The following is an article published by the Bureau of National Affairs, a news and information service for government and business:

Businesses, Republican Lawmakers, Others Call For Amendments to Product Safety Law

April 2, 2009

Small and large businesses, association executives, and Republican lawmakers at an April 1 rally called for changes to a product safety law that they say is wreaking economic havoc, driving small companies out of business, and reducing consumer choice in products.

Speaker after speaker said the Consumer Product Safety Improvement Act (CPSIA) was well-intended, but has had far-reaching, unintended consequences, including costly testing requirements for lead and phthalates in products that do not contain lead or phthalates.

Between 200 and 300 people attended the industry-sponsored rally at the Capitol.

“Thanks to the flaws in this new law, millions of perfectly safe products are in the process of being destroyed, costing U.S. businesses billions of dollars in the midst of one of the worst economic crises in history,” said Rick Woldenberg, head of the Alliance for Children's Product Safety, which is a coalition of small business owners, manufacturers, crafters, and entrepreneurs.

Testing Costs, Destroyed Products

Jill Chuckas, with the Craft Baby, Handmade Toy Alliance, makes handmade items for children and described how the law has affected small crafters. When large numbers of imported toys were recalled, she noted her business increased because parents wanted safe toys that were made in America. But now the CPSIA will put her out of business in August, she said.

While Chuckas contended her products are safe and contain no phthalates or lead, she cannot afford to test her products to comply with requirements. For example, a child's clutch ball, which retails for $16.50, would cost $1,500 to test. She also pointed out that the testing destroys the products. For one-of-a-kind items, testing is impossible.

Forthcoming tracking label regulations due in August, are also burdensome for the small home crafter, she said.

Many of Chuckas's comments about testing were echoed by other speakers who also make and import speciality items for children.

Children's book author Carol Baicker-McKee argued that vintage books, which were made before 1985, are safe and should not be taken off library shelves. CPSC exempts children's books made after 1984 from lead requirements. Baicker-McKee pointed to a 100-year-old children's book, which she said was both beautiful and safe for children.

Citing data from the Centers for Disease Control and Prevention, Becker-McKee pointed out there has never been a case of a child poisoned by a book. She also pointed out that tests for lead would destroy these rare, vintage children's books.

Republicans Discuss Law's Issues

A number of Republican senators and congressmen visited the rally to discuss the unintended consequences of the law and what could be done to address the CPSIA issues. They said they were impressed with the numbers of people who turned out for the rally.

Rep. Joe Barton (R-Texas), who was one of the conferees on the CPSIA, said the law did not provide authority for the Consumer Product Safety Commission to interpret some of the bill's provisions and grant needed exceptions.

Barton and Rep. George Radanovich (R-Calif.) introduced a bill March 31 (H.R. 1815) that would amend the CPSIA and grant more flexibility to the commission.

Barton cautioned the crowd—many of whom planned to visit congressional offices to plead their case—that Washington is a “majority-minority town, and the majority sets the rules.” Barton said he does not want the CPSIA to be a partisan issue. He urged attendees to be “nice” to Democrats when visiting their offices, and not to say mean things about the Republicans either.

Radanovich told the attendees, “your numbers are impressive,” and he urged them to tell their representatives why Congress needs to revisit the CPSIA and “make it better.”

Sen. Robert F. Bennett (R-Utah) said, “We have to make Congress fix this. Please let everyone know your battle cry.” Bennett introduced S. 389 Feb. 5 to delay the CPSIA ban on lead in children's products.

Rep. Denny Rehberg (R-Mont.) said when libraries worry about taking books off the shelves, it might get the attention of the Democratic leaders.

Consumer Groups Respond

A coalition of consumer groups issued a statement April 1 in response to the industry-sponsored rally. The group claimed that the CPSIA is a “strong and necessary law that protects our families and repairs our broken product safety net.”

The statement was issued by the group's members, including the Consumers Union, Consumer Federation of America, Kids in Danger, U.S. Public Interest Research Group, National Research Center for Women and Families, and Public Citizen.

The consumer safety advocates placed the blame for anxiety about the law on CPSC acting Chairman Nancy A. Nord for a failure of leadership. It also charged that industry has orchestrated attempts to question the law and call for weaker protections. The group provided the media a chart demonstrating how the commission can “reasonably address each complaint under the law.”

The law already gives CPSC the power to address issues with the CPSIA, according to the statement. “But the CPSC is failing to respond forcefully to concerns, and that's why the law has generated so much anxiety,” the statement said. “President Obama must replace the old guard at the CPSC with new leadership that will carry out the law as intended.”

In a related development, CPSC acting Chairman Nancy A. Nord, in an April 1 letter to the President, also requested that he nominate a new chairman to the agency to move ahead on pressing agency matters.