Reforming Product Saftey Laws to Protect Children

Robin Bara
Contributor
Posted by Robin BaraApril 20, 2009 3:05 PM
Tags: None

In August of last year, Congress passed the Consumer Product Safety Improvement Act (CPSIA), in part due to the estimated 563 recalls in 2008 alone. A majority of the products were recalled on account of lead poisoning hazards, especially in children’s toys.

Public Citizen, a non-profit public interest organization stated that:

Under the CPSIA, beginning February 10, 2009, children’s products cannot be sold if they contain more than 600 parts per million (ppm) total lead. The total lead limit drops to 300 ppm on August 14, 2009. It drops to 100 ppm in 2011 unless the CPSC finds it is not technologically feasible.

The CPSIA mandates that manufacturers test each product for lead levels and certify its results. The manufacturer must furnish the retailer and distributor with these certificates. For items produced internationally, the company importing the items is responsible for issuing the certificates

To many, especially parents with small children, this law helps ensure they can purchase toys from a local retailer with more confidence that the product is safe and will not expose their child to lead.

Opponents the CPSIA contend that small manufacturers and local handmade craftsmen will be unfairly burdened and possibly forced out of business if they are unable to absorb the cost in testing and certifying its products. Under the new law, even manufacturers that produce items that have never been linked to lead poisoning must now conduct testing and certification.

In response to these concerns, Congress has taken steps this year to clarify what items are exempt from testing. Items among these exceptions include:

* Components with lead parts that a child cannot access;

* Clothing, toys and other goods made of natural materials such as cotton and wood; and

* Electronics that are impossible to make without lead.

In addition, the Consumer Products Safety Commission has posted a list of FAQs for manufacturers in an effort to alleviate some of the confusion.

Although a few exceptions have been made under the CPSIA, Congress has made it clear that regardless of the cost, children’s products must be safe.

Due to last year's recalls, the public has become more aware of the effects and dangers of lead poisoning. Its seems likely that once the law becomes more stable and widely known, consumers will only want to purchase children's toys that have been certified.

Consumers that are not confident in a product will simply not buy it, which means less business for manufacturers whose products are untested for lead levels.

Besides, recalls are bad for business and are costly to both the company's finances and reputation. Most agree that companies that promote consumer safety and product responsibility usually perform better in the markets because they develop loyal consumers. These companies know that lifetime consumers are one of its most valuable assets and worth protecting.

1 Comment

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Stan Flattley
Posted by Stan Flattley
May 01, 2009 3:55 PM

One of the most amazing aspects of this whole story (that is seldom talked about) is that many of the so-called "opponents" of the CPSIA were the very groups calling for regulation, including the requirement for independent testing.

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Meanwhile, the smaller businesses who are understandably confused and frightened by the rabid disinformation campaign that is now being waged against the law (even by the CPSC) More ... are struggling to know who to turn to for guidance. Clearly, industry leaders and lobbyists never had their interests in mind when it mattered most. More ...

Here's hoping President Obama appoints some new leadership to the CPSC to effectively implement this important, landmark safety law.

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