New Consumer Law Might Render Handmade Toys Illegal
Photo by: Chilli Head
Back in August 2008, we presented an article called Uncovering the Truth About Toy Safety, in which we explained the challenges parents face when selecting safe toys for their children. Ironically, at the same time, the United States Congress was also at work on this issue in reaction to widespread product recalls on toys imported from China, mostly due to instances of lead-based paint. That same month, President George W. Bush signed what would be called the Consumer Product Safety Improvement Act into law, which on the surface appeared to be a victory for parents and consumers concerned about obtaining safe toys and gear for their kids.
Closer inspection of the law, however, reveals a disturbing fact for many Organic Green Mommies and Daddies who already opt out of buying plastic mass-produced toys in favor of handmade and wooden toys like the ones available in our Organic Green Shop: this law, meant to protect American consumers might very well ban all handmade toys in the United States and put out of business the manufacturers and toy companies who already produce natural and non-toxic children’s products who not only have been on the vanguard of this issue for many years, but are also contributing to the American economy and American manufacturing in a significant and positive way during a time of economic upheaval and uncertainty.
The reason why? The new law places requirements on all manufacturers of children’s items to submit their products for prohibitively expensive third-party testing, which can cost up to $4000 per toy, a figure that for many low-volume, low-margin manufacturers and “mom & pop” toy companies (many of whom stock the inventory here at Organic Green Mommy) would simply but them out of business. In addition, the law is so sweeping and expansive, that it covers not just toys, but virtually all products made for children under 12, effectively rendering illegal any and all handmade children’s clothes and other items found at craft fairs or produced locally.
Larger multi-national toy companies who produce hundreds of thousands or millions of units would have little trouble complying with testing requirements, as the costs involved could be spread out over a much larger manufacturing process and absorbed with little effect on their profitiability or final cost to the consumer. The result of the law: parents will have little to no choice when it comes to purchasing toys for their children and will be effectively forced into purchasing toys from the very same mass-market manufacturers who were the culprits behind last year’s toy recalls, or face the risk of buying toys and children’s products illegally.
Clearly this law is devoid of commonsense and undermines American manufacturers and entrepreneurs in a significant fashion. You can read the law for yourself by clicking here.
A recent article in the Boston Herald explains the plight of one independent retailer in Massachusetts who is extremely concerned about the impact of the new on his business. This retailer is not alone in his concern and now, many manufacturers, retailers, consumers, and concerned American citizens are banding together to influence Congress and President-Elect Barack Obama to revise the law to exclude handmade toys.
What You Can Do
There are many ways to help ensure Congress revises this law in a way that promotes choice and doesn’t put a thriving and growing manufacturing sector out of business.
1) All concerned parents should write their representatives in Congress.
To contact your Representative in the US Congress, click here.
To contact your Senator, click here.
Don’t know what to write? Here’s a tip, keep it simple and respectful. Here’s a sample letter you can cut and paste into your note to Congress (courtesy the Handmade Toy Alliance):
From: [your name and address]
To: [your congress person or senator]
Re: Changes needed to the Consumer Product Improvement Act (CPSIA) to Save Handmade Toys in the USA
Dear [your congress person or senator],
Like many people, I was deeply concerned by the dangerous and poisonous toys that large Chinese toy manufacturers have been selling to our nations families. And, I was very pleased that Congress acted quickly to protect America’s children by enacting the CPSIA.
However, I am very concerned that the CPSIA’s mandates for third party testing and labeling will have a dramatic and negative effect on small toymakers in the USA, Canada, and Europe, whose toy safety record has always been exemplary.
Because of the fees charged by Third Party testing companies, many toymakers, especially makers of unique and beautiful wooden toys from Maine to Oregon will be driven out of business. Their cottage workshops simply do not make enough money to afford the $4,000 price tag per toy that Third Party testers are charging.
I urge you to quickly rewrite the CPSIA so that toys made in batches of less than 5,000 units per year or manufactured within the USA and trusted countries with established toy safety regimes such as Canada and the European Union be held exempt from third party testing requirements. Such toys could still be subject to random auditing by the CPSC.
If you feel that testing should still be required, then the CPSC should be made to offer free testing services for USA toymakers and importers from Europe or Canada with revenues less than one million dollars.
These toy makers have earned and kept the public’s trust. They provide jobs for hundreds and quality playthings for thousands. Their unique businesses should be protected. Please visit www.handmadetoyalliance.org to learn more about this issue.
Thank you for your attention to this matter.
Sincerely,
[your name]
2) You can contact the Consumer Product Safety Commission, the legislative body overseeing the law itself.
Contact them directly by clicking here.
3) Sign the Handmade Toy Alliance’s petition.
4) If you are a Facebook person, you can become a friend of the movement there by clicking here.
5) Finally, you can contact President-Elect Obama’s portal for ideas by clicking on the widget below:
Bottom line, it’s not too late to force Congress to alter the law and return rational thinking to the subject of children’s product safety. The important thing for all of us to remember is that safe and healthy choices should remain in the hands of parents, and that parents should remain vigiliant and empowered when it comes to deciding what products they purchase and use for their children. Legislating an essential function of parenting is not effective, efficient, or common sensical. This is a call to action for parents to reclaim their solemn duty of protecting their children and fostering their growth.
Have a comment, question, or idea for a post? Email Paul by clicking here. In addition to founding www.OrganicGreenDaddy.com, Paul maintains a blog over at www.monkeyinmymind.com, commenting on politics, sports, film, and whatever else his Monkey has in store for him.
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