Whimsical Walney and Polka Dot Patch have each put up new posts that help answer the question: who should I be reading and checking regularly for new developments with and commentary about CPSIA? Both lists are excellent, comprehensive, and well annotated, with inevitably a lot of overlap. I’m grateful to be included on both.
Besides the names on these two lists, which I’m incorporating by reference, here are a few other additional resources I’ve found helpful:
And more to come, of that I’m certain.
Public domain image: Grandma’s Graphics.
Tagged as:
CPSIA
“Lawyers who defended the men prosecuted for a plot to kill thousands of innocent people using massive fertilizer bombs were paid £7.16m in legal aid, it emerged last night. The 2007 trial was one of the biggest in British legal history and followed raids by the Metropolitan Police across London and the Home Counties. The judge described five of the men convicted for their part in the foiled terror attack as ruthless and devious misfits who had betrayed their country of birth.” Two other defendants won acquittal. [The Independent]
Tagged as:
defense lawyers,
terrorism,
United Kingdom
Lawyer Paulette Taylor says she has complained to neighbor Theodore Henderson and to the management of their Central Park West building that his two Chihuahuas “bark in a manner that is offensive, constant, continuous and incessant.” Failing to find satisfaction that way, “We’re asking for a restraining order against the dogs,” says her lawyer, Jacqueline Bukowski, and $500,000 for “emotional and physical distress” couldn’t hurt either. [NY Post via Pero]
Tagged as:
animals,
NYC
- Finally! Today’s Boston Globe covers the thrift-store calamity:
In recent weeks, Goodwill pulled all children’s merchandise from its nine stores in the state. Thrift chain Second Time Around eliminated kids’ clothing from several of its 16 shops. St Vincent de Paul is currently removing children’s clothing with metal zippers, buttons, and painted fabrics from its processing center, which sends out merchandise to its six stores in Massachusetts.
It’s exactly the sort of coverage that’s been overdue in the biggest newspapers since Feb. 10: well-reported, making clear the human costs of the law for both cash-strapped shoppers and charitable sponsors, and including words like “devastating” and “heartbreaking”. And on page one.
- If you missed it yesterday, Overlawyered gets results! Although sometimes the opposite of the kind we intend. Yesterday we hailed as a breakthrough the House Small Business Committee’s willingness to hold a hearing next week on the costs of CPSIA. Within a few hours, as Rick Woldenberg relates, Congressional staffers hastily put out word that they were canceling the hearing and that the idea is “not likely to ever be brought back”. There’s no way for us to know just who placed the phone call, but odds are good it was someone who realized that letting people from around the country get in front of a microphone and talk about this law’s effects would not exactly do wonders for the image of Henry Waxman, Bobby Rush, Jan Schakowsky, Public Citizen, PIRG, or their allies. More on the cancellation from Rick Woldenberg, who reports that this is the third time he’s been disinvited from Capitol Hill testimony. Sounds like someone really dislikes the message he would deliver.
- Hair bow makers on the verge of a nervous breakdown.
- The Examiner, which has a wide readership in Washington, D.C., San Francisco, and other cities, is out today with a great editorial on CPSIA which also generously directs readers to this site and its “chilling” reports. It concludes: “This law is an utter disaster. Congress ought to fix it, immediately.” The Examiner also quotes Sen. Mark Pryor (D-Ark.), one of the law’s sponsors, as saying “the law allows the CPSC to make ‘commonsense exceptions’ to anti-lead requirements.” This is not the first time I have been obliged to wonder whether Sen. Pryor actually has a close familiarity with the terms of the bill he helped guide to passage, and if not, whose summaries he has been relying on when he talks to the press.
It is precisely because the law does not confer on the CPSC any “commonsense exception” authority that the commission was obliged to turn down the makers of kids’ minibikes in their plea for an exemption the other day. Same for many other instances that could be cited, such as the pre-1985 books and the size 10 winter coats with zippers and snaps that are being yanked from thrift store shelves. Had the commission such a “commonsense exception” discretion, it would almost certainly have acted by now to defuse these sources of public outcry. To repeat the question: who does Sen. Pryor rely on for his briefings?
