Stores, toymakers want less stringent lead-safety rule

Last year, Mommas were lighting up message boards all over the country trying to find out why there was so much lead in our kids' toys. Several high-profile toy recalls in 2007, including those from Fisher-Price and Mattel, led Congress this year to require manufacturers to meet higher standards to screen out lead. Retailers will be forced to stop selling any inventory that doesn't meet those standards starting Feb. 10. Each violation risks a $10,000 fine.

But with the downturn in the economy, toymakers and retailers are now asking lawmakers to relax those rules, the Wall Street Journal says. One retailer said that he has written the Consumer Product Safety Commission and congressional staffers to ask for more time to sell-off older inventory. The National Association of Manufacturers and other trade groups have also asked regulators and Congress not to apply the new lead standard to products made before the standard was set.

So with the economy in a pickle, what will lawmakers do? Federal safety officials are already worried that money woes will cause parents to buy used toys that may contain lead or have other safety issues. And with lead being used in everything, how can you be sure that the amount used won't cause a problem, especially for children?

Of course, as The Daily Green points out, the problem with loosening the rules " is that lead causes permanent brain damage ... Lead exposure -- even in relatively small doses -- has been linked to learning disabilities, behavioral problems, even violence."

There is some good news: thanks to tighter enforcement of rules that already are in place, fewer toys have been recalled this year than last. In 2007, a record 112 toys were recalled because of lead paint or poison; this year, there have been 64 recalls, according to this MSNBC story.

So what should we do -- relax the rules and hope that none of the bad shipments make it to our kids or keep the rules in place and risk hurting businesses that are already in pain? I know what I would do -- keep the rules! -- but what do you think?

-- Sherry Robinson

[Photo: Times files of a Thomas train that had been recalled]

Comments

[Nathan]

I'm a parent of three girls. I would do anything to make them safe. While I agree in principle with the law, it's too broad and it's just something Congress can point to as "what they did" about the China toy problem without true thought or actual work.

We all have to accept the fact that no matter what we do, what we remove, what we pad, there will always be something that can harm our kids. Short of putting them in a plastic bubble, let's try to be realistic about what steps we take to protect them without going all OCD. Toys that kids 4 and under will play with or wear? Absolutely. Test the hell out of them. If you, as a parent, can't teach your kid to not put foreign objects in their mouth by that time don't try to pretend you're qualified to support such a wide-ranging and economically-damaging law.

Take, for example, video games, which would require expensive testing under this legislation. What reasonably responsible parent would leave their 4-or-under child alone to the point where they'd have the opportunity to put it in their mouth?

I am absolutely worried, like any parent, about the safety of my kids. However, vague, over-aggressive, soapbox legistlation does not replace responsible parenting.

[Steve]

VERY poorly written and implemented law. The lead content rules pertain to any consumer product that cold be used by kids under 12. Think about how many products that is. Also it is not clear how the lead gets into the kids system. Do you think kids are going to put bicycle wheels in their mouths? This is the type of absurdity being debated by people who have not read the 100 page law. Congress write the law and forced the cpsc to implement it before any regulations were written. brilliant. Dont discuss things you dont know anything about. This is the problem with blogs and people talking about things they have no background in. This law will be wonderful for our economy with all the bankruptcies of small businesses. Toys will vanish off the shelves in Feb 09 due to the fear over this law so dont worry about lead.

[kathleen fasanella]

On the face of it, this legislation would appear to protect children toys but it's so much more than that. The problem is very poor implementation and unclear regulations.

Believe me, none of us are arguing the necessity of safe products! What few know is that this affects ANY manufacturer of children's and adult products including apparel (I work in the apparel industry). This means a lot more than toys. It includes clothes, diapers, blankets (housewares), books, videos, computer and electronic products, strollers, cribs, car seats, and anything humans come in contact with in their environment.

I realize people think this will put the brakes on irresponsible Chinese imports but the law applies to everyone, U.S. made or importer. Most domestic manufacturers have been testing their products but the law requires another type of testing that is much more expensive.

Contrary to popular belief, MOST domestic U.S. manufacturers (68%) are small companies with fewer than 20 employees. The required 3rd party testing (there aren't even enough labs to do the testing) will cost upwards of $30,000 for a tiny line of ten styles in three colorways. If you're a big company, that's no problem but for small companies who only make a few pieces (you know, the cool stuff moms like), $30,000 is the cost of production meaning their costs will double. Most of the designers I know are either going out of business (the final nail in the coffin of U.S. manufacturing) or holding off on production which means there are a lot more job losses to come in Jan/Feb that haven't even been counted yet. By this I mean that because they're sitting the next season out, even if this law is rescinded, there WILL be job losses. The only question is whether those job losses will be permanent. And all at a time when the economy is least able to withstand it. Again, contrary to popular belief, more Americans are employed by small businesses than large ones.

Come February 10th (many are calling that National Bankruptcy Day), all of the clothes, toys, books, strollers, videos, computer games, videos that aren't certified will be pulled from store shelves. I guarantee that prices consumers pay will double because it'll be more costly to produce and since nearly no one is compliant under the new rules, there won't be many products to pick from. Which also means more stores will go out of business and more unemployment. The only store that'll have a limited selection is Wal-Mart, further pushing independent retailers out of business.

Again, we don't quarrel with the necessity of safe products for adults and children. The problem with this law are the rules of implementation.

[Tom]

I guess Mike and Christine are not parents or just don't care about safety.

[mike]

Right on, Christine!

[Christine]

teach kids not to eat toys

[Grandma Cris]

You don't EVER EVER relax the rules on toy safety. Toy prices are already jacked up so toy sellers & manufacturers get their profits. Don't put a price on children's health. NO LEAD IN TOYS--period!