Outreach to the Senate regarding Tenenbaum confirmation hearing on June 16th

by Jill Chuckas

Published June 10, 2009 @ 06:03PM PT

 

 

My Letter to President Obama

by Jill Chuckas

Published April 06, 2009 @ 05:29PM PT

Dear President Obama:

 

My name is Jill Chuckas and I own a small home based hand crafted children’s accessories business in Stamford, CT.  Since December of 2008, I have been working with the Handmade Toy Alliance (www.handmadetoyalliance.org) to bring awareness to and changes within the Consumer Product Safety Improvement Act (CPSIA).  Unfortunately, this very well intended piece of legislation that I applauded Congress for undertaking, was written so broadly that my product line, as well as thousands of others, has become one of the unintended consequences. 

 

This past Wednesday, I, other representatives from the Handmade Toy Alliance and 24 other industry organizations that are negatively impacted by the CPSIA, joined together at a rally on Capital Hill to discuss and share our concerns with each other and Congress.  Afterwards, we attended a multitude of Legislative meetings with our Members of Congress.  Personally, I met with Rep. Jim Himes and staffers from Sen. Lieberman’s, Sen. Dodd’s and Sen. Kerry’s offices.  This was an exhilarating process that myself, as an ordinary citizen, had never imagined I would undertake.  But in this great land, it is both a person’s right and duty to call upon their leaders for help and guidance when they see a problem that needs to be fixed.

 

The overall consensus of those of us at the rally is that a technical amendment to the CPSIA is needed so that those of us producing safe products that are below the limits set forth within the legislation but can not afford to prove this compliance, as well as those who produce products that for one reason or another should be provided permanent exemptions (such as books, resale shops, ATV and motorbike sellers).  To give but one example of these unintended consequences, I create a soft clutch ball for children ages 4 months and up.  Like most small scale manufacturers and artists, I work in small batches – usually about 10 in a production run.  The way the law is currently written, as of August of this year, I would need to send one clutch ball of each run in to a third party accredited laboratory to test for lead and phthalates – a component in plastics.  There are no plastics anywhere on the ball, but because it is intended for children under 3, it would need to be evaluated for this toxin as well.  The test is destructive, so I would not get my clutch ball back.  And, they would break it down into components – 5 for this product - and perform the tests – to the tune of an average price of $75 per component for lead and $250 per component for phthalates.  That totals $1500 to test 1 clutch ball that retails for $16.50. 

 

Now, after I receive the test results, I would need to permanently mark each clutch ball with a distinguishing label listing place of manufacture, company information, date of manufacture and identifying numbers for the batch – different labels for every batch, or run, of 10 clutch balls.  The tracking on this alone is burdensome, and would only prove to increase administrative costs without any safety enhancements.  For one of a kind artists, this process would be impossible.  The other key point that needs to be made is that fabrics are inherently known by science to be lead and phthalate free (as long as no coatings are added).  Component based testing – where the supplier of my raw materials would certify the compliance of my components – would be a much more logical, cost effective approach to prove compliance, but the law does not allow for such flexibility.

 

On Thursday evening, a vote was held on the Senate floor for S.964 – an amendment presented to remedy some of the unintended consequences of the CPSIA.  It is my understanding that just prior to the vote, Sen. Pryor assured the Democratic leadership that Commissioner Moore of the CPSC has gone on record stating that the Commission has the authority and the discretion to address the issues of implementation – that the law does not need to be amended.  Instead of a change in the law – a change in the leadership at the CPSC (Acting Chairman Nord) is needed to enforce the law with common sense.  This is something that I have been told time and time again.  I so badly want to believe that it is true.  Two things in particular make me believe differently, though.  First, the NY District Court overturned a ruling that the CPSC had made regarding phthalate retroactivity and put the industry in a whirl wind just a few days prior to the date of implementation.  Secondly, just last week, the CPSC had the opportunity to grant an exemption to ease the burden on the motor bike and ATV industry.  Rather than voting to grant the exemption, Commissioner Moore voted against the exemption.

