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The Consumer Product Safety Improvement Act: Champion of Safety or a Bane to Small Businesses?

Posted on January 21, 2009
by SustainLane Staff

In 2008, the Consumer Product Safety Commission passed the CPSIA, citing lead-laden toys, recall after recall of toys, and chemical- infused plastics that made kids sick. Mandatory third-party testing sounds like a good concept, but what about the little guy?

When the CPSIA went up for vote in Congress last year, it received near-unanimous support. The bill passed by a margin of 89-3 in the Senate and 424-1 in the House.

With numbers like that, you’d think the act was the best thing since sliced bread. “Toxic toys” have pulled at the heart strings of millions of concerned parents who fear that the toys that bring their children joy could also be causing adverse health effects. One environmental group tested thousands of popular toys and discovered that one-third contained high levels of worrisome chemicals .

The Consumer Product Safety Commission passed the CPSIA on the heels of massive toy recalls and million dollar settlements. The act bans lead and phthalates from children’s toys , mandates third party testing and certification, and requires manufacturers of all goods for children under the age of 12 to permanently label each item with a date and batch number. Everything from children’s toys, clothing, books, and educational materials are regulated by the law, meaning that all companies who make these goods must abide by the new rules.

Compliance may be feasible for the Mattels and Fisher Prices of the industry. But for smaller companies, adhering to the new law is a stretch and, some say, impossible. According to Change.org, just one item could cost as much as $4,000 dollars to test. Opponents of the law say that it is unfairly applied to all companies that produce goods children might use when the intended targets were large-scale corporations with overseas factories.

And it’s not just new products that have to comply; all children’s merchandise is subject to the new rules. After February 10, 2009, it will be illegal to sell or give away to charities uncertified items. The government will require their destruction or permanent disposal.

Is our country to be set ablaze with bonfires of contraband sweaters, stuffed animals and sporting goods that don’t pass the CPSC’s muster?

Overwhelming Congressional support for this act says yes.

What do you think of the CPISA? Should it be amended to help out the little guy? Or should it stay as is? Leave your comments below.

Comments

Jordana G.
1/23/2009 1:44 pm

Jordana G. says:

Forbes' Walter Olson has been writing about this act. He says the bill "[threatens] to wipe out tens of thousands of small makers of children's items from coast to coast, and tak[es] a particular toll on the handcrafted and creative, the small-production-run and sideline at-home business, not to mention struggling retailers."

Think thrift store workers and Etsy crafters, he says.

Here's his first take on it: http://www.forbes.com/opinions/2009/01/16/cpsia-safety-toys-oped-cx_wo_0116olson.html

And here's his second: http://www.forbes.com/2009/01/22/cpsia-waxman-cpsc-oped-cx_wo_0122olson.html

Diana Budds
1/23/2009 4:47 pm

Diana Budds says:

I'm for the safety of kids, but this law is flawed. Banning lead and phthalates is great, but there should be a longer transition period. The bill was passed in 2008 and goes into effect in just a couple of weeks. While large companies can likely deal with that timescale, smaller businesses won't be able to. For smaller businesses that can't afford the testing, perhaps there should be a label on toys similar to surgeon general warnings on cigarettes?

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