- Speaking of products with vanishingly low risk of poisoning that have trouble obtaining commonsense exemptions, we’ve been remiss in not staying on the case of ballpoint pens, mentioned in our Feb. 6 and Feb. 13 roundups. Deputy Headmistress has quite a bit more on the legal limbo occupied by the writing implements, which appear now to be unlawful when intended primarily for under-12 use. And visitor “Scott” wrote last week in our comments section:
What still amazes me is that the story about ballpoint pens being in violation of the CPSIA isn’t getting more notice. The CPSC admits that ballpoint pens intended for children are covered. As it happens, the US trade association for the makers of pens, pencils and erasers has sent a letter to the CPSC that ballpoint pens are not-compliant and no existing alloy satisfies the lead limits. It may take 2 years to develop an alloy, if one exists. I can only conclude that there must be very very very many stores not in compliance and ‘poisoning’ our children with lead. Are these stores not facing strict liability and risking felony criminal liability including 5 years in prison and $250,000 fines? The stay by the CPSC doesn’t help the pen-makers or sellers, because they’re in knowing violation of the lead limits. All they can hope for is that none of the 50 state attorney generals decides to prosecute what would appear to be a slam-dunk case. There is a chance that the CPSC may eventually decide to make an exemption for pens, however the CPSC admits that its staff is ‘not yet aware of any substance as to which the required showing [of no absorption of any lead into the human body] can be made.’.
Tagged as:
Arkansas,
CPSC,
CPSIA,
CPSIA and Congress,
CPSIA and resale,
Henry Waxman,
Jan Schakowsky,
PIRG
- Long Island man fails badly in bid to make his estranged wife compensate him for kidney he gave her [NYLJ, earlier]
- McDonald’s denies negligence in case of nude photos on customer’s left-behind cellphone [Heller/OnPoint News, earlier]
- Role of union corruption in NYC crane collapses. Best tidbit: strippers offered apprenticeships [New York Times]
- Because the Big Three need another millstone around their necks: states moving to entrench auto dealers’ nontermination/buyout rights yet further [Detroit Free Press via Mataconis, background]
- Microsoft claims former employee “applied for a job at the company under false pretenses and then used his role at Microsoft to gain access to confidential data related to patent litigation he is now waging” [Seattle P-I, Andrew Nusca/ZDNet]
- Settlement ends lawsuit by Cooper Tire & Rubber Co. against Mississippi’s Farese law firm and Ocala, Fla. attorney Bruce Kaster arising from leak of disparaging employee affidavit to press [Patsy Brumfield, NEMDJ, ABA Journal]
- Mule drivers at historic tourism park must register for antiterror biometrics as transportation workers [Ken @ Popehat]
- Lawyers advise defendant on trial for murder to go off his antipsychotic medication so he’ll come off as madder to the jury [nine years ago on Overlawyered]
Tagged as:
auto dealership protection laws,
Long Island,
McDonald's,
Microsoft,
Mississippi
- UPDATE 5:45 p.m. Eastern: Well, that was quick. A source reports that Congressional staffers hastily announced that they’re canceling the hearing next week and that the idea is “not likely to ever be brought back”. Someone must have realized that letting people from around the country get in front of a microphone and talk about the effects of this law would not exactly do wonders for the image of Henry Waxman, Public Citizen, PIRG, or Consumer Federation of America. More: Rick Woldenberg confirms cancellation/disinvitation.
- A prime objective for critics of the Consumer Product Safety Improvement Act in recent weeks has been to obtain a hearing on Capitol Hill that might focus lawmaker and press attention on the law’s many unexpected and harmful effects. Now it looks as if that might be happening. Rick Woldenberg:
I have been invited to testify before the Subcommittee on Regulations and Healthcare of the House Committee on Small Business next Thursday. The purpose of this hearing is to explore Small Business issues related to the CPSIA. The Subcommittee is still looking for small businesses to testify. … If you are motivated to testify, you may want to reach out to the Subcommittee staff to volunteer, or if you have a Congressman on the Subcommittee, contact their Washington office urgently. …
- Relatedly, Whimsical Walney, whose time seems to have been in part freed up for blogging by the CPSIA-induced shutdown of her Bay-Area-based children’s line, offers some advice here and here on how to talk with lawmakers about the act.
