Conversations with Consumers

A year ago we extended until February 2011 our stay of enforcement on lead content testing and certification of children’s products. Well, we’re almost there and it’s slated to disappear in six weeks.

Recently, I received an inquiry from a major consumer products manufacturer asking when the commission would be meeting to consider whether to lift or extend this stay of enforcement.  This manufacturer, like many others, did not realize that, absent commission action, the stay will be lifted automatically on February 10, 2011. 

I am concerned that imposing lead testing on the hundreds of thousands of products subject to this requirement raises serious questions at this time.  I am particularly concerned about the very significant issue of economic impact on small manufacturers of children’s products.  In addition, the agency has not yet addressed the availability of XRF technology for lead content testing, which would lessen the economic burden of this requirement.  We have not finalized our policy with respect to frequency and component testing. We are still struggling with a less-than-clear definition of children’s products.  (Witness our about-face on whether glasses with cartoon characters are or are not children’s products and the resulting confusion over the issue.)  We have not yet begun the process of determining how we will deal with the lowering, yet again, of the lead limit scheduled for August, 2011. 

I have asked for a public briefing on lead testing and consideration of a formal commission vote on whether the stay should be extended.  I’ll keep you posted as to whether the Commission will meet to address the stay.

When it comes to toy safety, I believe that the CPSC, industry players and consumers all need to recognize their responsibilities to assure that our children are protected from unreasonable risks.  In this holiday season, this is a message we should all take to heart.

As an agency we must be disciplined enough to stay focused on the real risks that children face, even though we have pressure from the other quarters to redirect scarce safety resources to whatever is the “crisis de jour.”  Industry must continually be assessing both their product design and production processes to assure that any problems are caught before a toy goes to market.  And consumers must share the responsibility for safety by following instructions and labels, by supervising children at play and by making sure that toys are being used properly and as intended.  The statistics tell us we all have work to do.  Our new year’s resolution should be to get that work done.