The Consumer Product Safety Commission is in over its head with complaints filed by toy makers who argue that they should be exempt from the Consumer Product Safety Improvement Act of 2008, which requires children’s products to undergo stringent and expensive safety testing to ensure reductions in the amount of lead and phthalates used following an influx of lead-tainted toys imported from China in 2007. According to CPSC, a children’s product is one that is “designed or intended primarily for children 12 years of age or younger,” but critics argue that the definition is too vague and many products that meet that criterion are used and purchased more often by adults. For example, the average person who buys a model toy train is a 53-year-old-man — not a child.
“In its righteous zeal to protect America’s children from excessive lead, Congress banned lead and phthalates from products aimed at children, which forced manufacturers of every size to test every product they sell causing many small manufacturers to go out of business because they couldn’t afford to pay the extra costs,” says ACSH's Dr. Gilbert Ross.
“This is probably the dumbest thing I’ve read,” adds ACSH's Dr. Josh Bloom. “For example, if I were to sell a lamp decorated with cartoon characters, then it would be deemed a toy by CPSC and would require further testing, but if my lamp were just a plain red lamp, then I’d be exempt from the rules. This makes my hair hurt.”
“This law opened up a whole can of worms. It is completely misguided and will do nothing to protect the health of children — or anyone else — but will continue to harm American small businesses,” surmises Dr. Ross.