- If you still haven’t taken a look at it, Daniel Kalder’s excellent BooksBlog entry in The Guardian (U.K.) on CPSIA and older books, which quotes from my City Journal article, is here. It’s drawn attention around the world, including places like France, Italy, and Romania.
- Speaking of books, America’s libraries appear to have dodged catastrophe for now with the help of the American Library Association’s (understandable under the circs) last-minute embrace of the position that unless someone announces otherwise, it’s going to assume the law doesn’t apply to library stacks or circulation (earlier; commentary on the shift, Deputy Headmistress and Rick Woldenberg). Thus: Cincinnati Enquirer (”We’re hopeful saner heads will prevail and they’ll exempt us,” says Emily Sheketoff of the ALA), Middletown (Ohio) Journal, Brown County, Ohio, News-Democrat.
So it seems to be mostly the librarians who are the most literal-minded and obedient about following guidance from high government authorities, or who are most legally risk-averse, or something, who are taking drastic steps like tarping over their pre-1985 stacks or planning to discard the volumes entirely or excluding older kids’ books from their used-book sales (in which case they’ll wind up….where?). Esther at Reading Loft/Design Loft has been picturing how libraries will look if they can’t make an exemption stick. And I didn’t notice it when it ran last month, but Annoyed Librarian had a funny rant at Library Journal about the law. Perish the thought, of course, that any library might ever want to acquire a pre-1985 book for kids’ use.
- Popular conservative talk host Hugh Hewitt has continued his coverage of the law. Per one transcript, he discussed it with star columnist Mark Steyn who knew about the youth motorsports debacle:
In my little corner of New Hampshire, every 12-year old boy loves taking an ATV, loves riding it around up in the hills. And the idea that the lead in it is going to cause that kid to keel over, is preposterous. This is government by insanity…
On the other hand, Mark Riffey passes along word that popular talker Glenn Beck doesn’t plan to cover the issue because “there’s no public outcry” (a paraphrase second-hand of what might be a staffer’s view, or his, it’s not clear). What? Does he restrict his reading diet to the New York Times?
- Wacky Hermit at Organic Baby Farm is angry: “When you have to consult a lawyer before you hold a church benefit sale, you are not in America.” (some rude language).
- In the first-linked item above, Woldenberg also reports on an announcement by the Consumer Product Safety Commission’s chief of enforcement, Gib Mullan, that the commission intends to shift its enforcement methods in a more punitive direction, handing out many more penalties than previously in order to achieve more deterrent effects on businesses of all sizes. This is well in line with the clear guidance the commission has been given by Henry Waxman and colleagues in Congress. Next Thursday, if those planning the hearing do their jobs right, many in Congress might for the first time hear some voices that no one thought to consult when the law hurtled toward passage last summer. [REPEATING THE UPDATE: Hearing reportedly canceled.]
Public domain images: Grandma’s Graphics, Mabel Betsy Hill and Elson’s Basic Readers.
Tagged as:
CPSIA,
CPSIA and books,
CPSIA and Congress,
CPSIA and libraries,
CPSIA and minibikes,
Henry Waxman,
Jan Schakowsky,
Mark Steyn,
New Hampshire
- “God convinces woman to withdraw her voodoo-related lawsuit” [Minneapolis Star-Tribune via Obscure Store]
- Federal, state judges differ on whether wildlife officials can be sued over fatal Utah bear attack [Heller/OnPoint News]
- GPS helped trip him up: highest-paid Schenectady cop sure seems to spend a lot of time off patrol in a certain apartment [Greenfield]
- More coverage of Luzerne County, Pa. corrupt-judge scandal, including reputed mobster link [Legal Intelligencer/Law.com, ABA Journal, earlier here and here]
- Reductio ad absurdum of laws dictating where released sex offenders can live: proposal to keep them from living near each other [Giacalone and sequel]
- Defamation suits: “What happens when it’s the plaintiff that is anonymous, and wants to stay that way?” [Ron Coleman]
- Scalia: “Honest Services” fraud statute lacks any “coherent limiting principle” to restrain runaway prosecution [Grossman/PoL, Kerr/Volokh, Hills/Prawfsblawg]
- Because they’d never enact a law except to deal with a real problem: “Kentucky Prohibits First Responders from Dueling” [Lowering the Bar]
Tagged as:
Kentucky,
Luzerne County judicial scandal,
police,
prosecution,
Utah
Thank Carter-era deregulation for that. In 1979 the nation was known for bland, uniform and mass-produced beer, and there were but a mere 44 breweries in the entire country, most of their products very like each other. But legal restrictions were lifted. “Three decades later, the U.S. boasts 1,463 breweries, including 975 brewpubs”, and a culture of beer connoisseurship with few if any equals around the world.
