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Commission delays lead testing in toys

Shoppers check over toys before purchasing at Toys 'R' Us in Times Square in New York City.

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TEXT OF INTERVIEW

TESS VIGELAND: Toy makers and toy sellers have dodged a huge regulatory bullet. . . sort of. The Consumer Product Safety Commission is delaying new rules that would force toy companies, big and small, to test for lead and other toxic materials. The rules were supposed to go into effect a week from tomorrow. But now there's another year to comply.

Marketplace entrepreneurship reporter Mitchell Hartman has been following this story from Oregon Public Broadcasting.

Nice to talk to you, Mitchell.

MITCHELL HARTMAN: Thanks, Tess.

VIGELAND: Why the sudden change?

HARTMAN: Well, you know, when this law was passed there wasn't a person in Congress who wanted to be voting for lead poisoning by irresponsible toymakers. But then the Bush administration's Consumer Product Safety Commission started trying to actually write the rules. They were slow. The rules were entirely unclear. Businesses still don't know what exactly they're supposed to test and how to label it. So, Congress and the bureaucrats were under huge pressure from businesses, basically for a top to bottom redo.

I mean, hand-crafters at places like Etsy.com were saying they were going to sell off their entire stock and shut down. I talked to one small toy company, it's called Accoutrements -- they're responsible for the likes of something called the Sigmund Freud action figure and something called the yodeling pickle.

VIGELAND: The yodeling pickle? OK.

HARTMAN: Yeah, everybody needs a yodeling pickle. Mark Pahlow is the CEO of this company.

MARK PAHLOW: We've stopped all new development of any new toys and we're in the process of discontinuing about 200 products because the lab testing is going to cost more than the products themselves.

VIGELAND: So toy makers are obviously breathing a sigh of relief at this point?

HARTMAN: They feel like their concerns about costs and over-regulation are being heard for sure. They still can't make or sell anything that has too much lead in it and those lead limits still go into effect February 10.

VIGELAND: So for business owners like Pahlow, this is, as we said, a bit of a relief. What about for parents who now have no guarantee over the next year that the toys are safe?

HARTMAN: Well, that's right. They don't. That said, toy makers and toy sellers are still not allowed to sell anything that has too much lead in it. They just don't have to test and certify yet.

VIGELAND: All right, Mitchell, what's next?

HARTMAN: Well, this is businesses' best chance to get permanent exemptions in this law. They'd like to see a bunch of materials waived from testing -- wool, natural wood. They'd like to see not having to test final products, if the components have already tested lead-free. They'll be weighing in on Congress for sure. Congress is Democratic, likely to be friendly to consumer-safety advocates and children's health people. But, they are hearing from their constituents they don't want to see toy makers and toy stores shut down either.

VIGELAND: Marketplace's Mitchell Hartman, joining us from Portland, Ore. Thanks so much.

HARTMAN: By the way, Tess, do you want to hear the yodeling pickle?

VIGELAND: Oh, Mitchell, do I have to?

HARTMAN: Well, you know it may disappear from the marketplace and then you'd be sorry.

[sound of yodeling pickle toy]

VIGELAND: I think that's enough. Thank you very much. And thank you to Mitchell Hartman, joining us from Portland.

HARTMAN: You're welcome, Tess.

About the author

Mitchell Hartman is the senior reporter for Marketplace’s Entrepreneurship Desk and also covers employment.

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Alex Stuart's picture
Alex Stuart - Feb 2, 2009

CPSIA reaches far deeper than the regulation of toys, it includes all children's clothing, children's decor, and in fact any item marketed or distributed to children under the age of 12. This includes every library book for children currently in every public library in the nation. In addition it includes school text books and sporting equipment currently in use. Industry leaders in the publishing trade and the apparel trade have met with CPSC to detail to them that print books and textiles do not contain lead - all to no avail. The American Library Association has pleaded with the CPSC to exempt children's print books currently on shelves. Without this exemption - when this law goes into enforcement all of those books must be removed from the libraries and be destroyed. It is hard to believe that Congress or the CPSC ever intended to burn books. But this is indeed what will take place. The Stay of Enforcement has some rejoicing temporarily that there will be some revisions made to CPSIA or repeal during the course of the Stay and that small businesses and home cottage businesses may be able to remain in business. It would be hoped that this was the intent of the stay, but reading the statement issued by CSPC this was done to give them time to request more funds for enforcement and not to avoid the devastation that this law and regulation will result in on the economy and micro-businesses.

