John Stossel's Take
Commentary from Co-Anchor of ABC News' "20/20"

John Stossel is ABC News' Co-Anchor of "20/20" and New York Times best-selling author of Give Me A Break & Myths, Lies and Downright Stupidity. His "Give Me a Break" commentaries take a skeptical look at a wide array of issues, such as education, the economy, parenting, and more.

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Getting the Lead Out

07/16/2009 2:49 PM

 Nm_fish_hook_090716_main   

Well-intentioned laws often exact a nasty toll on small businesses.

The family-run Dardevle fishing lure company had to spend more than $10,000 to relabel their lures because nervous legislators in California passed a law allowing people to sue companies that don't warn you if there's lead in a product

The lures had only a trace of lead, but Dardevle owner Karen Eppinger told us she had to spend the money anyway.  I can’t imagine any human eating one of her big, sharp-hooked lures, but each still had to labeled:  "WARNING: This product contains lead… Harmful if swallowed."

The beat goes on, according to this Washington Times editorial:

"Horror stories abound about small and large businesses, and, indeed, entire industries, closed or hobbled because of the Consumer Product Safety Improvement Act. The law sets new, absurdly stringent limits on how much lead any children's product can contain. It allows all 50 state attorneys general to take "enforcement" actions related to these issues and to hire outside counsel to do the legal work. It all but invites class-action lawsuits against children's product suppliers."

"Ballpoint pen manufacturers, makers of children's minibikes, used bookstores, thrift shops, vending-machine companies, clothing manufacturers, handmade toy outfits and all sorts of others are suffering because of various CPSIA provisions. Also hurt will be charities that resell donated products to raise money for social services. One result: The Salvation Army said that about 16,000 fewer people in substance-abuse rehabilitation programs will be served."

Politicians and "consumer" groups pat themselves on the back when they pass these laws, saying they "protect the public." What they don’t talk about are the jobs that are lost when businesses, unable to cope with the bureaucracy and legal threats, just give up and close.

July 16, 2009 in Environment | Permalink | Share | User Comments (81)

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Nothing makes them feel so good as telling other people what they are allowed to do.

Posted by: JohnJ | Jul 16, 2009 2:51:18 PM

That's why the old saw about tyrants being preferable to do-gooders rings true.

The tyrant may suffer the occasional pangs of conscience & lift his boot once in a while, but the do-gooder will never provide relief because the weight of his boot on your neck is what helps him sleep at night.

Posted by: jasahl | Jul 16, 2009 3:12:14 PM

Protecting the citizen from her/himself is the creed and focus of today's best politicians ... populism at its best. Alas, common sense and populism don't go together.

Posted by: Nick William | Jul 16, 2009 3:16:06 PM

even small amounts of lead are harmful. Even if no person would swallow the 'sharp hooks' with a minimal amount of lead, the fish will. And probably 50% of them will pile up in the bottom of the lake, in the drinking water.
Typical knee jerk reporting.

Posted by: quiet runner | Jul 16, 2009 3:19:22 PM

I'm one of those who chose to close up shop, rather than risk the liability that the Consumer Product Safety Improvement Act of 2008 imposes on small businesses. I am (or was) a mom working from home designing, making and selling hair bows for little girls online. I wasn’t getting rich or anything, but I was able to contribute to my family’s income while home caring for my young kids. My products don’t contain lead, but I can’t afford the redundant and expensive testing the law now requires in order to prove they’re safe (guilty until proven innocent).

Even with the CPSC initiating a short stay of enforcement on testing and certification requirements, State Attorneys General are still free to enforce the law as it is written today. And while the little guys shut down one by one, the companies who can afford to test because of their huge economies of scale (and foreign factories) are the same companies who abused the public’s trust by allowing lead-tainted toys to creep into the US market in the first place. Congress needs to recall it’s tainted law, and let the CPSC get back to the business of protecting consumers from actual risks, rather than waste their time and OUR TAX DOLLARS banning old books and used clothes.

Posted by: Jen | Jul 16, 2009 3:27:30 PM

Quiet runner, you create more pollution each day than all of the fishing lures combined. Fascist.

Posted by: kelly p | Jul 16, 2009 3:31:29 PM

I'd think anyone selling products designed for little kids (and having kids of their own) would want to make sure all products were safe before allowing the kids to have them. Sad that you lost your pocket change, Jen, but as they say...

Safety first!

Posted by: Steven | Jul 16, 2009 3:32:58 PM

All hail the New Geraldo Rivera!

