CPSIA Sacrifices Budget for Baby Products Safety
Most parents are willing to spend a little more money on baby products to know that their child is safe. However, a new consumer products safety act in the U.S., designed to ensure that toys and other baby products are free of lead and other harmful chemicals, will soon add safety restrictions that could make it almost impossible to sell baby products secondhand, a change that will make outfitting baby much more expensive for many parents.
The Consumer Product Safety Improvement Act, which was passed last August, includes a ban on products that contain more than 600 parts per million of lead by weight if the products are intended for children under 12 years old. The law goes into effect on Feb. 10, 2009. The problem is that the lead requirement is retroactive, which means it applies to baby products and toys and clothes already in store inventories. It applies to resale stores, including your local nonprofit thrift shop. It probably applies to selling used baby gear on eBay. It may even apply to that fabulous stroller you splurged on, knowing you could always resell it later to recoup some of your costs. If you test the product for lead and it has more than 600 ppm, it's banned. If you don't test it and sell it anyway, you could be in legal hot water.
The retroactive component of the act may mean that many thrift stores will need to close down their children's departments, because they can't afford to test all of the products for lead. Many parents rely on the cost savings of used kids clothes, which may not be as readily available once this law is in place. As for the products that can't be tested or don't pass the tests, what happens to them? They can't be resold and kids aren't supposed to use them due to the lead content. I do want safer products for our children, but I don't love the idea of everyone taking their baby gear to the dump en masse.
There are other issues with CPSIA that could affect the kinds of baby products you see for sale this year. Another problem is that the safety testing standards are applied across the board, whether a company is very big or very small. Small companies may struggle to handle the cost of third-party safety testing and certification, and it is expected that some may go out of business as a result. Certainly, the time and expense involved in the testing may not be worthwhile to someone making only a few handmade items to sell on Etsy, so it's likely that we'll see fewer one-of-a-kind baby items for sale in the coming months.
If you're concerned about CPSIA and how it may affect resale, small business, or even your ability get rid of that box of baby clothes from your basement via eBay, write to your representatives in Congress and urge them to make some changes. Nancy Cowles, executive director of Kids In Danger, a child products safety group, suggests that you contact the Consumer Product Safety Commission, as well. According to Cowles, CPSC has the authority to address some of the issues with the act. Cowles was among ten product safety and special interest group leaders who sent a letter to CPSC Chairman Nancy Nord asking the agency to work quickly to address the widespread confusion over CPSIA. "We strongly recommend the launch of an information and education campaign that would help regulated entities to comply with the CPSIA, thus supporting the CPSC’s compliance efforts. CPSC must work with second-hand sellers to ensure compliance with the intent of the CPSIA – keeping dangerous products off shelves and out of our homes – while also presenting common sense solutions for these stores," the letter urged.
I would take that one step further and suggest that CPSC provide information on CPSIA for consumers. Confusion abounds on what this act will mean for the future of secondhand baby gear, as well as the future of toys and handmade kids products. CPSC could do a lot to minimize the rumors and fears surrounding CPSIA.
- Other CPSIA Information on About.com: Parenting Preschoolers, Stay At Home Moms, Working Moms, Toys
- Handmade Toy Alliance
- LA Times: New Safety Rules For Children's Clothes Have Stores In A Fit
- Fashion Incubator: CPSIA, Component Testing vs. Unit Testing
- LA Times: Regulators Rethink Lead Testing Rules


Comments
Thank you for spreading the word to your readers.
The Consumer Product Safety Commission issued a press release today regarding the consignment and resale industry’s liability with the CPSIA.
http://kidsconsignmentsales.com/cpsia.htm
I would like to thank Fashion Incubator for opening the forum to individuals who are concerned about CPSIA. Thank you to the individuals that discussed these matters (Kathleen, Eric, Vesta, Miracle, Melissa, Jen and others who publically posted their thoughts on this matter).
I certainly did not mean to offend anyone but only to get people thinking about these questions and possible answers, to let a broader audience who is not actively involved see what is being dealt with, and to possibly motivate someone into emailing CPSC with possible solutions. I know I have.
I do feel (or at least hope) that we are all in favor of the same thing, safe products for our children without putting unfair burden on small manufacturers, possible compliance from CPSIA with clearly defined and articulated legislation, reasonable testing methods that are affordable, and the avoidance of redundant testing so all businesses can comply whether large, small or micro.
I hope that people can set aside differences and egos and come together to address this so all affected will be able to continue their business after Feb 10th.
Thanks Heather, your comments are appreciated. I would like to mention the site name is Fashion-Incubator since the without the dash, one ends up at a Canadian site unaffiliated with my own. I’d also like to include the direct link to the War Room for up to the minute updates and focused activism where all information is factual, moderated and vetted for accuracy. Lastly, we are asking people to fill out the Economic Impact Survey to discount the misinformation campaign from special interest groups who claim we are exaggerating the devastating effects of this law. As a matter of fact, I’ve published preliminary results of the financial impact which demonstrates that minimally 110 Million dollars in losses are anticipated over just the next three weeks.
Hi Heather,
Your blog is very informative and helpful, and my wife and I really enjoy reading your articles.
When our first baby was born just over a year ago we settled for a used crib and crib mattress that we received from a friend. I did not like the mattress since it was not uniform in firmness throughout. As a result I began doing research on the topic and soon after I bought our baby Samantha a high quality and safe mattress. I realized it was a very important investment and as I got more into the topic and decided to try and help other expecting parents avoid the same mistakes that I did. It’s a work in progress that is called the crib mattress guide.
If you get a chance to look over it, I would be extremely grateful for any feedback or comments. Thank you for all the hard work and dedication that you put into keeping all of us informed.