And all just from repealing some unnecessary laws. It’s kind of like running the CPSIA tape in reverse.
Tagged as:
beer and brewers,
CPSIA
With large inventories of kid-sized motorbikes, mini-ATVs, and similar products rendered worthless and unsalable under tarps or in back storage rooms, the Motorcycle Industry Council now estimates that the economic damage from the Consumer Product Safety Improvement Act in its sector of the economy alone could reach $1 billion in 2009 if Congress does not act to restore the products’ legality. Joe Delmont at DealerNews has more information on how that figure was arrived at. Two weeks ago we cited an estimate that the frozen inventory alone exceeds $100 million in value; the larger figure adds in the cost of payroll and insurance at dealerships while they wait for the ban to be lifted, lost service and accessory sales, and so forth. It apparently does not count harms to tourism and recreation sectors in parts of the country that draw a family vacation trade based on use of the vehicles (see, e.g., ShareTrails.org, Americans for Responsible Recreational Access). Since the vehicles are intended for outdoor use, the weeks leading up to and including spring — in other words, now — are ordinarily their prime selling season. Some recent coverage previously unlinked: Chico, Calif., Enterprise-Record, WDAY Fargo, N.D., Orlando, Fla. Local6, WCTV Tallahassee, Fla., Gloversville, N.Y. Leader-Herald, Kingsport, Tenn. Times-News. Forums: cpsia-central, VitalMX, Motorcycle Addicts, and many more.
The minibikes fall into a category of products for which the drafters of CPSIA made it particularly hard to obtain exemptions, namely products that concededly do contain a more than infinitesimal quantity of lead in a normal and accessible component. Yesterday, the CPSC published (PDF) its proposed rule on the subject. In it, the commission staff explain the stringent legal requirements governing such waivers, and why they often do not allow the commission to grant “common sense” waivers even where risks of harm are very low and costs of regulation are very high (pp. 7 et seq of the document, which fall on pp. 9 et seq of the PDF). In other words, the minibike dealers are out of luck unless they can convince (or persuade Congress to take the issue away from) the implacable Henry Waxman, who in turn tends to take his cue on these matters from Public Citizen and that group’s allies.
The powersports dealers aren’t the only ones stranded. At The Smart Mama, lawyer/lead testing consultant Jennifer Taggart ponders what might amount to “the end of bling” in kids’ wear. Genuine crystals by definition include lead, as do many rhinestones, although cheaper plastic imitations will more often be free of it. Trade groups have petitioned for an exemption, but given the law’s stringency (calling for the submission of peer-reviewed data, for example) it is far from clear that the commission can grant their requests. It will be easy in some quarters to dismiss the whole matter with a wave: who cares about mere embellishments, anyway?
It’s not so easy to be dismissive if you’re, say, a teacher of Irish step dancing, with a stock of performance dresses in youth sizes (quite possibly with crystals, rhinestones or sequins, since nothing picks up stage lights the way they do). That stock of costumes, which might even be your most costly asset, by law at least may now occupy the same frozen contraband category as those tarped-over new youth minibikes at the sports dealer’s. As message-boarder “GailV” put it, “The dresses are worn for about 15 minutes at a time, the possibly lead-containing parts never touch the child, but it’s still illegal.” For more on the dismay CPSIA has struck into the Irish dance apparel community, see Irish Dance Moms, Fashion Incubator Forums, and Voy Forums comments here, here, and here (”Heidi”: “Most of us would like to be successful and running legitimate (law abiding) businesses. I want to grow my business, not hide in the shadows looking for ways to circumvent the law. Besides, the jealous world of Irish dance is full of potential whistle blowers.”)
More: In comments, Jennifer Taggart reports more distress in the bling sector.
Tagged as:
CPSC,
CPSIA,
CPSIA and apparel/needle trades,
CPSIA and minibikes,
Henry Waxman,
Public Citizen,
recreation,
safety