Posted by: dsmith | Jul 16, 2009 3:34:26 PM

Also, does anyone remember all those tainted Chinese products killing their citizens in 2008/2009? It seems to me that these laws address this issue, hopefully helping the US avoid similar unnecessary deaths because of lazy manufacturers.

It takes money to make money. If you don't want to pay, you don't have to play.

Posted by: Steven | Jul 16, 2009 3:38:13 PM

Steve,

The importation of those lead laden trains broke EXISTING LAW. The CPSIA was not needed to protect us from that. You really have no idea how expansive and EXPENSIVE this law is. It does take money to make money. And it takes even more to test EVERYTHING. This law should be repealed and redrafted with risk assessment at its core.

Posted by: Dan | Jul 16, 2009 3:59:13 PM

Steven, I make hand crocheted baby booties out of yarn. All my materials are made in the USA and I have scientific proof that they are lead-free. However, my booties still will be considered "banned hazardous substances" on August 14, because the scientific proof didn't come from somebody in a white lab coat at an officially approved lab. That's how insane this law is.

CPSIA is NOT about keeping kids safe from lead poisoning, which (a) is caused largely by pre-1978 house paint and (b) has been in exponential decline since 1996 thanks to the efforts of the CDC and EPA. No, CPSIA is about having all of us lined up and bent over, pants down, with Congress holding the paddle telling us they're not going to spank us today.

Posted by: Sarah Natividad | Jul 16, 2009 4:23:58 PM

I own a small hand crafted children's accessories business and as both a parent and business owner, I am all about safety in the products I create. Part of the problem with this law is that it treats all businesses equally, and we just aren't. I make batches of 10 product at a time - Fisher Price and Mattel (the guys who broke the existing law) make batches of 10's of thousands, yet the law requires both of us to follow the same testing protocol. My line is considered quilty until proven innocent even though I have NEVER had any safety issues. I am more than happy to show and prove that my products are safe, but I need a common sense, affordable way to do it. Want to read more on this issue? Please go to www.handmadetoyalliance.org and see what we are all about. We believe in the safety intents of the law, but risk assessment and common sense implementation needs to be part of the process.

Posted by: Jill | Jul 16, 2009 4:25:39 PM

I can't believe I am reading these comments - wait I can - it is probably someone from Kids in Danger or the Consumers Union. Lead is everywhere - in water, food, soil, etc. The law did exist and that is why the recalls happened, a few bad apples weren't managing their supply chain (in China) and now the rest of the children's industry has to suffer because career politicians want to be re-elected with their "save the children" campaign.

Those of us with organic processes, which have strict standards on lead content, aren't exempt from the testing and retesting of the same lots of materials which are made into safe products.

This law is putting people out of business and not saving children. It takes the focus off products that pose risks and put them on things like debating on permanent tracking labels on socks.

Henry Waxman should be ashamed. He doesn't want to hear us because he knows we have valid points. He is more worried about his book sales then fixing real problems.

Posted by: jennifer | Jul 16, 2009 4:28:36 PM

Steven:

Does it make sense that we assume that there is lead in organic cotton, in socks, in our books, in practically everything a child under 12 uses and force the manufacturer to prove otherwise?--at a cost I must say that will kill all small businesses (and most medium size businesses) and make criminals of those that stick it out, and leave the children's products business to mega corporations--you know the ones that had problems in the first place?

Perhaps you like their cookie-cutter products...but some people like creativity, ingenuity, aesthetics, natural materials, etc.

From your comments you seem very intent to let this happen. You don't care about the enterprising mom or dad that has an idea and wants to seek out the best materials and make a really cool product (oh, but they can't because to sell their first batch, they have to spend thousands of dollars to prove there is no lead in a product with no history of lead or injury). Make sense to you?

Nor do you seem to care about the children behind the enterprising parents that will be left with a destroyed business.

It takes money to make money? It takes stupid laws (and that is what this is) to kill otherwise successful enterprises. This has nothing to do with safety...this law is forcing our best companies to close or move to China where they can produce larger batches and maybe just maybe afford the additional testing of each component of each style of their product.

The problem is we have completely lost science and risk analysis. The odds of science being restored is not good, considering the impact CPSIA is having on our classrooms!

Posted by: Rob | Jul 16, 2009 4:34:12 PM

Steven:

Does it make sense that we assume that there is lead in organic cotton, in socks, in our books, in practically everything a child under 12 uses and force the manufacturer to prove otherwise?--at a cost I must say that will kill all small businesses (and most medium size businesses) and make criminals of those that stick it out, and leave the children's products business to mega corporations--you know the ones that had problems in the first place?

Perhaps you like their cookie-cutter products...but some people like creativity, ingenuity, aesthetics, natural materials, etc.