Dan Scott's picture
Dan Scott - Feb 2, 2009

Let's be clear: The "Stay of Enforcement" only gives the CPSC more time. IT DOES NOT GIVE BUSINESSES MORE TIME FOR ANYTHING. The effective dates and limits are unchanged. It’s the CPSC that “dodged the bullet,” not business. Do you folks understand the extent of this calamity? With the law as it stands, not only will you not be able to buy a book for a child under 13, you won’t be able to go to the library either. Well you can, but the shelves will be empty. Further, if your Aunt Martha sells an untested pair of hand knit baby booties at the church bazaar, she’s a felon, subject to a $100,000 fine and the booties are “Hazardous Waste.” We are experiencing the consequences one of the most far reaching legislative blunders in decades, and NPR takes the opportunity to morph it into a “Yodeling-Pickle” human interest story. It is interesting to watch (or listen), “as the ground shifts beneath our feet,” how quickly the media transitions from “SHOCK and AWE” to “MISS THE POINT and GIGGLE.”

Sonya Bingaman's picture
Sonya Bingaman - Feb 2, 2009

This report did a real disservice to the quality toy industry which is fighting for its survival - NOT in order to avoid testing, but to make testing reasonable in a way that handmade toys can survive, be safe, and be legal. Most handmade toys in the US are made from wood, safe finishes, cloth, wool, and other natural materials. These materials are inherently lead free and one of the major reasons the handmade toy industry was so vocal was to avoid extremely expensive and redundant testing on materials that are already safe. The thousands of small wholesalers and retailers of "natural" toys do so to provide safe, natural, and open-ended toys for our children - NOT to try to sneak lead into toys. Generally, that is what we find happening (occasionally) by mass-manufacturers in China and elsewhere when profit, quantity, and price-points are the motivating factors rather than our children's safety.

Many in congress didn't know (or ignored the fact) that many handmade toys are still made in America and that families do have options to buy handmade toys versus mass-manufactured toys. More serious coverage of this issue by NPR would be welcome.

Rob Wilson's picture
Rob Wilson - Feb 2, 2009

Contrary to what was reported in this story, businesses do not have "another year to comply." They have 8 more days to comply. They simply don't need to "prove" to the US government that the products affected by the stay are safe, through expensive third party testing. They have to ensure they are safe, which by the way, the vast majority of children's products companies have successfully done for many many years.

The comment was also made that parents have no guarantee that the toys are safe for the next year. First, the new standard hasn't been delayed, secondly, the rule for 3rd party testing of lead in paint has been in effect since December, and was not delayed. In fact, this is the reason why we have discontinued our beautiful wooden fruits & vegetables that use a very clean water paint for coloring, until further notice. The types of testing that received the stay are "substrates," or unpainted items, such as books, cotton, wooden toys (without paint), children's clothing, shoes, etc, which have not posed any danger in the past and are unlikely to pose any danger in the the future. So you can rest easy America. That is unless you care that natural toys, interesting children's clothing, hand made crafts, and other innovative products are at risk of disappearing, not because of any danger, but because of an overreaction to the narrow dangers of lead in paint and jewelry

The blame here doesn't lie with the CPSC. They have done what they could do to make sense of this overly broad, cumbersome, complex, and confusing law. Asking them to interpret or clarify the unreasonable rules in this law, does nothing to fix it. We need Congress to fix this before we lose thousands more businesses at a time when the country cannot afford to do so, and for no good reason.

