In 2007, well-known and beloved toys such as Barbie and Thomas the Tank Engine were recalled due to unacceptably high levels of lead in their paint. Public outcry in the wake of the recalls provoked Congress to pass the Consumer Product Safety Improvement Act (CPSIA) of 2008. The CPSIA increased the funding of the Consumer Product Safety Commission (CPSC) by 48 percent, and gave the CPSC greater power to regulate toys and other products aimed at children, in an effort to curb distribution of harmful and defective child and baby products.
But now lawmakers are hearing a different kind of outcry. This time it's toymakers, who say they are now so over-regulated that they can't afford to stay in business. On December 2, the Senate Commerce Committee's Consumer Protection Subcommittee heard testimony from toy manufacturers who say they cannot afford the expensive laboratory testing required by the law.
One person testifying, Jill Chuckas of the Handmade Toy Alliance, gave an example of a member of her group, John Greco, who handcrafts wooden toy airplanes that sell for over $100. Although his product contains no lead, the law would require him to send a dozen samples to a lab for testing, all of which would be destroyed in the testing process. Rather than accept this loss, he has elected to get out of the children's toymaking business.
Another concern of the Handmade Toy Alliance is that the law applies to every product intended for children ages 12 and under, including bicycles (which normally contain some level of lead in the metal frame without danger) and clothing (which is covered by the law despite having almost no risk of lead).
One of the bill's original authors, Senator Mark Pryor of Arkansas, says he has already been in discussions with his Republican counterpart in the House (who will likely chair the House's Energy and Commerce Committee when Republicans take control next year), about amending the bill to protect the interests of smaller U.S. toymakers.
Whatever changes are proposed, the country does need a strong law to protect consumers-particularly children-from potential dangers, and to establish standards so that manufacturers can be held responsible when their products cause injuries.
