Challenge & Fun

My Letter to Rep. Dingell about CPSIA

Dear Rep. Dingell:

I appreciate your interest in the CPSIA and your desire to find the real impact of this law and what needs to be done to correct the unintended effects. I commend you on your leadership and willingness to help give us a voice. I want to provide information to you from my perspective.

We are an importer of natural toys, primarily from Europe. Our product line includes organic cotton dolls, wooden food & animals painted with water based dyes. All of our wooden products are made from sustainable forests. The dyes used by our products are not only free of lead, they are free of azos, urethane, chlorates, and are VOC free. We have built a business on selling products made of the finest materials. Our customers demand it from us, and we seek out the most creative, high quality manufacturers to represent.

We also manufacture two products here in the USA, despite the high cost of doing so. We provide manufacturing jobs to depressed parts of Massachusetts & Maine. We can make it work, because there is growing demand for products made in this country. We are therefore concerned about the increased, practically impossible, cost of doing business in this country as a niche producer.

The way the CPSIA is structured, we will be forced towards mass produced products from China. For those who believe American made products are a higher quality and/or safer than those made in China, this is disconcerting. For those who believe in supporting American manufacturing jobs, especially in this economic crisis, this law is downright untenable. For those who like to have product selection, and access to the very best, this law is deeply troubling. For all of the country, including us, who want to see the safest most innovative and interesting toys on the market, this law is an abysmal failure.

You have asked if the CPSC has quantitative data concerning any negative impact of the Act. I am currently working with a potentially good customer that is requiring full testing results on my organic cotton stuffed animals, despite being able to provide internationally recognized organic certificates. Despite the stay issued by the CPSC, and despite the CPSC practically exempting textiles, I may be forced to pay over $2,000 to certify what I already know; that these two organic cotton animals are free of lead and phthalates.

Based on the current interpretation of the law, which requires testing of the finished product, we are unable to import more painted products. We already pay a premium to purchase products that meet the highest standards on the market. As such, our volumes are relatively low, per product, but we serve an important role in the toy market. The economics are simple. Requiring additional testing to prove what we already know, will force us to drop these products. It is simply too expensive to pay hundreds, if not thousands, of dollars per product, for such testing. Without exemptions, or changes to allow component testing, or the use of certified compliant raw materials, we will no longer be able to import MOST of our products, despite being made with the finest raw materials available.

It is worthy to note that as the founder and administrator of the website www.cpsia-central.ning.com, I can tell you that I am not alone. On my site alone, there are over 675 members, many of whom are small business owners who are very concerned about losing ther business. Their comments, profiles, and heart wrenching stories are publicly available. I can assure you that there are many thousands more business owners that are not members of this website, but who are facing the same challenges and frustrations.

You have asked about suggestions to mitigate any such economic impact of the Act on small manufacturers of children’s products.

I recommend the following:

1. Focus solely on those items that have been scientifically proven to pose a risk to health, such as paint and jewelry, and remove all other items from this law.

2. Allow for the use of certified paint (or allow product manufacturers to certify their paint) and allow for such paint to be used without the need for testing on the level of the final product.

3. Remove the requirement to test for phthalates, but hold companies responsible for keeping phthalates out. Testing is both expensive AND unnecessary. Phthalates are an ingredient, not a contaminant. Manufacturers know if phthalates are added to the production. They shouldn't have to pay for testing to tell them what they already know.

4. Simplify the certification process. Can you imagine the paperwork required of a retailer that carries thousands of different product styles? I am overwhelmed with the thought of the administrative nightmare facing our small company, with hundreds of products. We have actually held off all purchasing until we can clarify what we need to do to have our paperwork in compliance. Excessive paperwork and tracking batches and lots, even when done electronically, does not further safety, nor does it help the economy.

5. Review and revise the legal framework of the CPSIA. By this, I mean that the abnormally high, punitive nature of the penalties serves nobody. This is made even more serious by the fact that a single over-zealous Attorney General in any state can interpret the law as he or she likes and bring suit against any company that they feel are in violation of any aspect of the CPSIA. The consumer database is likewise problematic, in that any consumer can file a public complaint, with little time for the manufacturer to retrieve the product and determine the cause of the defect. This database will be regularly scanned by lawyers looking for their next lawsuit.

We are a responsible company with an excellent track record. However, I do not like being put into the situation that one mistake by a supplier, or an employee, or even a customer, could jeopardize my livelihood and my life. Would you want to face the same penalties in the event that one of your interns made an administrative error, or gave out incorrect information? These provisions are spooking retailers into being so conservative that they are forcing additional testing even where the law itself does not require it; this means less business, and less economic activity, but the toys will be exactly the same---or not exist at all. I predict it will also lead to less reporting on the part of manufacturers to the CPSC, not more. That serves nobody. This is a very strong reason to exit the market altogether. Again, this serves nobody, especially those that appreciate our products.

