Democracy in Action - Interactive Civics Lesson

by Cecilia Leibovitz

Published March 26, 2009 @ 12:16PM PT

"...that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth."

The April 1 Amend the CPSIA Rally is intended to be a true demonstration of real democracy. This is a unique opportunity for teachers and schools to give kids a bird's eye view of how citizens participate in legislative processes and influence the path of government.  

The event will be streamed online as it takes place on Wednesday April 1, at 10:00 am. You will be able to watch it as a class at http://www.amendthecpsia.com and even participate in a live online chat through which questions may be asked.

Afterward, you can ask your students to write about the event. If you decide to do this, we'd love to know how it went, and to read some of your student reactions. You can write to us at webcontent AT amendthecpsia DOT com.

Find more ideas on how you can participate in the Amend CPSIA rally from your home state here.

CPSIA Congressional Briefing and Rally in DC

by Cecilia Leibovitz

Published March 16, 2009 @ 06:06PM PT

Update: This event will take place April 1, 10:00am at Capitol Visitors Center, Room HVC201 A&B, The US Capitol.

I'm excited to announce that fellow CPSIA activist and inspiration Rick Woldenberg has arranged a Congressional briefing and rally on Capitol Hill. In Rick's words:
"Having been repeatedly denied the opportunity to explore the issues created by the CPSIA in public hearings... we have elected to organize our own rally...for this purpose... By calling this rally and (Congressional briefing), we are announcing an end to old school "closed door politics" and shining a light on a matter of critical public importance during a severe economic downturn."

A wide range of speakers and participants will attend this event. It will include support from numerous trade organizations and is expected to feature remarks by members of Congress as well as scientists and representatives of various organizations affected by the legislation such as small businesses, libraries, charities and thrift stores. This event will also be open to the media.  

The event will take place on April 1. In spite of the ironic April Fools date, this is indeed very real, and is happening. Final details are still being arranged. More information can be found on Rick Woldenberg's blog:
http://learningresourcesinc.blogspot.com/2009/03/cpsia-rally-and-open-hearing-april-1-in.html

If you would like to join the team organizing this event (whether or not you'll be attending) please send an email to hearings AT cpsiahearings DOT com. Thanks so much for your continued support. We have come so far simply by speaking out about how this law affects us. I hope to see you in DC! 

The Politicization of the CPSIA

by Jennifer Grinnell

Published February 22, 2009 @ 07:29PM PT

After reading the opinion pieces this week in The New York Times (“Is That Fabulous New Toy Safe?” February 23^rd, 2009) and the Times and Democrat (“Demint should put children first.” February 18^th, 2009) regarding the CPSIA, the American consumer must be wondering, what is wrong with the children’s consumer goods industry? How could such a sensible law create such controversy?

Misleading rhetoric, unfortunately, is drowning out sensible discussion. People on one end of the American political spectrum would peg the CPSIA as part of the Democratic Party’s push for a “Nanny State,” or as motivated solely to benefit lawyers in a litigious society. On the other side are those who cheered its inception. They are appalled by calls to delay and amend the law, believing that any changes will “[endanger] the lives of millions of children.” The reality is that the CPSIA is not part of a plan to render the US a Socialist nation, nor an intended gift to trial lawyers. And the other sad reality is that the CPSIA does not protect children from law breakers any more than the standards that were in place prior to its inception did. The CPSIA is simply a piece of legislation written with the best of intentions but without the best science behind it, nor the best understanding of the multiple industry segments that make our children’s products.

Full disclosure: I am a toy retailer. But I am also a mother of three young boys. In 2007 after the first round of toy recalls were announced, I had to pry the lead-tainted Thomas the Tank Engine trains from the sticky hands of my then 2-year-old son (I really did.) He cried and I had to explain to him and his two older brothers that the toys weren’t made very carefully and that they had a “poison” in them. My then 6 year old wanted to know why the people who made the toys wanted to poison him. I had a hard time trying to explain this to myself, let alone my child. To be quite honest, I still don’t understand large-scale overseas manufacturing well enough to explain how these products got out of the plant with lead paint in them. But I can imagine it to be a combination of cost-cutting measures (is lead paint cheaper? Maybe it doesn’t take as many coats?), poor quality control and low oversight during overseas production. In other words, whoever was in charge of securing compliant components (i.e., non-toxic paint) didn’t do their job. And they broke the law. Lead paint has been illegal in the United States for decades. But I am not naïve and can also imagine it was something else, too.

