Little Ida

Small Magazine's new blog

I'm so happy to find out today that Small Magazine is now publishing a blog. How wonderful to have a supplement to their seasonal issues so rich with amazing photos and inspiration. Go take a look at the blog, called smaller here.  

My letter to Congressman Dingell

March 17, 2009

Dear Congressman Dingell,

I want to express my gratitude for the letter you sent to Nancy Nord and Thomas Moore, and the important questions you ask regarding the Consumer Product Safety Improvement Act. As owner of a micro-business serving the children’s industry, I do not have the means to hire lobbyists, and having the support of lawmakers means so much. I have been working on the CPSIA issue for many months, and it encourages me to keep going when I read letters like yours. I would like to share with you, answers to some of the questions you pose, particularly those that affect my business specifically.

A little bit of background on my company: I started Craftsbury Kids in 2004 in order to offer children alternatives to the mass produced throw-away toys and other items, so ubiquitous in the marketplace. My purpose is to offer difficult to find handmade items that are made in the USA and Europe, and tend to last for generations. I am part of a niche market and my income is modest, however my family of six relies solely on this income to survive. I do this because it’s important to me that children have access to items that will help them to grow artistically and intellectually. I see my offerings as a respite from the flashy characters and electronic toys and gadgets that have shortened childhoods and limited imaginations. I have always chosen Craftsbury Kids items with quality and safety in mind. Most of the items I offer are made from natural materials.

You ask about quantitative data concerning any negative impact of the Act on small manufacturers of children’s products. I work with about 100 artists, and most produce one of kind items. If component testing is not allowed, the majority of my artists will go out of business, with the exception of three larger manufacturers. The permanent marking requirement will also pose difficulties for these small producers (in the event of a recall, small producers can easily trace the items sold and get in touch with consumers).

As far as mitigating economic impact on small manufacturers I would suggest the following:

1. Focus on items that pose a risk such as paint and cheap jewelry, and exempt all other items.
2. Allow for use of certain finishes that do not pose a risk (for example milk paint, beeswax, tung oil, vegetable oils etc.)
3. Allow certification of materials to suffice for proof of compliance (component testing), and remove the requirement that finished products be tested.
4. Exempt small producers from batch labeling or make it voluntary.

I am alarmed by the fact that books printed prior to 1985 are now illegal to sell to children. I do not know of one case in which a child has been lead poisoned by a book. Do you know any children who are capable of chewing up and digesting books? It is my understanding that this would be necessary for a child to be adversely affected by lead in ink. I can not stress enough how important books, especially old books are for children. These books contain a rich history that will never again be available, as many are out of print. A great many books printed prior to 1985 are valued at no more than a few dollars. These will not be sold to adult collectors as the law allows. I fear that millions of these books will be thrown away as trash. I have already discovered a box of old children’s books placed on the curb for garbage pickup, by a Vermont thrift store in my area. Books must be exempted altogether from this law, if the legacy we pass on to our children is important to us.

I would suggest that thrift stores be allowed to sell items (including all books) that to the best of their knowledge are safe, and not be held liable. Because they risk being severely penalized under CPSIA, many stores have chosen to stop selling children’s products altogether. This is an absolute tragedy for the needy, not to mention an environmental nightmare when all of these things end up in our landfills. Has a zipper on a pair of jeans ever given a child lead poisoning? It is really shameful that this law is causing thrift stores to close, or eliminate their children’s departments.

I believe the age limit in the Act’s definition of children’s products is highly inappropriate. Children above the age of 2 or 3 do not put toys or other non-food items in their mouths. I know this to be true, because I am a mother of four, and have observed my own, and the children of others.

It is my ardent hope that commonsense changes will be made to this law, in order to ensure safety for our children, while allowing the entrepreneurs of our country to continue to offer our children great value. Small businesses are disappearing in droves. During this time of economic crisis, it is more important than ever that our Citizens be allowed to remain in business. If changes to the law are not made, my business will be left with very little to offer. I don’t know if I will be able to remain in business, my specialty being the innovative, the handmade, the one of a kind, all of which are currently at risk of being wiped out by CPSIA.
Yours truly,

Cecilia Leibovitz

CPSIA Congressional Briefing & Rally in DC

Update: This event will take place April 1, 10:00am at Capitol Visitors Center, Room HVC201 A&B, The US Capitol.