6. Exempt the permanent labeling requirement for companies producing in small batches where such labeling is uneconomical, or make the permanent labeling requirement a voluntary provision.

I want to stress the necessity of the last point. With very few exceptions, due to the niche nature of most of our products, if we are forced to apply permanent labels to our products, those products will disappear from the market. We will be forced to go mass market, or close our business. It will be a sad day for natural products, and product safety when, and if that happens. I therefore urge you to allow exemptions for the permanent labeling or make this provision voluntary. Those companies that produce in such mass quantities that they would need labeling in order to find their products again know who they are.

Regarding your question about age appropriateness. The 12 year old age limit is clearly inappropriate. To be a health risk, lead must be ingested. Six, seven, eight year old children do not typically ingest things other than food, not to mention those that are twelve years old. Reducing the age limit would allow the CPSC to focus on the real risks--lead ingestion by children under 3 years old.

You asked about the impact on resellers of used products. Although we are not a reseller of second-hand products for children, I can tell you that we have seen many reports of children's products disappearing from thrift stores. I am concerned about this as a member of this society, as I believe these stores play an important role in serving the needs of those with lower incomes, as well as a critical way to keep products out of landfills. The CPSIA has essentially banned most children's products from these stores, and scared management into avoiding ALL children's products whether covered by the CPSIA or not. This is a most critical issue during this economic crisis, as parents have no other place to turn. The simple solution would be to reverse the decision on the application of the CPSIA to existing inventory. By doing so, thrift stores can know that their products are either grandfathered, or meet the new standard. Without this fix, this country will NEVER see children's products in thrift stores again. That would be shameful.

The impact on the environment, of applying the CPSIA to existing inventory, is very clear. Massive amounts of inventory are being disposed of across the country. These products cannot be exported, or given away. Exacerbating the impact on the landfills, is that among the products not meeting the new standards, are many products that do meet the new standards, but the cost to test the products outweigh their value.

Applying this law retroactively seems to me to be a very extreme and damaging measure. Given the dramatic impact that this is having on all parts of the childrens product industry, especially during such a dramatic economic crisis, to do so is cavalier, irresponsible, and unfair to those companies that have purchased products that met the standards of this country when they were purchased. There are many examples of older products that met previous standards being grandfathered, while new products are required to meet new standards. A look at how new standards are applied in the auto industry would provide ample examples of this.

Additionally, there are many examples of new regulations providing industry years (as opposed to months, and even hours, in the case of phthalates) to adjust to new standards. A friend of mine works in the health care industry and noted that they had 2 years to adjust their computer systems to deal with the new HIPAA regulations that were enacted a few years ago. They didn't have to deal with existing inventory or production, just the computer and workflow systems (which we also have to adjust too). It is clear from the chaos in the market that the issue of timing is more than theoretical. It is real, factual, and being documented each day in the news and on the blogs.

If one were to suggest that the risk is so severe and so imminent that we must truly put the entire children's product industry on the brink of bankruptcy, then the danger must be incredibly serious. If this is so, why are we letting children continue to play with toys that could contain phthalates, or let children ride their existing bicycles with lead in the air valves, or let children wear shoes that haven't been tested for lead? Why is it considered okay for my son to ride his bicycle, but illegal to sell it to the boy down the street? Perhaps the reason is because the risk is not as severe as the consumer groups have suggested? Perhaps the law, and its implementation, needs to be rethought.

In fact, in the case of lead, it is clear that the real danger of lead poisoning comes from old paint in old houses. It comes from our water and our pipes. If we are truly concerned about lead, would it not make sense to rip out old pipes and refurbish all the old houses in this country? That would be expensive, but not nearly as devastating as the CPSIA, and it would actually address a clear and present danger.

I applaud your request for answers, and your call for hearings. Our company has built its business on safe toys. We belief in product safety. We object to this law on the basis that it does NOT further product safety, in fact, it actually hinders it. By spreading the law so broad and making it so complex, it makes it difficult for the CPSC (and industry) to focus on the actual risks. It is very clear that a library book from 1976 carries with it a much different risk than a painted toy for a 2 year old. Let's focus on practical solutions to the potential risks, that will keep children safe, and let businesses stay in business.

I do believe that the CPSC needs to be given more discretion in implementing the CPSIA, but an act of Congress is urgently needed to resolve most, if not all of the issues addressed in this letter. We have already seen the CPSC challenged and lose in court. This will happen again and again. This serves no one. It takes away certainty from the market. If businesses cannot determine the rules they must play by, they cannot follow the rules. This is one of the problems businesses are facing right now. An act of Congress to clarify the rules, will avoid endless lawsuits and give the market some semblance of certainty.

