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If you support WAHM's and small companies this will affect YOU!

30K views 405 replies 114 participants last post by  janhunt 
#1 ·
It's being called National Bankruptcy Day. To make a long, long story short:
The Consumer Product Safety Commission and Congress have just passed a law which requires ALL MAKERS of CHILDRENS' PRODUCTS in the US and importing to the US to have their products (and components) tested by a CPSC-certified, Third-party testing laboratory FOR LEAD CONTENT.

On Feb 10, 2009, all businesses which do not comply with said testing (which is incredibly expensive and unecessary for textiles as fabric does not contain lead) will be in violation of federal law, guilty of selling banned products and subject to fines and jail time. This affects ALL of us. WAHMs, Etsy sellers, crafters, wooden and organic toy companies, baby carriers, ect. On Feb 10th, the handcrafted movement dies. WAHMs are out of business. The economy sinks even lower.

If it sounds unbelievable, believe it. Here are several links for you to consume. The kids industry has been slow to realize how serious this ruling is because it sounds so ridiculous. But it is real, and incredibly sad.

A good summary of the situation from an industry leader: http://www.fashion-incubator.com/arc...ankruptcy-day/

Actual Cpsc law: http://www.cpsc.gov/ABOUT/Cpsia/legislation.html

Easi(er) to read summary of law: http://www.apparelandfootwear.org/re...mary080902.pdf

Petition:
http://www.ipetitions.com/petition/e...SIA/index.html

Please, please take action on this. Call and write and petition and email.

Thanks,
Amy
 
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#129 ·
Quote:

Originally Posted by MistySeptember View Post
I have been making clothes and cloth diapers for my children for quite a while and recently decided to try to sell some locally this summer. In browsing through some blogs of those who make and sell custom boutique items I stumbled upon an article about CPSIA 4040. My stomach just dropped.

Since last night I have contacted my representatives via email and fax, I have contacted a very popular blogger in my area as well as two local tv stations. This is ridiculous! This law effects not just WAHM, but charitable organizations who donate items and run thrift stores, daycares, at home childcare providers, garage sales. It was a knee jerk reaction by government, that in theory is a good idea, but they are punishing the wrong people!
Just curious, how would it impact home daycares? Also, does it really specify that re-selling used toys and clothing is not ok too? This really is an honest question. I am getting out of doing home daycare, but I am about to start at a preschool at the end of January. If this bill affects home daycares, I would think it would affect preschools as well.

I wrote to my representatives, and received a letter back. It was not a great reply, but it wasn't a form letter. Vermont Congressman Peter Welch said that although he supported the bill, he urged Congress to re-think their wording in order to spare small Vermont businesses. He didn't say anything about any further action.
 
#130 ·
I doubt it will affect resale. Garage sales have no regulations- I could sell you a can of lead paint out of my garage any day, and that have been banned for 30 years. Resale shops sell products "as is" and they are not always safe because of the use and abuse they've been through, with missing parts, breaks, etc.

I don't see daycares being forced to purge and restock their toy supplies, either. They just won't be able to buy the old stuff anymore.

I do wonder what Waldorf school stores will do.
 
#132 ·
Quote:

Originally Posted by annettemarie View Post
I can't see how it's even feasible for the big companies to follow this law. When I look at the billion dinky little toys put out every year, I can't imagine them paying that money to test each and every one of them.
Especially when you think about all the toys sold in dollar stores, vending machines, arcades, etc...... It would be GREAT if those toys disappeared, but it would hit the industry pretty hard.

Hopefully enough congress members see how ridiculous it is, and this law just will not pass the way it's currently written.
 
#134 ·
http://daddytypes.com/2008/12/23/i_k..._christmas.php has a good (ish) answer to this... market everything to adults with a kid in the pic for size comp.

If the gov. is going to fail us this way then I would have no problem searching etsy for adult wooden toys, even if that sounds just sooooo wrong


I think a code using certain descriptors would work just fine esp if it got enough net press... They can't prosecute if you say your items are for "young" adults, right?

(I just saw this and haven't browsed old replies to topic yet so may be a repeat)
 
#135 ·
Quote:

Originally Posted by CallMeKelly View Post
If the gov. is going to fail us this way then I would have no problem searching etsy for adult wooden toys, even if that sounds just sooooo wrong

True enough.

Quote:
I think a code using certain descriptors would work just fine esp if it got enough net press... They can't prosecute if you say your items are for "young" adults, right?
Kind of like cotton jammies are "thermal underwear" or "loungwear" or "long johns".
 
#136 ·
From my earlier post...

"Based on the latest Hasbro recall, they sold 330,000 units which works out to about a penny per unit loss if they had been tested first"

They make these toys in *huge* quantities. The cost per piece will be almost nothing for them. How many customers are going to balk about a 1 cent increase in their toys?

