Written by another designer/blogger but speaks for us all:
As most of you know I own a children’s clothing business, and as of February 10, myself and thousands of others in the children’s industry will be deeply affected financially or will be out of business.
Remember the outcry last holiday season over lead in imported toys? In order to combat such safety issues, the Consumer Product Safety Commission has passed legislation called the Consumer Product Safety Improvement Act (CPSIA). The law sets stringent guidelines for children’s products containing lead and phthalates (a chemical used in some vinyl products).
It is supposed to go into effect February 10th, 2009, and after that date any product intended for children ages 12 and under must meet these guidelines, and have a certificate of compliance from a CPSC-accredited laboratory. This includes not just toys, but clothing, jewelry, blankets, sheets, books, bibs, strollers, carriers, and anything else that a child under 12 might come in contact with. Sounds great, right?
In theory, maybe. But in actuality the law is so far reaching that it may succeed in turning the economy upside down. For starters, the CPSIA requires end unit testing on every product intended for use by children under 12. It is the responsibility of the manufacturer to do this testing, regardless of how small the business. That means that manufacturers (like myself ) will have to pay to get every different product they offer tested. These tests have to be done at a CSPC accredited lab, and cost tens of thousands of dollars. For example if you offer 3 different types of dresses. Each dress contains 2 different fabrics, as well as buttons, and thread, so that’s potentially $600 to test one dress. But if you have 3 or more styles, that’s $1800. And when you get a new bolt of fabric, you need to start all over again.
At present, there are no exemptions for small businesses and “micro” manufacturers and most handcraft artisans. There is no exception for quantities made, where the garments/products are made or anything else. Nor is there an exception for unadorned fabric components, unfinished wood components, materials which, by their nature, are free of lead and phthalates.
Also, the Act takes a “guilty until proven innocent” approach, which would treat a handmade, unfinished wooden toy that doesn’t meet the certification deadline of 2/10/09 as a “banned hazardous substance” which would be illegal to distribute in this country. Each infraction carries a $100,000 felony charge. This legislation is also retroactive for any pre-existing inventory as of February 10th, 2009. This means that everything on the shelves in those big (or small) stores will also be “banned, hazardous substances” – contraband.
Larger corporations that can afford testing will incur thousands, maybe millions of dollars in fees, and this expense will be handed down to the consumer, probably making the prices for children’s products go through the roof.
This also means that after that date, even selling your kids old things on eBay or Craigslist will be illegal. Charities will not be able to accept donations without a certificate of compliance either. February 10, 2009 is being dubbed “National Bankruptcy Day” by many people in the apparel and toy industry. If this legislation is not amended, it will affect everyone from port workers to parents looking for legal products. Billions of dollars worth of children’s products will have to be destroyed because they can’t be legally sold, and this will cause major environmental problems.
While I am all for higher safety standards and keeping our kids safe, this law is so overreaching as to put thousands on manufacturers of children’s products out of business -hurting our economy and causing even more loan defaults. Though this legislation was well-intentioned, it cannot be allowed to stand as is.
Please help us defend the American dream and our entrepreneurial spirit! This law affects every stay at home mom trying to help put food on the table and every grandmother knitting blankets for the local craft fair. It makes the thousands of us who have found a niche in the burgeoning children’s market have to make a tough decision – continue to produce items illegally and possible incur a $100,000 fine, pay the enormous fees and raise costs of goods sold, or close up shop!
Please help us!
Contact your Congressperson using this link: http://capwiz.com/americanapparel/issues/alert/?alertid=12274476
It only takes 30 seconds!
If you have an extra minute send a hard copy of the letter as well!
To sign the online petition: http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html
Read more about it here: http://nationalbankruptcyday.com/
To sign the online petition: http://www.ipetitions.com/petition/economicimpactsofCPSIA/index.html
Read more about it here: http://nationalbankruptcyday.com/
Please copy and paste this on your blogs, we need all the help we can get!
NOTE: This flawed legislation will hurt all of us. Large and small manufacturers and consumers! Let us work together for the good of all.
Wow!! That is insanity!!! Won’t that potentially shut down etsy in its entirety?!
I’m definitely on board!
Done!! I support you love!
Hi,
This is a long shot but I am from Honolulu and have two daughters. One goes to school at La Pietra where , Obama’s sister teaches so at the next parent PFA meeting I will kind of talk about it with the art teachers and Maya ( if she has returned from her leave). Secondly, My other daughter is the president of 10th grade at Punahou school ( Obamas alma mater )and she can help me address him and the congress here. Hey whatever helps.
Since I am an interior Designer and had a small shop designing girls items and now special occasion clothing it pertains to us as well. I’ll try to get some word out , this sounds ridiculous.
Coffee talk makes waves believe it or not.
kami
I know, it’s crazy! I heard all about this from my new friend Brandie who’s trying to get her childrens business up and going and now might not be able to.
I am on my way FJ, to help! Off to petition…….Don’t know what i’d do without Eden’s!
Oops! I meant to say that I/we will try to spread the word in any unconventional way possible.
You can’t imagine how many businesses this will put out even in Hawaii. We have a rather large cottage industry. It would be sad to see the craft fairs eliminated and local businesses.
Although , I am nobody important I am trying to be resourceful to get the most ideas out there.
[…] unknown wrote an interesting post today onThe Chronicles Of Windy Ridge » We need your help!Here’s a quick excerptIt is the responsibility of the manufacturer to do this testing, regardless of how small the business. That means that manufacturers (like myself ) will have to pay to get every different product they offer tested. … […]
Thanks for posting this Jen! Everyone that we can get to write and voice their support helps. I would encourage those directly affected to take one step further and call their congressmen too. You have no idea how many congressmen I have spoken to really had no idea what they were saying yes to. The more attention that we can bring to this the more likely it is that we will see some changes. At least that’s what I hope, without changes I am out of business:( For anyone wanting updates on this or a forum to ask questions http://www.fashion-incubator.com. She has an in with the CPSC and has tons of info. Thanks again Jen!
This is SO sad! Etsy is a frenzie with it. I just can’t believe the government can allow this to actually go through–and right at peak Christmas season, when, ya know, children’s retailers have nothing else to do! Anyway, I copied this post in my blog. I have to believe this will be fixed!
Thanks for writing about this. It is a serious matter and we all must do what we can to get this law changed.
Mission accomplished-the best of luck to you! Will continue to spread the word.
Make sure that you also go to change.org to vote on this issue as a top priority for president elect Obama.
Thanks for sharing this! I copied it to my blog!
I did get this email also and really could not believe it was for real!! I had to read and re-read it cause it sounded too far fetched…yes, action does need to be taken, I totally agree!!!! Things can only change if we do it in numbers.
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I recently came across your blog and have been reading along. I thought I would leave my first comment. I don’t know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often.
Alena
http://www.smallbusinessavenues.com
Maybe the solution is simple. Whatever you’re making, just attach a tag to it that says, “Not for children under the age of 12”.