Again, I want to thank you for your concern and the leadership you have shown by your letter to the CPSC. We are in desperate need of hearings. The fact that we have been twice denied hearings, at a time when our industry is burning is a black eye for our government and particularly those responsible for cancellations. It is a black eye for all those Congressmen that have not stood up and demanded hearings for their constituents. I am grateful to know that some people in government do read the papers, read their letters, and take the time to realize that strong small businesses, particularly in the children's products market, are essential to economic vitality, strong families, strong communities, strong schools, and a strong democracy. I trust that you will do all in your power to make sure that this law is reformed so that we can keep children's products safe while keeping our businesses and the entrepreneurial spirit strong.

Sincerely,

Robert Wilson
Vice President
Challenge & Fun, Inc.
Founder & Administrator CPSIA-Central.Ning.Com
Member Handmade Toy Alliance

The Fight Goes On: Update on Efforts by the Handmade Toy Alliance.

Across the country, members of the Handmade Toy Alliance (HTA) continue their vehement efforts to make common sense changes to this broad reaching legislation that has done little to improve safety in children’s products.

(I-Newswire) - A month after the February 10th enactment of the Consumer Product Safety Improvement Act ( CPSIA ), across the country, members of the Handmade Toy Alliance ( HTA ) continue their vehement efforts to make common sense changes to this broad reaching legislation that has done little to improve safety in children’s products.  Through a variety of grass roots efforts, HTA members have made significant advances in educating the public, industry groups and Congress on the need for a technical amendment to the CPSIA. CPSIA-Central ( www.cpsia-central.ning.com ) was first created in November of 2008 “in order to be a forum for people from all affected industries to share ideas and information, while coordinating efforts for change,” its creator and HTA member, Rob Wilson shared.  A social network developed to gain information on action needed and to better understand implications of the law, CPSIA-Central has become a nationally recognized place for concrete information on the CPSIA.  HTA members in Oregon quickly rallied and formed the Northwest Children's Business Alliance ( NWCBA ), a collection of over 100 manufacturers and store owners who have gathered together numerous times for press conferences, strategy meetings, advocacy related events and meetings with Senator Merkley's staff.  Jennifer Fuentes, organizer of the NWCBA shared “Oregon is blessed with hundreds of small businesses dedicated to providing safe, natural products for families.”  Fuentes goes on to say  “Seeing this well-intentioned but poorly executed legislation threaten the livelihood of these mostly women-owned enterprises required grassroots action to make sure that our voices were heard."  In CA, Treehouse in the Glen owner Dan Scott, hosted a free XRF Lead Screening Day as part of his community outreach and education efforts.  “I routinely speak about the impact of the CPSIA when we have special events at the store,” Scott stated.  Treehouse in the Glen also ran a full page Ad in the Bay Area Parent February Silicon Valley Edition that included a discourse on the CPSIA and the HTA’s effort to correct the legislation. Throughout the country, members have met with members of Congress to share the HTA’s vision for an amendment of the CPSIA.  Most recently, a group of members in Massachusetts met with a member of Senator Kerry’s staff discussing the negative affects of the CPSIA on the HTA membership and offering common sense solutions. “The invitation to meet with Senator Kerry’s staff showed a developing interest on their part, and really appeared to open eyes to the toll this law is taking on small businesses,” Adam Frost of the Wooden Wagon stated.  “We had a sense that many of our concerns had not yet been considered in Washington, and that this was an effective first step to dispelling some of the myths surrounding the CPSIA.”  In Vermont, Cecilia Leibovitz of Craftsburykids.com and Marianne Mullen of Polka Dot Boutique, attended a meeting between staffers from both Sen. Leahy’s and Sen. Sanders’ offices and small Vermont businesses.  Both were very open to HTA concerns and keeping communications open. Networking meetings with affiliated industries such as the Small Business Administration ( SBA ) has become common place.  Dan Marshall, of Peapods Natural Toys and Baby Care in Minnesota, attended a recent advocacy meeting in his state.  “I got a chance to meet several other business owners who have also been working on the CPSIA, including the CEO of a regional chain of specialty toy stores, representatives from Goodwill and Once Upon A Child, and several other local business owners,”  Marshall shared.  “Several of us agreed to work together to request a meeting with Sen. Klobuchar.” All members of the HTA continue daily and weekly letter writing campaigns to their members of Congress and media outlets in an effort to gain awareness for their plights, both individually and as a group.  Many have started regular blog posts and reached out to friends and family across the country to communicate with Congress their opinions of the CPSIA.  “It is amazing how many different advocacy roles our members have taken on”, Jill Chuckas of Crafty Baby in CT shared.  “For myself, I have taken on the roles of press liaison and lobbyist.  It is truly remarkable what we are all capable of when we work together on a common goal.” The Handmade Toy Alliance is a grassroots alliance of 326 toy stores, toymakers and children's product manufacturers from across the country, who want to preserve consumer access to unique handmade toys, clothes and children's goods in the USA.  They are parents, grandparents and consumers who are passionate about their businesses as well as the safety of the children in their lives.  While in support of the spirit of the law, the unintended consequences of the CPSIA has motivated them to work to enact change at a federal level. Dan Marshall, Peapods Natural Toys & Baby Care ( St. Paul, MN ) The Handmade Toy Alliance Tel. 651-695-5559 dan@peapods.com www.handmadetoyalliance.org    Jill Chuckas, Crafty Baby, Owner, Designer ( Stamford, CT ) The Handmade Toy Alliance Tel. 888-788-5168 jill@craftybaby.com www.handmadetoyalliance.org Cecilia Leibovitz, President Craftsbury Kids ( Montpelier,VT ) The Handmade Toy Alliance Tel. 802-223-7143 ceci@craftsburykids.com www.handmadetoyalliance.org Rob Wilson, Vice President, Challenge & Fun The Handmade Toy Alliance Tel. 888-384-6200 hta@challengeandfun.com www.handmadetoyalliance.org