Dear Supporters of Handmade & Small Business,

I'm very excited to announce that fellow CPSIA activist and inspiration Rick Woldenberg, has arranged a Congressional briefing and rally on Capitol Hill. In Rick's words: "Having been repeatedly denied the opportunity to explore the issues created by the CPSIA in public hearings...we have elected to organize our own rally and (briefing) for this purpose...By calling this (event), we are announcing an end to old schoool "closed door politics" and shining a light on a matter of critical public importance during a severe economic downturn."

A wide range of speakers and participants will attend this event. It will include support from numerous trade organizations and is expected to feature remarks by Members of Congress as well as scientists and representatives of various organizations affected by the legislation such as small businesses, libraries, charities and thrift stores. This event will also be open to the media.

The event will take place on April 1. In spite of the ironic April Fools date, this is indeed very real, and is happening. I hope you can join us. Final details are still being arranged. More information can be found on Rick Woldenberg's blog:
http://learningresourcesinc.blogspot.com/2009/03/cpsia-rally-and-open-hearing-april-1-in.html
If you would like to join the team organizing this event (whether or not you'll be attending) please send an email to hearings@cpsiahearings.com.

Another important note
Recently Congressman John Dingell sent a letter to the CPSC asking for specific answers regarding the CPSIA, and said he intends to work on fixing problems with the law. You can find a link to the letter here:
http://ceska.typepad.com/little_ida/2009/03/dingell-wants-cpsc-to-explain-problems-with-cpsia.html/
Please take a few minutes and draft a response to this letter, thanking Rep. Dingell, and answering the questions. Then send your letter to commetsfordingell@cox.net. Rick Woldenberg will pull together all of the responses and send them to the CPSC and to Rep. Dingell's office.

Thanks so much for your continued support. Our voices are being heard. Particularly encouraging is a recent letter written by Congressmen George Radanovich and Joe Barton, including quotes from crafters and small businesses. You can read it here:
http://www.radanovich.house.gov/News/DocumentSingle.aspx?DocumentID=113689
We have come so far simply by speaking out about how this law affects us. I hope to see you in DC!

Cecilia Leibovitz

The Dog Chapel - to Honor Your Dear Departed Canine Friends

Stephen Huneck's story is so inspiring to me. He's an hour away from me and I still haven't visited his 'Dog Chapel.' This video is inspiring me - I'll have to get over there asap. You should too, next time you're in the St. Johnsbury, Vermont area!

Dingell wants CPSC to explain problems with CPSIA

"Washington, DC - Congressman John D. Dingell (D-MI15) has asked Acting Chairman Nancy Nord and Commissioner Thomas Hill Moore of the United States Consumer Product Safety Commission (CPSIA) to respond to a number of questions regarding several concerns that have arisen as a result of the Consumer Product Safety Improvement Act's ongoing implementation."

Congressman Dingell is the author of the original Consumer Product Safety Act, written in 1972, and former chair of the House Energy and Commerce Committee.

Read the letter here:
http://www.house.gov/apps/list/press/mi15_dingell/090305CPSC.shtml

Here's an interesting article shedding some light on Waxman and Dingell's history:
http://voices.washingtonpost.com/sleuth/2008/11/the_dingell_machine_is_rallyin.html

Raise your hand if you understand the dangers of lead and phthalates

  
Image: Pelham Library 

Here is my response to an angry response to a common sense amendment that would save crafters and small businesses from the cpsia:
(you can read the post I'm responding to here- http://tinyurl.com/azoyj4)

I continue to be amazed at how often the dangers of lead and phthalates are used as a sort of shield by those in defense of CPSIA. Any fairly intelligent person can understand that these substances are highly inappropriate in the production of toys and other children's products, particularly for small children who tend to put everything into their mouths.

On the dangers of lead and phthalates we can all agree. It is imperative that we keep our children as safe as we can (no easy feat in this toxic world we've created). I will take the liberty of saying that on this too, we can all agree.

Now I ask you to explain to me how the CPSIA will keep children safe, and how exactly it addresses the problem at hand. And while you’re at it, show me one *American made* children’s product that has harmed a child due to the presence of lead or phthalates. And consider for a moment the cocktail of noxious poisons that is in just about every space your child inhabits. Who will protect you and your family? What are you doing to make a difference in our world?