Big retailers like Wal-Mart have known about this legislation since it passed. Their lawyers and others have been working for the last year to get compliant and they are requiring the big manufacturers they work with to be compliant now. IMO it is *not* an issue for them. Perhaps a bit of an inconvenience but not enough to drive them out of a business worth billions of dollars.

OTOH when you have a run of only 300 pieces, you are looking at cost per piece of anywhere from 50 cents to $13.00.
 
#137 ·
The problem with labeling everything "adult" though is that as far as I understand and read this specific legislation, *they* get to determine what counts as an item for kids 12 and under, not us.

If cloth diapers are covered under this legislation you can imagine there is no way we are going to get away with calling a newborn sized diaper an item made for an adult, you couldn't even call it a doll diaper because again that makes it a child's play item.

OTOH, it seems as though they have their hands full with trying to regulate even the top manufacturers so I am guessing they aren't going to be coming for momma's on Hyena or Etsy any time soon, but it still could be a risk to take selling and I am afraid hearing all the replies received that were basically form letters that I am not feeling very optimistic about getting anywhere with changes.
 
#138 ·
Quote:

Originally Posted by NoliMum View Post
I doubt it will affect resale. Garage sales have no regulations- I could sell you a can of lead paint out of my garage any day, and that have been banned for 30 years. Resale shops sell products "as is" and they are not always safe because of the use and abuse they've been through, with missing parts, breaks, etc.
Actually, the way the Act is worded, it *does* affect resale. The CPSC has made an official statement that they interpret the lead law to be retro-active, for one, which makes any item that doesn't have a Certificate of Conformity a "banned hazardous substance" and unlawful to sell.
And the section of the Act pertaining to phthalates says

Quote:
Beginning on the date that is 180 days
after the date of enactment of this Act, it shall be unlawful for
any person to manufacture for sale, offer for sale, distribute in
commerce, or import into the United States any children's toy
or child care article that contains concentrations of more than
0.1 percent of di-(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate
(DBP), or benzyl butyl phthalate (BBP).
Beginning 180 days after the enactment of the Act (it was signed into law on August 18th, I believe), it is illegal for *ANY* person to manufacture for sale, offer for sale, or even offer as a "gift with purchase" (distribute in commerce) any toy or "child care item" (which has been defined as something facilitating the sleep or feeding of a child 3 and under) that hasn't been *proved* by an accredited, CPSC-approved laboratory testing to be phthalate-free.

There have been unofficial statements made that "thrift" shops (charity resale shops) will be allowed to use "reasonable judgment" in determining product safety, as well as unofficial statements made that consignment shops will not be required to conform as long as the item is "One Of A Kind". But as of yet, the CPSC hasn't made an official statement on resale, or garage sales. As it stands the CPSIA covers ALL products intended for use by or for children under the age of 12 sold by anyone. There are *no* loopholes for business size or intention as of this moment.

Another matter of note is that there is a section specifically regarding safety and registration of "durable infant and toddler products" including cribs, highchairs, playpens, strollers, walkers, bouncers, swings, and child safety gates, just to name a few. So those flammable Pack-and-Plays and phthalate-containing "stationary activity centers" are going to be regulated now as well.
 
#139 ·
Quote:

Originally Posted by fruitfulmomma View Post
The problem with labeling everything "adult" though is that as far as I understand and read this specific legislation, *they* get to determine what counts as an item for kids 12 and under, not us.
Yes, there is an "obviousness" factor written into the law, both for the items (infant-sized diapers are obviously for children, bibs with hugging bears and "I Wuv My Mommy" embroidered on them are obviously for children, and a felt-food set that comes with a child-sized apron? Obviously for children) as well as the *appearance* of the item. If I make a quilt with SpongeBob fabric, can I honestly expect the CSPC to believe that it is not intended to be used by someone under the age of 12? Even with the number of teens/adults who like SpongeBob, he is a character on a show intended for children, broadcast on a channel aimed at children.

Quote:
OTOH, it seems as though they have their hands full with trying to regulate even the top manufacturers so I am guessing they aren't going to be coming for momma's on Hyena or Etsy any time soon, but it still could be a risk to take selling
It is a *huge* risk to sell if you aren't compliant. Responsibility for regulation has been placed in the hands of the individual states and their Attorney Generals, they are supposed to monitor their own state and bring action and the attention of the CPSC. Sites like HC, Etsy, Ebay, etc, are going to be held responsible for reporting any seller using their service who is known to not be in compliance. And to make matters worse, much like the WAHM-mamapad drama of a few years ago, there have been rumors of businesses that *are* compliant who plan to report non-compliant businesses to thin the market.
 