Responses Needed for Rep. Dingell's Letter

As many of you know, Rep Dingell sent a letter (see my recent blog entry from Marth 4th) last week to the CPSC asking a series of questions about the CPSIA, and the need for amendments. We have been encouraging everyone to prepare a letter to be sent to Rep Dingall and the CPSC to make sure they know the answers to these questions from our perspective. Rick Woldenberg has set up a central email address that letters can be sent to, in order to ensure the letters do not get lost among other emails.

See Rick's blog for more information. Here is the email address to send your letters:

commentsfordingell@cox.net.

The responses will be gathered and delivered to the CPSC and to Rep. Dingell's office.

Contacting the Media Project

Last week I encouraged you all to contact the Glenn Beck Show. I received many responses that you had done just that. I also received comments that you have been contacting this program or that program on a regular basis already. That's great. But we can do better.

What if we combined our list of media programs. Then we ALL bombarded ALL of them on a regular basis? For this project I am referring to the general emails of the media. I don't want to burn any bridges with specific journalists that have entrusted you with their email address. Let's keep it to publicly published email addresses only. But let's consolidate them!

Please click here and add the general email addresses you have collected. The password is "cpsia". If you don't have any email addresses, but have some extra time and want to help. Start looking up the websites of news programs you watch and find their email address. This can be local & national TV & radio programs, including news desks.

Then the next step is to take the growing list and write your perspective of the CPSIA on a regular basis. I think they will eventually get the idea.

CPSIA IS A FAILURE

There, I said it.  It is an utter failure.  We have been complaining for some time now that the CPSIA is going to kill small businesses, hurt the economy, and eliminate diversity in the marketplace.  This is all true.  It is already happening.  Sorry, it didn't happen in a single day, it is going to take a little time to kill off all the stubborn entrepreneurs in this industry, but if you give it enough time (and in many cases, not much time will be needed), the CPSIA will certainly succeed at that.

But that is not the point of this blog entry.  Why do we have the CPSIA in the first place?  It was a reaction to the recalls of 2007.  The public was outraged, consumer groups lobbying for safer products, , and yes, even the toy industry (including us) called on the Federal Government to establish a strict federal standard that would pre-empt pending state regulations (which by the way would have bankrupted us all much faster than even the CPSIA could do) while ensuring product safety.

So the politicians decided that they had to do something (anything) to look like they were tough on business, and strong on toy everything safety.  The result was this thing called the CPSIA.  So, will the CPSIA do what was asked for?  Let's see:

1. In addition to safety (which we will discuss shortly), consumers clearly wanted continued access to specialty, natural, toys manufactured by US & European companies.  The recalls in 2007 sparked a boom time for retailers, manuracturers and importers of organic cotton products, natural wood toys, and other such products.  Consumers were glad there was somewhere to turn.  Owners of such companies were pleased to see interest in products that they feel so strongly about.  Unfortunately, these products are now disapearing, and disappearing fast.   Selecta has pulled out of the US market.  Small manufacturers and crafters are closing their doors DAILY.  Importers of quality European products are scrambling to figure out how they can possibly comply with the batch labellnig requirements that are coming up in August.  Yes, that includes us. 

Oh, and how do you think small importers of low run European products could ever hope to survive?  You got it...switch to larger run produced products made where? China.

I have not even discussed other markets like the loss of diversity in apparel, footwear, furniture, and the crisis in the ATV market, to name just a few.

So, in terms of pleasing consumers and their demand for diversity and quality the CPSIA FAILS.

2. Let's dive right into the safety issue.  All of us had such great hopes that the CPSIA would somehow ensure a greater level of safety in this country.  The long standing argument for the CPSIA is that consumers want safety at any price (well, no they are not willing to pay extra, but willing to see healthy companies disappear if they cannot pay the exhorbitant price the CPSIA exacts on them).  Well, the bad news is, the CPSIA does NOT make products safer.  

Let me give you an example.  If you want to be the best sprinter in the world, what do you do?  You focus on sprinting.  Do you spend half your day playing hockey, part of the day cycling, and part of the day reading, and then spend whatever time is left sprinting? Of course not.  You focus on what you have decided is important.  