So, why would manufacturers and retailers protest this law?

It’s not a bizarre opposition to the concept of chemical-free toys. Toys should be free from bio-available toxins. Period. And for that matter, so should my couch, your clothes, my mom’s food and our children’s shampoo. How do we insure that our products—all of our products—minimize harm to our bodies and the environment? We can choose to just look at toys and children’s goods but I believe we’ll miss the larger problem. The most sensible way to take lead and phthalates out of the children’s goods commerce stream is, quite literally, to go further upstream to the source of the component materials and require component testing. For example, let’s say that Fabulous Fabrics Inc makes 100,000 yards of Super Special Fabric No. 8 this year. If manufacturer A buys 100 yards of Super Special Fabric No. 8 to make a rabbit lovey, and manufacturer B buys 500 yards for his deluxe terrycloth towel in pink, why are both manufacturers required to test that same fabric? The fabric itself should be certified when the supplying manufacturer first ran its batch of 100,000 yards. Because now manufacturers A, B and probably C, D, E, F, G and H are all testing the same fabric for loveys, towels, bathmats, shower curtains, bathrobes and that strange new Snuggie blanket that seems to be vying for airtime with the Sham-Wow. That’s quite a bit of redundant testing that does not make the fabric any safer than when it left Fabulous Fabrics Inc.

It’s not because we are putting profit in front of safety. Creating safe toys actually isn’t costly. But buying that piece of paper that says products are safe is costly to a small business. And here we come to the crux of the argument: Small businesses can’t afford to prove that their already safe products are safe. On the other hand, the larger manufacturers that had the opportunity to bless the new legislation can afford to pay for 3^rd party testing. They can absorb those costs into their large product runs. Individual crafters, micro and small businesses cannot. There is no other drama here. No hidden agenda. No one is trying to “wiggle out” of the law, or squeeze a larger margin out of the American people and be damned children’s health. Law abiding manufacturers are essentially being taxed to prove that they are not breaking the law. Lead paint is not legal in the US. Maybe I’m missing something essential here, but, unless it’s manufactured overseas, how would a manufacturer even obtain lead-based paint?

And it’s certainly not because we are “right-wing business groups.” At Toy Fair on Sunday night, I had the opportunity to go out to dinner with some of my industry colleagues that are members of the Handmade Toy Alliance. To my left sat a vegetarian from Vermont, to my right a cloth diaper retailer from Arizona. Also at the table were people from New York, Connecticut, Minnesota and three people (me included) from Massachusetts. The sad fact about larger public discussions in the US these days is how politicized almost every subject has become. In an “us” and “them” environment, we seem to have lost site of the fact that perhaps we, the citizens who find fault with this law, actually have a legitimate point and are not trying to advance an ideology or nefarious political agenda. We are simply small business owners who have been stuck with a bill incurred by large companies that overspent on the public’s trust.

The opinion piece from the Times and Democrat allowed reader comments online. One written by Skylar 6 served as a succinct, albeit sadly cynical, summation:

“Bottom line, Left vs. Right, Dems [sic]vs. GOP, Good vs. Evil, The fight goes on.

I sincerely hope this “fight” does not go on.

Jennifer Grinnell, Owner/Founder, LivingPlaying.com, Member, Handmade Toy Alliance

Raise your hand if you understand the dangers of lead and phthalates

by Cecilia Leibovitz

Published February 19, 2009 @ 02:11PM PT

Here is my response to an angry response to a common sense amendment that would save crafters and small businesses from the CPSIA:
(you can read the post I'm responding to here)

I continue to be amazed at how often the dangers of lead and phthalates are used as a sort of shield by those in defense of the CPSIA. Any fairly intelligent person can understand that these substances are highly inappropriate in the production of toys and other children's products, particularly for babies, who tend to put everything into their mouths.
Photo: Pelham Library 

On the dangers of lead and phthalates we can all agree. It is imperative that we keep our children as safe as we can (no easy feat in this toxic world we've created). I will take the liberty of saying that on this too, we can agree.