From your comments you seem very intent to let this happen. You don't care about the enterprising mom or dad that has an idea and wants to seek out the best materials and make a really cool product (oh, but they can't because to sell their first batch, they have to spend thousands of dollars to prove there is no lead in a product with no history of lead or injury). Make sense to you?

Nor do you seem to care about the children behind the enterprising parents that will be left with a destroyed business.

It takes money to make money? It takes stupid laws (and that is what this is) to kill otherwise successful enterprises. This has nothing to do with safety...this law is forcing our best companies to close or move to China where they can produce larger batches and maybe just maybe afford the additional testing of each component of each style of their product.

The problem is we have completely lost science and risk analysis. The odds of science being restored is not good, considering the impact CPSIA is having on our classrooms!

Posted by: Rob | Jul 16, 2009 4:34:34 PM

I make unfinished wooden toys, something I started after repeatedly going through my daughter's toy box with the latest recall notice in hand. My toys are absolutely 100% safe, but not only will I need to have destructive testing performed on each batch of each toy (a $150 test for a $12 toy- an entire batch of 10 wouldn't even cover 1 testing fee), but in 24 days I will also need to put tracking labels in place.

Never mind that neither the CPSC nor Congress has given ANY guideline on the exact requirements of these labels.

Lead laws were already in place since 1978, but companies that were supposed to adhere to them broke those laws. The CPSC needs to be allowed to perform Risk based assessments.

Mr. Stossel- Please speak with ANY of the Commissioners at the CPSC and ask them if allocating resources for already safe products for CPSIA implentation is allowing truly dangerous products into the marketplace, slipping under their radar.

I'm a father of two. Yes, safety first. But testing inherently safe items DOESN'T make them any safer.

Posted by: John | Jul 16, 2009 4:41:42 PM

Kelly P -
They are HAIR BOWS!! This country has completely lost all sense of proportion and common sense when it comes to "saving our children".

And please do not belittle an income which helps a family and was earned through hard work and a wish to bring high quality, responsibly made items to the marketplace.

Please inform yourself about this law because it will achieve the opposite of everything you are lobbying for no matter how it looks on the surface. Just because it says it is for "the safety of our children" it does not mean that that is what it will do.

Posted by: Andrea | Jul 16, 2009 4:57:18 PM

I am the owner of WarmBiscuit.com. We specialize in Custom Children's decor. We have been manufacturing in the US for over 10 years.

As you know, over 98% of elevated lead cases in children are a direct result of deteriorating pain and other environmental causes.

ONLY 1.8% of elevated lead cases in children are from toys, jewelry, candy, etc.

Forcing 100% of the manufacturers to spend $300 to $4000 per batch which is required in the current CPSC legislation in hopes of reducing 1.85% of the problem is not an effective solution. The financial impact of this law clearly FAR outweighs the risks.

Ask yourself what congressman would be proud to put his name on this disastrous piece of run away legislation. Most if asked have stated that the law in it's current state does NOT make sense.

Who is brave enough to stop the run away freight train before it crushes the small businesses that were NEVER the concern in the first place?

Vicki Mote Bodwell
Founder, WarmBiscuit.com

Posted by: Vicki Bodwell | Jul 16, 2009 5:00:11 PM

I should also add I am a mother of 3 boys, safety is ALWAYS a top concern...and will always be our prime priority.

Cotton non-metallic fabric made products do NOT pose a lead risk. To test each individual CUSTOM made product is not feasible as 3rd party testing DESTROYS the product tested. However, under the guidelines of this law this is what is required under the law.

Please visit our Handmade Toy Alliance for more information of our concerns.

Vicki Mote Bodwell

Posted by: Vicki Bodwell | Jul 16, 2009 5:13:11 PM

In this day and age, our economy is tanking. Everyone is screaming "buy local" "buy american" "save main street" ect. While this law gives the illusion that it addresses the issues that happened with the China recall. It does not. In fact, after this law is passed, major corporations will be the ONLY ones able to produce childrens toys. Also, you realize this affects thrift stores, ect...this means old toys will be THROWN away. You can no longer take them to goodwill. Whatever happened to watching waste.

Yes, children's safety is #1. However, blanket laws effect everyone. How many more hundreds of people can afford to lose their jobs and companies now? This isnt pocket change to some people, this is their life. How many small companies have you read about the news poisoning kids? You need to read up on the law and realize what it is really doing. It creates a horrible domino effect. Yes, things should be safe, there is a way to do this without blanketing everyone.

Posted by: Alyson Trent | Jul 16, 2009 6:23:49 PM

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