Similarly, we have said we want product safety.  We want the CPSC to focus on keeping products safe.  Fair enough.  So what has Congress mandated?  That the CPSC spend time writing rules around lead in books (which I am still waiting for someone to show me a case of lead poisoning from books), certification (a piece of paper-even lead free paper-doesn't make my toy any safer), batch labeling (this may help in the case of a Mattel recall of 10mm pcs, but not in an unlikely recall of 150 pcs of any of my products). 

Rather than focus on the ages that actually suck on products that have a risk of containing lead, the CPSIA extends to children up to the age of 12.  Why do we want to have the CPSC spend its time keeping bicycles and books from 12 year olds, rather than protecting 1 year olds from lead in paint?

Rather than focus on products that have scientifically proven risks, Gib Mullen of the CPSC acknowledged today at the ICPHSO conference that they would enforce high levels of lead in a sticker, even though one would have to consumer the equivalent of one's body weight in stickers for there to be any danger of lead poisoning.  This is a result of wording that only Congress can change.  Why are we overwhelming limited CPSC resources to enforce non-risks, when we could have them spend their day protecting us from ACTUAL risks? 

Now you can cite examples of harm and tragic accidents that have occured in recent years as a reason for the CPSIA.  However, has the CPSIA actually added anything that would have prevented those deaths?  In the cases that I have seen, the answer is a resounding NO.  The former rules worked, and had mechanisms to improve safety in case of a breakdown.  My friend and colleague Kathleen Fasanella wrote an excellent response to an attack on her on this very subject, which I encourage all to read.

More can be written about how the CPSIA HINDERS the safety of children's products, and I will do just that as time permits.  However, I will concede that there will be fewer recalls and fewer accidents when there are no more children's products left.  But then we will be left with the natural world again, and you don't want to know what is in that rock, or dirt, and you certainly don't want to think about all the small parts hazards found in a twig....so in reality, we will probably never be "safe."

3. In terms of the political cover the CPSIA was supposed to give our politicians, the CPSIA has failed here too. The authors of the CPSIA are rightly feeling much pressure to fix the CPSIA. So far they have blamed the problems on lack of understanding, confusion, mommy bloggers, business owners losing their businesses, complaining crafters, the CPSC, the media, Republicans, and the full eclipse of the moon.  Never once did they think that the mess could possibly be due to a lousy piece of legislation, nor do they feel it appropriate that there should be a hearing on the matter, having twice cancelled.  If they are so in love with their legislation, and want to set the record straight, don't you think they would want to let us know all about it? Don't you think they would like to tell Rick Woldenberg to his face where (and why) they think he is wrong?  Hmmm, they don't seem too interested (or able) to do so. 

I, along with other members of the Handmade Toy Alliance, met with our Senator's staffer today.  The staffer we met with seemed genuinely surprised at the impact the CPSIA is having on our businesses, on libraries, thrift stores, etc.  I hope and trust that we can start to see action from the Democrats to fix this law.  Eventually the full impact of this law will become public knowledge (despite the atrocious reporting, and lack thereof by the national media), and this will be one more reason for the public to be disgusted at the lack of leadership by those politicians that either ignored or hindered efforts to reform this important piece of legislation.  So, once again, the CPSIA has not done what it was supposed to do.

There is good reason for consumers, consumer groups, industry (of all sizes) and politicians to get together to make this legislation actually work.  When it does work, it will serve ALL of us, instead of NONE of us, which is the case now.

Houston Chronicle and a Loss of Credibility in the Media

A few days ago the New York Times lost its credibility.  Now the Houston Chronicle has proven that it likewise has lost touch with reality.  TV stations have also generally ignored the plight of businesses, both large and small. Large companies do not deserve any sympathy---they are large (ie. bad), and small companies can be ignored, they are small (ie. insignificant).  They seem to understand the importance of businesses in the context of a stimulus plan, and bailouts, but somehow, if such a business makes anything for a child, they somehow do not deserve any attention, or even basic factual reporting.

I didn't have the opportunity to express my views to the New York Times, but hope to soon.  In the meantime, I have submitted my comments to the online Houston Chronicle.  I hope you will join me in expressing your distaste for inaccurate, biased, reporting.   Here are my comments (they refer to specific points made in the article, so to best understand my comments, you will need to also read their article, as distasteful as that may be:

Perhaps it is also a problem that it is such a confusing (and complex) law that retailers, small businesses, and others cannot understand it.  That does nothing to improve safety. 
Hysteria, perhaps the hysteria could be caused by perfectly good toys disappearing from thrift shops, not appearing at charities, and small businesses (and large businesses) closing their doors. 

Perhaps the confusion stems from the media, not understanding or properly reporting the facts.  For instance, not much has been put on ice.  Everyone in the supply chain (including Mom & Pop retailers) must comply with the law.  Any notion that testing or certification is not necessary is hogwash...how can a retailer know they are compliant without certificates?  How can a supplier certify without testing? How can an entire industry adjust and test entire inventories in 2 business days (in the case of phthalates) or a few months (in the case of lead)?