Finally, what the story didn't cover, is the problem of the CPSIA being applied to existing inventory. Inventory that is safe for you to buy today, but not safe on February 10th unless proved otherwise. Can you imagine the monumental task of testing every size and style of every children's product in the USA with very little notice? There are thousands of companies, with millions (if not billions) of dollars worth of inventory that cannot be legally sold, without being tested to make sure they meet the standard. This would not happen in any other industry (consider new innovations in the auto industry...these are always grandfathered in, for a reason....to avoid bankrupting an industry).

The CPSC has stated that only Congress can resolve the issue of the retroactive application of this law. The giant clock is ticking. Will the media please report on this ticking time bomb rather than yodeling pickles?

Businesses and others can join the discussion at www.cpsia-central.ning.com

Daniel Fitzstephens's picture
Daniel Fitzstephens - Feb 2, 2009

The yodeling pickle was not really funny to me. The old Saturday Night Live skit where the disreputible toy company marketed the bag o' glass was funny. If this law goes into effect as is, a kid can still get a bag o'glass, because it's not specifically marketed for kids under twelve. That kid, though, won't be able to go to the Christmas bazaar and get a hand-crafted, hand-painted toy train -- and not because it's not safe -- handcrafted toymakers are not generally in the practice of making dangerous toys. The kid won't be able to get the train simply because the toymaker won't be able to afford the required testing. The CSPIA of 2008 needs serious reconsideration.

Marilyn Chalais's picture
Marilyn Chalais - Feb 2, 2009

Perhaps the time spent on the yodeling pickle was meant to be funny, but this is a very serious situation for small businesses facing financial ruin. The one-year stay of parts of the CPSIA for testing and certification just gives a bit more time to stay in business while Congress hopefully corrects the problems with this ill-written law. We all want safe toys, but this new law needs to be clarified and rewritten so that it can be followed without causing undue burden to small businesses in the US.

Sarah Natividad's picture
Sarah Natividad - Feb 2, 2009

Way to get in a dig at the Bush Administration! 10 years from now, you'll probably still be blaming them for everything evil in the world.

Seriously, you can't fault the CPSC for this. They did what they could with this turkey of a law. Congress thought they could get away with writing the vaguest law in the world and letting CPSC work out all the details in 6 months, when they were already saddled with two other laws of the same type in the same timeframe, and when Congress refused to increase their budget at all to hire new staff to deal with all these rules. If you were in their shoes, could YOU do any better? Or are you all just content to moan about the eeeeeevil Bush Administration because they couldn't just wave their magic wand and do it better?

dan marshall's picture
dan marshall - Feb 2, 2009

This goes way beyond yodeling pickles. You got about 1/10 of the story here. The CPSIA affects not only toys, but clothes, books, thrift stores, bicycles--anyone who makes or sells products for children. The law left no exemptions whatsoever. Even children's libraries were facing the very real prospect of closure on Feb 10. Read the press coverage cataloged at www.handmadetoyalliance.org.

This stay is a reprieve and a chance to get the law fixed. But it's not a complete fix and many companies will still be facing significant burdens as they attempt to comply with parts of the law which have not been stayed.

What we need is time for proper rulemaking from the CPSC and Congressional fixes for provisions of this law that do nothing to promote public safety but do substantial harm, particularly to small businesses.

This issue affects thousands of businesses and livelihoods. It deserves more thorough and less glib coverage by your show and by NPR as well, which has been entirely silent thus far.

Kate Millburg's picture
Kate Millburg - Feb 2, 2009

I was surprised to hear your reporter blame "the Bush administration's Consumer Product Safety Commission" for this problem.

Please see the Wall Street Journal's coverage of this issue for clarification ("Pelosi's Toy Story" published January 14, 2009; "Vendors Urge Relaxed Lead-Safety Rule" published November 18, 2008; and related stories).

The following excerpt from "Pelosi's Toy Story" clarifies the problem:

"The real responsibility lies with Congress, which rushed through "kid-friendly" crowd-pleaser legislation without considering the consequences. Despite warnings from small businesses, Illinois Representative Bobby Rush and California's Henry Waxman pushed provisions that now require pulling products from the shelf. Mr. Waxman demanded lead standards without allowing compliance to phase in."

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