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Toxic Toy Bill Turns into a Toxic Mess?

Janelle Sorensen
Monday, December 29, 2008

We were so happy in July that Congress passed the Consumer Product Safety Improvement Act to overhaul the regulatory system and get lead and some phthalates out of children’s products (among other things). Now, some of our favorite European toy manufacturers and throngs of small craftisans and children’s product entrepreneurs are up in arms about how much it will cost to fulfill the testing requirements. Many fear they are on the brink of collapse. How did our good intentions go so awry?

I’m still trying to wrap my head around the outfall. There’s clearly a need for a reformation or reinterpretation of the Act, but what exactly can we do? A lot.

• Visit National Bankruptcy Day.

• Visit The Handmade Toy Alliance.

• Listen to “Toying with Safety.”

• Vote to save handmade toys at Change.org.

• Read Jennifer Taggart’s (aka The Smart Mama) detailed assessment of the new lead regulations, and why so much confusion has ensued between passage and enactment of the regulations.

• Read ZRecs’ outline of how to comment and five other things you can do.

• Read The Washington Post’s comprehensive coverage of the issue, “Toymakers Assail Costs of New Law.”

• Visit the Fashion Incubator’s Forum for discussion about the CPSIA and consumer safety (a lot of great discussion with retailers and consumers, as well as tons of links to the latest articles and news coverage).

We are also planning on focusing one of our upcoming Green Grapevine conference calls on this issue. Watch our blog for future updates.

 

Posted by Chris Larder  on  01/04  at  08:39 AM

Janelle,
I have used your site to find information about products, companies and activities to help guide my choices for my new little man (William aged 7 weeks).  I was saddened to read recently about your thoughts on legislation regarding the toy industry and the concept of regulating in general.
Government exists to protect the rights of all citizens to makes their own choices and pursue their own values.  Government does not exist to force some citizens to act as other citizens would have them act.  Government is an agency of force and when it uses that force against some citizens at the behest of others we have left the path of a free society and started down the road to tyranny. 
When you pick up the stick of government, in the form of legislation, to force others to act as you would like them to you cease to be an advocate and resource for parents like me and you instead become an oppressor of those with which you disagree.
In a free society William will use all the resources at his disposal to make the best decisions he can to pursue a happy and healthy life.  Compelled by force to act in the way in which others want him to I fear that the choice to live the way he wants may not be his and it will be more detrimental to his well being than all the poison toys in the world.
In closing I would ask you to please continue the fine work of researching and informing but leave the political lobbying and legislating aside, it can only lead to bad ends.
I will leave you with a quote from “On Liberty” by John Stuart Mill:
“Mankind are greater gainers by suffering each other to live as seems good to themselves, than by compelling each to live as seems good to the rest.”
Regards,
Chris Larder

Posted by Janelle Sorensen  on  01/05  at  12:14 PM

Thanks for your comments, Chris. Healthy Child has always been a proponent of legislation that aims to protect the environment and health. I respect your concerns, but don’t believe that we are aiming for tyranny based on what we believe is best for the populace.
Quite the contrary, we believe in a healthy democracy that works to empower the populace and is open to all viewpoints. A robust government and society that can (ideally) merge the wisdom of a broad spectrum of experts and citizens in order to (among other things) provide fundamental protections for the health of our youngest citizens.
I’m glad you find our research and tips useful, but we also hear often from parents that they wish the regulatory system was better at protecting their children. They’d rather “research” less and spend more time playing with their kids (or taking a moment to relax - we could all use more of that).
All that said, we aim to continue to provide the information and resources necessary to meet the needs and desires of our entire audience. This includes dissecting the science, providing easy tips, recommending safer products and services, and promoting safer policies.
We believe in “we, the people.” It is up to all of us to make our government work for all of us.
Thanks again for giving us the opportunity to clarify “why we get our hands dirty” by engaging in legislative efforts.

Posted by ed docherty  on  01/07  at  06:55 PM

Don’t compromise.  These manufacturers had only one thing in mind when making their product. Profit. Profit was the parent of PVC & phathlates.  Somebody needs to regulate and it is not the toy industry. If they go out of business, tough.  New manufacturers with concern for the children and the environment will come along. Jobs will be created in the new companies.  Poor Jill & Johnny will just have to suffer with less cancer causing chemicals to chew on. Maybe we should bring back asbestos.

Posted by Janelle Sorensen  on  01/07  at  07:41 PM

Hi Ed-
You’re right that the essence of this bill was intended to address toy manufacturers that care about profits more than safety. Unfortunately, it has unintentionally hit the small, newer manufacturers (and hand made crafters) that exist solely because of concerns for the environment and children.
I encourage you to join our conference call to discuss this important initiative on 1/15 at 1PST. Go to http://healthychild.org/blog/comments/lets_talk_about_the_toxic_toy_bill_cpsia/ for all the details.

Posted by rowdy  on  01/07  at  10:44 PM

Wow Ed, you clearly aren’t clear on any of the issues of the CPISA.  What about those specialty companies and individuals who have taken great pride over the years to provide exactly the types of products we all want to see for our kids.  You don’t care if they are all bankrupted while the Mattel’s of the world capture the entire children’s product market in the US.  So Ed, does crime really pay for the Mattel’s?  With people like you and your lack of valid information, it’s no wonder we’re sitting in this position.  Hmmm, me thinks you should go back and read the law before emoting about it in a public forum.

Posted by leanne  on  01/08  at  04:40 PM

well if they go broke becasue they can’t afford the new testing, then they should be out of business and stop putting our child at risk becasue they have those chemicals in thier products.

Shame on them

Posted by Janelle Sorensen  on  01/08  at  09:29 PM

Leanne,
The real problem is arising because small companies that are very intentional about avoiding lead and phthalates will go out of business unless they test every item (which is simply financially unfeasible and a rather ridiculous request - for example, there shouldn’t be any need to test an unfinished wooden toy for lead).
I encourage you to hop on our conference call on January 15 at 1PST to learn about the complexities of this bill, the unintended consequences, and what we can do to make it better reflect our desires to protect children.

Posted by ed docherty  on  01/08  at  09:36 PM

Lead is a stabilizer used in the manufacturing of PVC.  It is the least expensive stabilizer.  Other stabilizers are available. Force them to use anything but lead.  Ditto for plasticizer. There are alternatives.  They may cost more but so what. Good intentions usually make way for profit. Don’t compromise.

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