Lead is truly a danger when ingested.  However, this law treats all lead risks the same, including those where ingestion would be downright impossible. Have you seen a 10 year old eating  a book lately? S
Small business are still distraught.  Many are closing their doors.  Their organic cotton, knitted sweaters, and wooden toys won't be a risk to your children anymore.

Clearly the Toy Industry Association (TIA) and National Association of Manufacturers (NAM) didn't do enough to fight this ludicrous law that is penalizing an entire industry for the failure of a few.  The existing law worked to ensure recalls and penalties.  This new law does little more, except ensure massive bankruptcies and a dramatic loss of valuable products, which we are already seeing.

The TIA has done precious little to try to reform this law to allow a sensible law that keeps products safe, while preserving businesses of ALL sizes.  Small manufacturers & crafters (many of the same companies you turned to in 2007 for natural toys & children's products) have been the most outspoken, and formed the Handmade Toy Alliance.

There is likely to be all kinds of enforcement by vigilante consumer groups, lawyers, and Attorneys General, which will only hasten the demise of this threatened industry. 
Perhaps we as a nation have decided our children no longer need quality toys, clothing, shoes, books, sports equipment, furniture, etc, etc. Don't worry the CPSC will be plenty busy educating us on a convoluted law, taking precious time away from ensuring the safety of this nations products.  Does that sound like time well spent to you?

Letter to my Congressman's Office

Here is a letter sent today to Jennifer Walters, the Legislative Assistant for Commerce at Congressman James McGovern's office.

Good Morning Jennifer:

Here is an important blog post by Rick Woldenberg which doesn’t even talk about our regular talking points surrounding testing or markings per se, but talks about some little talked about but ever so real problems.  They are issues that are sometimes difficult to communicate, but he explains them so well. 

In particular, I am also concerned about the complexity of the law.  We do work with a wide variety of companies and individuals.  Some of our store owners are still grasping to figure out what a “case pack” is let alone what a lot is or how to track certificates, etc.  I don’t mean this in a disparaging way, it is simply true that some do not have much experience (stores open every day), and others are better at other aspects of running a business.  Then there are more experienced business owners, and I hope I can include my self in this category with OVER 10 YEARS AND I STILL DO NOT UNDERSTAND THIS LAW AND CANNOT FULLY GRASP HOW WE CAN POSSIBLY IMPLEMENT IT INTO OUR BUSINESS SYSTEM.  The idea that we are supposed be able to educate our employees, fulfillment center, & suppliers to administer the regulations correctly 100% of the time, is nonsense.  This can be said of companies around the country.  For us to execute such a complicated law is next to impossible without errors (non-safety errors, but infractions of the law nonetheless—and infractions with huge implications).

I have often found myself speaking with others who do this every day like me.  And we find ourselves differing on many points of the law, that we do not understand fully ourselves. Imagine those that are getting information on a weekly or monthly basis from trade organizations or even worse…the media.

Please do read Rick’s blog.  Please do so as a person, or imagine yourself as a business person.  Do you want to be in this business?  Do you think you can STAY in business? 

http://learningresourcesinc.blogspot.com/2009/02/cpsia-information-overload.html

ALSO, very important.  Congressman McGovern wasn’t in a position to help with new Senate Bills.  He also didn’t feel he could contact the CPSC about delaying the CPSIA (by supporting the NAM Petition).  He now has an opportunity to do what Congressmen are supposed to do…support good bills.  Congressman Roscoe Bartlett is introducing a bill:

http://www.bartlett.house.gov/News/DocumentSingle.aspx?DocumentID=111006 .  We plead with Congressman McGovern to do what is right, and stand up to help save our industry.  Today’s blog hasn’t even touched on the economic crisis within our industry which has STARTED.  We are receiving reports.  Some of which I cannot forward yet, but about which you will no doubt be hearing about soon.  If this is about the economy, we need the Congressman to act.  If it is about children’s safety, we need him to act (to fix this so it works the way it should).  Every person in this country relies on both.

By the way there was a story in today’s Metrowest Daily News.  I will forward it to you when it appears online.

Sincerely,

Rob Wilson
Director of Marketing
Challenge & Fun, Inc.
888-384-6200

Are you aware that many safe, natural toys & children's products made or imported by small US companies will disappear next year?  This is due to needlessly expensive & complicated compliance requirements contained in the new children's products safety law.  Please learn more and help us save the natural/specialty children's products industry.

See:
www.cpsia-central.ning.com
www.handmadetoyalliance.org

Letter To Senator Kerry's Office

I am writing today to encourage you to support Senator DeMint’s Bill #S-374 that will help save tens of thousands of businesses (and hundreds of thousands of jobs) from bankruptcy over the coming months.  While it is clear that you are sparing no expense in  your efforts to stimulate the economy, one would think it is counter-productive to spend hundreds of billions of dollars in stimulus funds with one hand, while regulating away perfectly healthy businesses.