#140 ·
Just wanted to bring to everyone's attention that they are very seriously considering exempting natural materials from the regulation entirely - unfinished wood, etc. My good friend wrote a couple of articles for the AP about it, and it seems like it's even possible that his first article - about the horrible, albeit prob. unintended consequences of the law - maybe made the CPSC wake up about what they had to do...at any rate, here's a link: http://news.yahoo.com/s/ap/20081224/...s/tainted_toys

Merry Christmas, everyone! And Happy Holidays!
 
#142 ·
I just found out about this about an hour ago when my husband showed me this article from The Consumerist. There is a link in it to this article in the LA Times from the 23rd.

I'm just dumbfounded. I just cannot believe it. This is going to put so many of the smaller companies that I rely on for natural safe products for my kids out of business or run them out of the country. I guess this is why my local toy store was having a closeout sale on Heros stuff the other day. And Selecta is pulling out of the US market too. This just stinks. I cannot even imagine how many people will be out of work because of this ridiculous law.

I will write a letter to my reps, but I don't know how much good it will do.

ETA - Just saw the update by jmmom. At least that's a start. I hope they vote for those exemptions, but I think even more need to be made.
 
#145 ·
So, is everything really going to just disappear in February??

Do I need to make a run on toy-buying for our baby due next month, so that I have some safe toys for him/her to grow with?

Grrrrrrr
 
#146 ·
Quote:

Originally Posted by Past_VNE View Post
Do I need to make a run on toy-buying for our baby due next month, so that I have some safe toys for him/her to grow with?

I don't think it would be a bad idea. In the next few days, I'm planning on buying up a bunch of stuff just in case, especially stuff that wouldn't be affected by the proposed exemptions.
 
#147 ·
I'm coming to this pretty late, I know, I think the reality of it just hit me! Forgive me if my questions have been asked recently, I don't have the brain power right now to follow all of the discussion in this thread....

Some questions:

Is there anything I can do today?

How does this affect consignment stores?

Will I be able to have a yard sale and sell toys, or list things on Craigslist?

I have seen this questions raised here, but I need direct responses or sometimes I just don't get it!
 
#148 ·
Quote:

Originally Posted by hrsmom View Post
I'm coming to this pretty late, I know, I think the reality of it just hit me! Forgive me if my questions have been asked recently, I don't have the brain power right now to follow all of the discussion in this thread....

Some questions:

Is there anything I can do today?

How does this affect consignment stores?

Will I be able to have a yard sale and sell toys, or list things on Craigslist?

I have seen this questions raised here, but I need direct responses or sometimes I just don't get it!
I think the problem is, there are no answers to your questions, because we just don't know.
 
#149 ·
"I think the problem is, there are no answers to your questions, because we just don't know."

Yes, this is a pretty big issue... Within the cloth diaper industry at least it seems that some of the manufacturers lawyers have told them they are fine, while many of them are saying that yes, this effects them too. I think the big problem is in the legal interpretation of the law and not necessarily the law itself. It seems to me that what I have read has indicated that the law was written out and passed and then the committee went and wrote this long, hard-to-decipher document on how to decipher and apply the law.
:

"Is there anything I can do today?"

Contact your rep if you want but almost everyone has received back form letters thanking them for their support and indicating that they didn't actually read the letter or care what anyone had to say.


"How does this affect consignment stores?"

The way the interpretation is written now it will effect them the same as normal retailers would. I *think* someone is working on getting them an exemption for selling OOAK items, but whether or not that will come to fruition,


"Will I be able to have a yard sale and sell toys, or list things on Craigslist? "

The way it is written NOW, I would say you would be violating the legal interpretation of the law to do this. Which is one of the reasons it is so absolutely ridiculous. I doubt they would be able to enforce it and as the general public is absolutely clueless about it I doubt you are going to see a drastic reduction in yard sales but again it *could* be a risk.

What makes me even madder is the fact that there are now "approved" third party testers in China *and* there is a loophole (imo) in the law which will allow for certain manufacturers to have their "third-party" testing done on-site. Isn't this where all the problems began?! Weren't these manufacturer's breaking the law last year??? But why worry our little heads - we can now be assured that the government is *actually* going to pay attention to what is in our children's toys!
 
#151 ·
Quote:

Originally Posted by NoliMum View Post
I doubt it will affect resale. Garage sales have no regulations- I could sell you a can of lead paint out of my garage any day, and that have been banned for 30 years. Resale shops sell products "as is" and they are not always safe because of the use and abuse they've been through, with missing parts, breaks, etc.

I don't see daycares being forced to purge and restock their toy supplies, either. They just won't be able to buy the old stuff anymore.

I do wonder what Waldorf school stores will do.
LA times says thrift stores are getting ready to dump their stock:
http://www.latimes.com/business/la-f...,2083247.story
 
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