from the responsibility to ACT and while quietly and knowingly LETTING LITTLE CHILDREN SUFFER is indefensibly cruel. This indifference and Mr. Obama’s indifference will not be forgotten by those who see it for what it is.
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