 

Last week the courts reversed the position of the CPSC that the phthalate rule did not apply to existing inventory.  This has left businesses with 4 days in which to comply.  What decision of the CPSC will be reversed next?  Our businesses can’t afford that kind of uncertainty.  We need reasonable rules built into the CPSIA, or you need to repeal it and start over. 

 

Ideas for Modifications to Make CPSIA More Reasonable for Small- Businesses

 

·         Component testing - with certification that carries forward

to the end product manufacturer.  Eliminate the economic waste of duplicate tests; this provision makes it possible for one-of-a-kind product manufacturers to continue manufacturing.

 

·         Flexibility in labeling – let manufacturers employ more

technologically savvy labeling strategies.  Small manufacturers can’t bear the burden of non-standardized labels, individualized per batch.

But they can make use of other technologies they already employ in their businesses.  Give us the flexibility to communicate in new ways with our customers.

 

·         Exemptions from continuous testing requirements – for

products that have not been proven to pose a risk of lead and phthalate hazards.

 

·         Exemptions from labeling requirements – for those products

exempted from continuous testing.

 

·         Assign financial responsibility for the clean-up – Congress

did not assign financial responsibility for the clean-up that begins Feb 10, 2009.  Small businesses that have operated in good faith are now left holding the bag on society’s unwanted merchandise.

Washington

left the bill for the little guys to pick up.

 

·         Legislate changes – On Feb 5, we learned that CPSC’s rulings

are not law and that they cannot be banked on.  When a US District Court overturned the CPSC’s phthalate ruling, the court made the phthalate ban retroactive with only 3 days notice to the deadline.

Small businesses cannot afford this level of uncertainty.  The changes we need have to stick, and we have to count on that.  So, they must come from legislators and not from the CPSC.

 

We need Senator Kerry to stand-up and take a bi-partisan approach, because saving small businesses is NOT a partisan issue.  If it is, we will have to reconsider our approach to voting.

 

Here is a link to a local Boston ABC story that was aired last night featuring small businesses in your state concerned about losing their otherwise healthy businesses.

 

http://www.thebostonchannel.com/video/18687300/index.html

 

I am also attaching a press release that we sent out on Monday, along with a Myths & Facts sheet that we have prepared.  If you feel I have any of my facts are incorrect, I would appreciate an opportunity to discuss this with you further.

 

Sincerely,

 

Rob Wilson
Director of Marketing
Challenge & Fun, Inc.

Member: Handmade Toy Alliance www.handmadetoyalliance.org

Founder/Administrator: www.cpsia-central.ning.com

 

Support Senator DeMint's Bill to Fix the CPSIA

I think we can agree that that the Stay isn't enough to solve our problems. I hope you aren't going asleep for a year in hopes that when you wake up it was all a bad dream. Now is the time to press forward and keep the heat on Washington to fix this mess. Senator DeMint was one of the few Senators to vote against the CPSIA. He is one of the few Senators taking a proactive approach to fixing it. He deserves our support, and we need to find a solution. I urge you all to call your Senators to urge them to support his Bill. Here is a copy of a letter from Senator Demint:

First, I would like to thank everyone for all the hard work you have done highlighting the many issues surrounding the Consumer Product Safety Improvement Act (CPSIA) for my colleagues. If it was not for your hard work, Capitol Hill would not be paying any attention to this issue. Save Handmade! BuyHandmade.org

Like you, I was pleased to see the stay of the testing requirement that the Consumer Product Safety Commission provided last week, but I am deeply concerned that it will be inadequate in protecting your businesses. Reporters for the Wall Street Journal summed the situation up quite well when they stated, “unless Congress acts, retailers and manufacturers still won't be allowed to sell products that don't comply with tougher lead standards that are set to take effect on Feb. 10.” While postponing the testing requirements is welcome news I’m not sure how helpful it is if retailers are not willing to sell your products for fear of massive legal liability. Further, we have seen that some interest groups are trolling shops looking for non-compliant products. This rightly scares retailers. It likely will scare them enough to tell suppliers who haven’t had their products tested to take their goods elsewhere.

Something needs to be done. We need to continue the fight and fix the law.

As many of you know, last week I announced that I am planning to offer legislation to fix the problems contained in the CPSIA. I’m not going to relist the changes here, but if you haven’t already visited the posting I would encourage you to visit my blog.

However, to make these changes a reality, I’m going to need your help. You need you to call your senator. The number for the switchboard at the U.S. Senate is (202) 224-3121. When you call, tell the operator what state you’re from and that you’d like to speak to one of your senators. Tell them where you are from. Explain how this new law will impact your life. Ask them to support the legislation I am proposing. And be sure to thank them for taking the time to talk with you.

Sending letters to the CPSC isn’t enough. The CPSC can’t fix this problem. Congress needs to act and it is you who must encourage them to do so.