Now I ask you to explain to me how the CPSIA will help keep children safe, and how exactly it addresses the problem at hand. And while you're at it, show me one *American made* children's product that has harmed a child due to the presence of lead or phthalates. And consider for a moment the cocktail of noxious poisons that is in just about every space your child inhabits. Who will protect you and your family? What are you doing to make a difference in our world?

There are those who put profit before people. In 2007--and I would argue, through much of our history as a country--the health and very lives of our children have been treated as though no more important that that of the tiniest insect. If you want to be angry, direct your emotion at the offenders. There were perfectly good regulations in place before CPSIA. The big players BROKE THE LAW. Only these criminals will be left standing if we do not support our American crafts-people. We need to make it easy for Americans to do business, not impossible.

Forget the fact that this will allow our people to earn money enough to pay their mortgages or rent, buy groceries, and cover that dental bill; those greed driven extras we all want, you know. Instead try to imagine how pathetic things will be, and how low you will have sunk, when you are only able to purchase toys and other children's products from the very people who thought nothing of poisoning your children in the first place. We crafters and small business people, who offer your children not just safe, but ethically produced products meant to enhance their lives, are in your court. We're on your side, and we care so much about the children of this world. Kill us, and you will be left with a society completely stripped of its personality, intellect, and diversity.

Every day I look around and realize we are one step closer to becoming real life inhabitants of the film Idiocracy. In the fictional America it portrays, water is no longer used to nurture our bodies and crops; instead a vividly colored Gatorade-like drink replaces it, and the citizens wonder why nothing will grow, though they don't notice how stupid they've all become. Now our government is telling us which books to read to our children. Next, will we be told who among us can breathe the air?

Don't insult my intelligence by hiding behind "the children." I am quite aware of the dangers of lead and phthalates. Let's not pretend the Consumer Product Safety Improvement Act is a common sense law that's going to protect our children from harm. Read it, read it, and read it again. I'm confident that if you do so, you will understand where the real danger lies, and you will agree that our children deserve so much more.

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

Devil's in the Details: Toxic Toys vs. Sock Puppets

by Ariana Kelly

Published February 16, 2009 @ 07:35PM PT

Implementing new legislation can be a little like childbirth: The outcome is glorious, but the process can sometimes be a bit painful. And this is why MomsRising.org needs your help right now. We need some "pain management" on a certain important law-- to help make sure it doesn't have unintended consequences.

You see, last week, the Consumer Products Safety Improvement Act went into effect, which is fabulous news because it will get rid of toxic children's products on store shelves. But the Consumer Product Safety Commission (CPSC) still needs to make sure that there are low cost and easy ways for craftmaker moms and other small business people to comply with new regulations.  In other words, we need to make sure there isn't too much inadvertent "pain" involved in implementing this bill.

*The CPSC is considering this right now—with a deadline of Tuesday for Comments! Please send a letter today urging them to significantly expand the list of toxic-free materials craftmakers can use without requiring the same testing large manufacturers must use. We don't want to throw the baby out with the bath water.

http://www.momsrisingaction.org/o/1768/campaign.jsp?campaign_KEY=26695

We're committed to supporting both safe toys and mom entrepreneurs/craftmakers. There are many moms in our community who started small businesses, often out of their homes, precisely because they wanted to increase availability of safe, kid-friendly toys!  And if the products they are using to make those toys are safe, then kids are safe. We want to make sure that moms and others using safe, non-toxic materials to make dolls, toys, clothes, and other children's accessories are not over-burdened by this law.

Please send this link to everyone you know—especially "crafty" moms. Time is tight because the deadline is Tuesday, so please forward now so as many people as possible can have their voices heard.

The CPSC is currently writing the specific rules for safety testing of children's products. We want to make sure that moms and others using safe, non-toxic materials to make dolls, toys, clothes, and other children's accessories are not over-burdened by this law.

