I know everyone in the children’s business is jumping for joy. I’m not–at least not yet. The CPSIA problems are far from over. The CPSC has issued a “stay of enforcement” meaning they aren’t going to enforce the new CPSIA law just yet. However, they are allowing your state’s attorney general to do so.
The law still applies. The CPSC, however, is not requiring third-party testing at this time. Yet, you are still not allowed to sell children’s products outside of the new lead limits. Seems the law hasn’t changed–just the testing requirements and enforcement for the time being (and only Congress can change the law, not the CPSC).
Another thought that comes to mind is wholesale accounts (children’s boutiques). I seriously doubt boutiques want the liability and will want some type of proof that your children’s products are lead-free. They’ll want to have all incoming stock to be certified prior to any amendments in the law as they are unsure how this will all play out. Stores won’t want to add products that might not be sellable in the future.
I’ve decided to go ahead with my XRF lead testing tomorrow and have GCCs issued to ensure the safety of my boys’ clothing line. It will only add value to my products as not all of my competitors are doing so.
Now for some CPSIA links around the web:
National Bankruptcy Day: Cautious Optimism
Overlawyered.com CPSIA Stay: Part I
Overlawyered.com CPSIA Stay: Part II
CPSIA Cheer: Touchdown! We Scored! But It’s Not Even Half Time
Senator Hatch Wants Senate Hearings on CPSIA
WhatDoISell.com: Temporary Relief
Boutique Cafe: Breathe Easily and then Call Your Representatives from Heather of Lilliputians
Kenneth Ross, Attorney at Law: Summary of CPSIA Stay
Scholars and Rogues: No Child Product Left Behind
How Much Safer Will CPSIA Make Us?
Nancy Nord of CPSC: Letter to Congress regarding Stay
I think what everyone should be doing at this point is contacting your local members of Congress and ask them to support Congressman DeMint’s Bill to amend the CPSIA.
One last thing, my mentor, Kathleen Fasanella of Fashion-Incubator.com, deserves a big THANK YOU from me and the rest of the children’s apparel industry. Kathleen has worked countless hours (and continues to do so) on the CPSIA and its affects on sewn products. I don’t know what I would do without her. Seriously.
DORKA THE EXECUTIONER by wacky artist David Gross
Hope everyone’s enjoying a wonderful weekend! I know Mr. Diva will be. He and his passe are awaiting the limo to take them to Atlantic City, NJ for Super Bowl Weekend. Oh, what a wonderful wife I am–LOL!
Disclaimer: Although I consider myself extremely bright, I have no legal background (other than a paralegal certificate…LOL) and therefore, the above post reflects my personal opinion and should not be construed as legal advice.