Again, thanks so much for your help with this. I’m going to try my hardest to fix this issue, but I’m going to need your help. Please continue to get the word out on this issue. My staff will continue to post updates on this issue on my blog and on twitter. Please keep an eye on my blog and follow my staffer’s twitter for further information.

WHAT YOU CAN DO TO SUPPORT SENATOR DEMINT'S LEGISLATION:

Here is a link to Senator DeMints’ legislation:

Here’s what you can do:

1. Call your Senator (202-224-3121).

2. Identify yourself as a constituent and ask to speak with the Senator or the staff assistant who follows Commerce issues.

3. Ask him/her to CO-SPONSOR Senator DeMint’s CPSIA Reform Legislation, and tell them if they have questions about the legislation they can contact Tom Jones in Senator DeMint’s DC office at 202-224-6121. Tom’s email address is tom_jones@commerce.senate.gov

4. Ask them to VOTE for the CPSIA Reform legislation when it comes to the Senate floor for a vote (possibly as an amendment to something else, like the stimulus package).

5. Get five friends to do steps 1-4.

Tell us how your conversations went.

Remember: Sensible and commonsense product safety rules are a bipartisan value. We need both Democrats and Republicans to co-sponsor AND support this legislation.

PRESS RELEASE: CPSC ISSUES STAY BUT TOO LITTLE TOO LATE?

Contact: Rob Wilson Vice President Challenge & Fun, Inc. Founder & Administrator CPSIA-Central Phone: 774-289-1531 (9AM – 9PM M-S) Fax: 508-881-5627 Email: cpsia@challengeandfun.com Web: http://www.cpsia-central.ning.com http://www.challengeandfun.typepad.com

PO Box 222 Ashland, MA  01721 Phone: 508-881-7500 Fax: 508-881-5627

CPSIA-Central http://www.cpsia-central.ning.com

Press Release

 

CPSC Issues One-Year Stay of Enforcement on CPSIA Testing and Certification; Too Little Too Late?

CPSIA-Central continues to educate and press for changes in the law.

Ashland, MA, February 2, 2009:  The CPSC has issued a one-year stay of enforcement on the testing and certification requirements mandated by the Consumer Product Safety Improvement Act of 2008 (CPSIA) for some products covered by the law, including children’s products. Manufacturers and importers will not need to test or certify these products, but are still required to meet the new lead and phthalates standards. This is a positive development for companies that were struggling with the complex certification rules. CPSC Commissioner Thomas H. Moore recognized that “Many of the smaller businesses do have legitimate concerns about how they will comply with the new law and the cost of the new testing and certification requirements.”

According to Rob Wilson, Vice President of Challenge & Fun, “We are like most companies in that we have been testing our products to confirm what we already knew, that they are safe and are well within the CPSIA standards. While we will not have to follow the complex certification rules for now, we know that our retailers will demand general certificates from us, which we will gladly provide.”

The stay is in response to the growing chorus of voices of business owners concerned that the rules are unclear, confusing, and economically untenable. Additionally the decision gives CPSC staff more time to finalize four proposed rules which could relieve certain materials and products from lead testing and to issue more guidance on when testing is required and how it is to be conducted.

This is a reprieve from testing and certification for some products; it does not apply to the requirement for third party testing for lead in paint and other surface coatings, cribs and pacifiers, painted products, and products for children under three that may have small parts. Nevertheless, the stay puts the entire industry in the same situation as thrift stores across the country, in that the CPSC has removed the requirement of testing but is holding them to the new standard under the threat of civil and criminal penalties.

Additionally, it does not respond to the petition submitted to the CPSC on January 29th by sixty-seven industry groups, including the National Association of Manufacturers and the US Chamber of Commerce, requesting a delay in the lead rule in order to give thousands of manufacturers, distributors, and retailers time to adjust to do the necessary due diligence to confirm that their inventory complies with the CPSIA. Without a delay in the implementation of the standard, thousands of companies will still find themselves on the brink of bankruptcy, despite the newly announced stay. In response to this issue, Nancy Nord, Acting Chairman of the CPSC, stated, “The retroactive nature of the lead ban has caused much of the concern that has been voiced over this law but Congress will need to address that issue; the CPSC cannot.”

Accordingly, Rob Wilson further stated, "Now it is time for Congress to match the CPSC actions and quickly pass the necessary changes that will allow the CPSC and the business community the time it needs to implement this law correctly."

Many business owners from a wide range of children’s products industries have been coordinating efforts to lobby for reform of the CPSIA through online media such as the CPSIA-Central website (http://cpsia-central.ning.com). CPSIA-Central has been growing steadily and currently has over 600 members. CPSIA-Central will have a booth (#1249) at the upcoming American International Toy Fair in New York City February 15-18, where they will be educating colleagues on the need to reform the CPSIA in order to save businesses and ensure product safety, and will be holding regular press conferences for the media.

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