 

There are those who put profit before people. In 2007 (and through much of our history as a country) the health and very lives of our children were treated as no more important than that of the tiniest insect. If you want to be angry, direct your emotion at the offenders. There were perfectly good regulations in place before CPSIA. The big players BROKE THE LAW. Only these criminals will be left standing if we do not support our American crafts-people. We need to make it easy for Americans to do business, not impossible.

 

Forget the fact that this will allow our people to earn money enough to pay their mortgages, buy groceries, and pay that dental bill; those greed driven extras we all want, you know. Instead try to imagine how pathetic things will be, and how low you will have sunk, when you are only able to purchase toys and other children's products from the very people who thought nothing of poisoning your children in the first place.

We crafters and small business people, who offer your children not just safe, but ethically produced products meant to enhance their lives, are in your court. We're on your side, and we care so much about the children of this world. Kill us, and you will be left with a society completely stripped of its personality, intellect, and diversity.

Every day I look around and realize we are one step closer to becoming real life inhabitants of the film Idiocracy. In this fictional United States, water is no longer used to nurture our bodies and crops; instead a vividly colored Gatorade-like drink replaces it, and the citizens wonder why nothing will grow, though they don't notice how stupid they've all become. Now our government is telling us which books to read to our children. Next, will we be told who among us can breathe the air?

Don't insult my intelligence by hiding behind "the children." I am quite aware of the dangers of lead and phthalates. Let's not pretend the Consumer Product Safety Improvement Act is a common sense law that's going to protect our children from harm. Read it, read it, and read it again. I'm confident that if you do so, you will understand where the real danger lies, and you will agree that our children deserve so much more.

 

Handmade Toy Alliance NYC Press Conference

This Press Release can also be viewed here- http://www.free-press-release.com/news/200902/1234377281.html

For Immediate Release

United States of America (Press Release) February 11, 2009 -- Members of the Handmade Toy Alliance will be attending the upcoming Toy Fair held at the Jacob Javits Center in New York City from February 15 – 18, 2009. Rob Wilson, owner of Challenge & Fun, has devoted a section of his booth (#1249) at the show for the HTA and a Consumer Product Safety Improvement Act (CPSIA) discussion forum. Members of the HTA will be present to answer and discuss issues related to the CPSIA with industry colleagues and members of the press. An HTA press conference has been scheduled for Sunday, February 15th at 1:30. Expected in attendance are Dan Marshall, founder of the HTA, Cecilia Leibovitz, who spearheaded the HTA’s change.org initiative, Rob Wilson, creator of CPSIA-central (social network on ning) and many other vocal HTA members from throughout the country. Also in attendance will be Matthias Menzel, Managing Director of Selecta, a German manufacturer that discontinued shipping to the USA last month, due to the CPSIA.

The Handmade Toy Alliance is a grassroots alliance of 304 toy stores, toymakers and children's product manufacturers from across the country, who want to preserve consumer access to unique handmade toys, clothes and children's goods in the USA. They are parents, grandparents and consumers who are passionate about their businesses as well as the safety of the children in their lives. While in support of the spirit of the law, the unintended consequences of the CPSIA has empowered them to work to enact change at a federal level.

In the months since its creation, the HTA has gained national recognition for their effective mobilization of artisans, children’s product manufacturers and toy store owners throughout the country. They have worked as common citizens, to encourage the CPSC and lawmakers to clarify and amend the CPSIA which threatens to close many of their businesses. Although Sen. DeMint (SC) introduced on the Senate floor last Thursday a technical amendment to the CPSIA that would, among other things, include allowances for component based certification processes and prevents retro-active enforcement of the CPSIA, the bill was sent to committee and it is unclear as to if it will be recommended back to the Senate floor for a vote. The HTA hopes to gain bi-partisan support for this bill and/or present new legislation to the Congress to amend the CPSIA.

“We continue to remain hopeful that Congressional members will adapt legislation to effectively amend the CPSIA.” Jill Chuckas, HTA member and owner of CraftyBaby.com shared. “In the meantime, we will do our part to educate and support our members, industry colleagues and everyone who will listen, to help them understand that although we support the intentions of the law, there must be a more common sense approach to comply.”

“And it remains that many in the industry still aren't aware of CPSIA,” Cecilia Leibovitz of CraftsburyKids.com states. “It is our hope that our presence at Toy Fair will help to inform these people as well.”

Rob Wilson goes on to say “The question is, at a time when the country is concerned about product safety, doesn't it make sense to have an understandable, yet targeted law that focuses on the real risks, and strictly controls those risks? Our country needs a law that understands and supports businesses that offer quality unique products, rather than making low production volume at a critical disadvantage.”