 

So today, I call on you Mr. President, to please help me and so many other small business owners like me.  If new leadership at the CPSC is all that is needed, then please appoint someone quickly.  As it stands, I will be put out of business on 8/14/09.  Not because my products are unsafe, or because of the state of the economy.  But instead because I can not afford the testing protocol that the CPSIA imposes on my company.  I need your help and your guidance to save small business from the CPSIA.

 

Thank you for your leadership.

 

Best Regards,

 

Jill Chuckas

Owner, Designer – Crafty Baby

Secretary – Handmade Toy Alliance          

Response to today's editorial in the New York Times

by Jill Chuckas

Published February 18, 2009 @ 06:06PM PT

To the editorial staff at the New York Times

Re: Is that Fabulous Toy Safe?

While we at the Handmade Toy Alliance are certainly happy to finally see some coverage in your newspaper regarding the Consumer Product Safety Improvement Act (CPSIA), we are disappointed by the characterization that “The delay has caused confusion and allowed opponents to foment needless fears that the law could injure smaller enterprises like libraries, resale shops and handmade toy businesses.” This is certainly not the case. Our member businesses create and sell safe, non toxic products for children. Our issue with the CPSIA has nothing to do with an inability to provide safe toys. It has to do with the inability to cost effectively prove that we have safe toys. We must also point out that this law is not just about toys, but rather all products intended for children aged 12 and under.

We must also take issue with the following statement, “The law provides ways to address such concerns without undercutting its new and vitally important protections against lead or other toxic substances in children's products.” Unfortunately, the law does not address our concerns. We agree that it is vitally important to have protections in place to keep toxins out of our children’s environments. Many of our member businesses began their companies as a reaction to the toy recalls. They take extra care in researching the products they make and carry in their stores, and are completely involved in the production process. Rather than supporting these businesses, the law requests costly third party redundant testing that would effectively put thousands out of business. If large corporations are all that stand after this law is implemented as is, then who is truly served?

The stay of enforcement does not negate the lead limits or phthalate ban. In fact, the CPSC was quick to point out in their press releases that they do not have the authority to override the limits. Therefore, manufacturers still need to comply with the letter of the law.

Whether or not Nancy Nord is removed from the CPSC remains to be seen. Regardless of who finally sits in that position, it is unlikely that this person will be “the kind of enlightened leadership that every parent and toy lover needs and that will give consumer safety the priority it deserves,” as you state in your editorial, primarily because the CPSIA as it currently stands does not truly protect the consumer. It only serves to remove from the consumer’s hands precious products that were already safe to in the first place.

We encourage you to contact us directly and report on our side of this issue. Our grassroots alliance has 317 members and has gained national attention. We are parents, grandparents and consumers, not lawyers or lobbyists. We create, sell and promote safe children’s products without lead and phthalates. Feel free to contact any or all of our member businesses. We are more than happy to share with you our stories.

Jill Chuckas

on behalf of  The Handmade Toy Alliance

Facebook and Twitter and Blogging, oh my (think, Wizard of Oz)

by Jill Chuckas

Published February 03, 2009 @ 07:33PM PT

I admit it.  I am "technology impaired".  I don't have a Facebook account and I'm still trying to figure out what a "Twitter" is.  I'm not completely challenged - I am blessed to have a husband who is a web developer and knower of all things computer.  So, I have an excuse, maybe. 

I have never blogged before and only recently begun reading blogs.  The CPSIA had the "unintended consequence" of making a blogger out of me.  Now, this is probably a good unintended consequence, and certainly not what we generally talk about as an unintended consequence, but there it is.  Me - imagine that!  Embracing technology!  It is amazing.  I have found this to be one tool that I can use to fight to change this well intentioned, but over reaching law.  Frankly, I would rather be in my studio/ office sewing children's nap mats until my hearts content.  Or speaking with my girlfriends instead of the aide at my Senator's office, but this is my life since the CPSIA. 

How has your life changed?  What are you now doing that is different since the CPSIA?  Are you like me, taking on new skills and challenges?  Embracing things that you never imagined you would do?  It is empowering, I must say.  The first week or 2 after I found out that the CPSIA would affect me, I wanted to crawl under my covers and sleep for a VERY, LONG TIME!!!!  Then, I joined the Handmade Toy Alliance and got busy.  How about you?  Tell me what you are now embracing that surprised even you!

Jill Chuckas

CraftyBaby.com