So please send a letter today. At the MomsRising site, you will be able to customize a letter to meet your needs, or just click to send a handy already written letter.

http://www.momsrisingaction.org/o/1768/campaign.jsp?campaign_KEY=26695

Together, we can make a difference in support of small businesses and safe toys!

Handmade Toy Alliance NYC Press Conference

by Cecilia Leibovitz

Published February 12, 2009 @ 11:05AM PT

For Immediate Release

United States of America (Press Release) February 11, 2009 -- Members of the Handmade Toy Alliance will be attending the upcoming Toy Fair held at the Jacob Javits Center in New York City from February 15 – 18, 2009. Rob Wilson, owner of Challenge & Fun, has devoted a section of his booth (#1249) at the show for the HTA and a Consumer Product Safety Improvement Act (CPSIA) discussion forum. Members of the HTA will be present to answer and discuss issues related to the CPSIA with industry colleagues and members of the press. An HTA press conference has been scheduled for Sunday, February 15th at 1:30. Expected in attendance are Dan Marshall, founder of the HTA, Cecilia Leibovitz, who spearheaded the HTA’s change.org initiative, Rob Wilson, creator of CPSIA-central (social network on ning) and many other vocal HTA members from throughout the country. Also in attendance will be Matthias Menzel, Managing Director of Selecta, a German manufacturer that discontinued shipping to the USA last month, due to the CPSIA.

The Handmade Toy Alliance is a grassroots alliance of 304 toy stores, toymakers and children's product manufacturers from across the country, who want to preserve consumer access to unique handmade toys, clothes and children's goods in the USA. They are parents, grandparents and consumers who are passionate about their businesses as well as the safety of the children in their lives. While in support of the spirit of the law, the unintended consequences of the CPSIA has empowered them to work to enact change at a federal level.

In the months since its creation, the HTA has gained national recognition for their effective mobilization of artisans, children’s product manufacturers and toy store owners throughout the country. They have worked as common citizens, to encourage the CPSC and lawmakers to clarify and amend the CPSIA which threatens to close many of their businesses. Although Sen. DeMint (SC) introduced on the Senate floor last Thursday a technical amendment to the CPSIA that would, among other things, include allowances for component based certification processes and prevents retro-active enforcement of the CPSIA, the bill was sent to committee and it is unclear as to if it will be recommended back to the Senate floor for a vote. The HTA hopes to gain bi-partisan support for this bill and/or present new legislation to the Congress to amend the CPSIA.

“We continue to remain hopeful that Congressional members will adapt legislation to effectively amend the CPSIA.” Jill Chuckas, HTA member and owner of CraftyBaby.com shared. “In the meantime, we will do our part to educate and support our members, industry colleagues and everyone who will listen, to help them understand that although we support the intentions of the law, there must be a more common sense approach to comply.”

“And it remains that many in the industry still aren't aware of CPSIA,” Cecilia Leibovitz of CraftsburyKids.com states. “It is our hope that our presence at Toy Fair will help to inform these people as well.”

Rob Wilson goes on to say “The question is, at a time when the country is concerned about product safety, doesn't it make sense to have an understandable, yet targeted law that focuses on the real risks, and strictly controls those risks? Our country needs a law that understands and supports businesses that offer quality unique products, rather than making low production volume at a critical disadvantage.”

Dan Marshall, Peapods Natural Toys & Baby Care (St. Paul, MN)
The Handmade Toy Alliance
Tel. 651-695-5559
dan (AT) peapods.com
www.handmadetoyalliance.org   

Jill Chuckas, Crafty Baby, Owner, Designer (Stamford, CT)
The Handmade Toy Alliance
Tel. 888-788-5168
jill (AT) craftybaby.com
www.handmadetoyalliance.org   

Cecilia Leibovitz, President
Craftsbury Kids (Montpelier,VT)
The Handmade Toy Alliance
Tel. 802-223-7143
ceci (AT) craftsburykids.com
www.handmadetoyalliance.org

Rob Wilson, Vice President, Challenge & Fun
The Handmade Toy Alliance
Tel. 888-384-6200
hta (AT) challengeandfun.com
www.handmadetoyalliance.org