Dan Marshall, Peapods Natural Toys & Baby Care (St. Paul, MN)
The Handmade Toy Alliance
Tel. 651-695-5559
dan (AT) peapods.com
www.handmadetoyalliance.org   

Jill Chuckas, Crafty Baby, Owner, Designer (Stamford, CT)
The Handmade Toy Alliance
Tel. 888-788-5168
jill (AT) craftybaby.com
www.handmadetoyalliance.org   

Cecilia Leibovitz, President
Craftsbury Kids (Montpelier,VT)
The Handmade Toy Alliance
Tel. 802-223-7143
ceci (AT) craftsburykids.com
www.handmadetoyalliance.org

Rob Wilson, Vice President, Challenge & Fun
The Handmade Toy Alliance
Tel. 888-384-6200
hta (AT) challengeandfun.com
www.handmadetoyalliance.org

National Resources Defense Council in Violation of CPSIA?

[From the Handmade Toy Alliance Blog]

Yes, it's true--the National Resource Defense Council (NRDC), a primary proponent of the CPSIA, is not testing their own products.  Thanks to The Common Room blog for rooting this out. 

"On Twitter, when asked if they were CPSIA compliant and requested to share the GCC for the private labeled onesie they sell on their site, SimpleStepsNRDC replied:

'The NRDC attorney who worked on our suit about #CPSIA tells me the testing requirements only apply to manufacturers.'"

Wrong!  If you take a cotton blank and put your logo on it, under CPSIA you are now the manufacturer and you need to know that the product does not contain lead or phthalates.  Better get those tested, NRDC!  You're in the same boat as we are!

The NRDC is also in violation of trademark law for using the term "onesie", which is owned by Gerber.  These appear to be American Apparel blanks.  

Recent CPSIA News

Recent CPSIA Press

The Boston Phoenix - Congress's War on Toys

http://thephoenix.com/Boston/News/76302-Congress-war-on-toys/

Judge upholds Congress's ban on toys with certain chemicals - USA Today

http://www.usatoday.com/news/health/2009-02-05-phthalates-toys_N.htm

Product Sellers Talk Radio - Will the CPSIA Affect Your Business?

http://www.michellewatersonline.com/will-the-cpsia-affect-your-business

Clothing and toy makers make new push to delay lead rules - LA Times

http://www.latimes.com/business/la-fi-lead5-2009feb05,0,2723538.story

Lawmakers want CPSC's chief to step down - USA Today

http://www.usatoday.com/money/companies/regulation/2009-02-05-lawmakers-take-aim-at-cpsc-chief_N.htm?loc=interstitialskip

Call to Action - Contact Congress Now

From Dan Marshall at the Handmade Toy Alliance-

Folks, the time to contact your Congressperson and Senators is NOW. We have a bill in play and we need to bring it home. Here's three things you can do:

1. Add your own brief note to the HTA letter (found here- http://tinyurl.com/bv2dj8 )and fax it to the DC office for your Congressional representative and Senators. You can find your Congress Person at
https://writerep.house.gov/writerep/welcome.shtml and your Senators at
http://www.senate.gov/general/contact_information/senators_cfm.cfm.
Click on their "Contact" page to get their DC fax number. Adding your own cover letter is important--be sure to include your name and address.

2. Go to
http://www.change.org/ideas/4203/view_action/tell_congress_to_save_small_business
and log back in to change.org, then fill in the form to automatically contact your congressperson electronically.

3. Call your Senator's office directly:

  1. Call your Senator (switchboard: 202-224-3121).
  2. Identify yourself as a constituent and ask to speak with the Senator or the staff assistant who follows Commerce issues. 
  3. Ask him/her to **co-sponsor** the CPSIA Regulatory Relief Legislation, and tell them if they have questions about the legislation they can contact Tom Jones in Senator DeMint's DC office at 202-224-6121. Tom's email address is tom_jones@commerce.senate.gov 
  4. Ask them to **vote for** the CPSIA Regulatory Relief legislation when it comes to the Senate floor, possibly as an amendment to the stimulus package.
5. SHARE this message with as many people as you can. Post on etsy and to your blog if you have one.

This is how we'll get this bill passed! Today and tomorrow are the days to do it.

Thanks again to everyone for your support
--Dan Marshall