After all the wrapping paper has been recycled, what was inside the packaging should continue to bring joy. However, toy recalls on the morning after leach some of the fun out of playing Santa. Choking hazards and protruding pieces in many playthings have long been deemed unsafe, but 2008's toxicity-related recalls took these hazards up a notch, with lead paint leading the drama. Though exposure to the heavy metal has long been recognized as unhealthy, particularly for young children, (e.g. The Center for Disease Control and Prevention says that even a low level rise in blood lead is associated with a greater decrease in I.Q.), it has been found in everything from Thomas the Tank Engine to Harry Potter Bookends and Pirates of the Caribbean Sleeping Bags. Because lead paint has been illegal for decades in the U.S., most of us have grown complacent and tend to trust that manufacturers won't include harmful substances in toys that our children are likely to put in their mouths. The recent rash of recalls, however, proves (again) that it is time to take our kids' health into our own hands.
It is difficult for parents (and friends and family members who are buying gifts) to determine which toys are being recalled, and why. One rule of thumb is to buy toys only from department stores, toy stores, and trustworthy online sources, rather than from dollar stores. Even better, shop at your small local toy stores, where you can chat with the proprietor and get a sense of how on top of toy recalls they are. The least expensive products available (as most of these are coming from China) should not have to come at the cost of our health. Similar to comparing the health effects of pesticide-ridden conventionally produced food with organic food, it is important for us to understand how cost relates to safety.
When it becomes impossible to produce tomatoes or dolls safely at such low prices, as it seems it has, it is time for us to allow the price to go up a bit. Low prices for you mean paper-thin profits to the toy manufacturer, and the lower their profits are, the more tempting it is for them to break the rules around product safety. For example, dollar store toys are often one-shot manufacturing runs that are immediately discontinued, so they aren't even on the market long enough to be recalled. While all of this encourages us to consider the oft-forgotten virtue of quality over quantity in our toy purchases, unfortunately making the decision to buy more expensive or "high quality" toys does not guarantee a toxin-free toy.
Some basics to be wary of include avoiding toys with red and yellow paint, which are the most common colors contaminated with lead: you might even want to pick up a lead testing kit and test your toys yourself. Because some types of plastic being used are also toxic, try to avoid cheap plastic toys made in China. BPA, which interferes with hormone levels, causing increased risk for breast and prostate cancers, uterine fibroids as well as hyperactivity and early onset of puberty in infants and children, caused a bit of hysteria last year, and hormone-disrupting phthalates (used to soften plastics) have long been a hot topic in the eco-community, but are rarely recognized by the public. Since most toys are produced in China, you should commit to confirming the types of plastics used in your children's toys yourself.
If you want to try to ask the right questions of all of the toys and products in your home, Healthy Child, Healthy World is a great resource for toxins to avoid. I also subscribe to the Consumer Product Safety Commission (CPSC) mailing list for timely updates on what toys are being recalled and why. You can subscribe here. You can check recalls.gov where you can search for a particular toy, and see The Green Guide for a comprehensive buying guide.
As of February 10th (barring a partial reprieve) new legislation will require testing for lead and phthalates in all products sold for children 12 and under. The good news: Toys "R" Us and other retailers have already started complying with some of the new rules in advance, and we will look forward to other retailers catching up and providing these important standards. The bad news: in the meantime, you should expect deep discounts on toys that don't meet the new safety standards so stores can get rid of the inventory they won't be able to sell after February.
Eliminating the use of hazardous chemicals in toy manufacturing is a global issue, from the extremely high levels of lead exposure for factory workers at the plants that make the toys to the exposure that our own children suffer. With all of the educational toys and games out there, we should learn our own lesson about regulating the use of toxic chemicals and substances in production, especially when related to the youngest and most innocent members of society.
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CPSC, a two person commission, has determined that books are to be included, which according to the American Association of Publishers, may be the most devastating blow to publishing since the 1970's. The American Library Association has read and re-read the rules and believes that it may require libraries to remove children's books or bar children from libraries. Booksellers who cannot provide Certificates of Compliance by February 10th may no longer be able to sell in the large online marketplaces. This law was never intended to include things like books but the misguided arbitrary rulings of a 2 PERSON COMMISSION, had sent a chill down the spines of librarians and booksellers everywhere.
ALA "has been in discussion with attorneys, other associations and the sponsors of the original bill. Our analysis is that neither the law nor the legislative history indicates any Congressional intention to include books and even textbooks in the law. .....The ALA Washington Office is taking measures to ensure this ruling (CPSIA) will not affect libraries and has sent a letter to all Congressional offices alerting them to the fact that we believe CPSC General Counsel has erroneously interpreted the CPSIA to include books. ALA is also monitoring the potential impact on other types of library materials as well."
Don't believe it? Try the following links
http://wikis.ala.org/professionaltips/index.php/Consumer_Product_Safety_Improvement_Act_(CPSIA)
The intent of the law is wonderful. There's no reason why we cannot aim for the goals set within the CPSIA (HR4040). Yet the unintended consequences are very real and sobering.
One of the most and probably most vast unintended consequence is that of the secondary resale market (be it selling outgrown clothing on craigs list, ebay, yard sales or taking them to a consignment/resale/ thrift store) will be negatively impacted - thousands of businesses may have to close....
Why? The Falvey opinion says all inventory as of 2/10/09 not certified to meet current standards will be now deemed a hazardous substance. The lead portion of the law is retroactive to all inventory.
Clothing, shoes, toys, books - all items directed to a child 12 and under - safe one day, hazardous the next.
I urge everyone to speak out on the craziness - there's a number of sites out there trying to bring attention to this matter. People working their hearts out - they love kids, they don't want kids placed in danger, but they don't want to be put out on the street either. They want congress to see the error of this law and fix it.
Visit http://www.savekidsresale.com for more information and direct links to write your representatives
Visit http://www.nationalbankruptcyday.com for more detailed information on the law
Inform yourself - think about a minimum $100K fine and 5 years in jail for selling existing inventory with no third party certification. It stinks.
The Consumer Product Safety Improvement Act (CPSIA, the legislation you referred to) appears to be the answer to the recent increase of lead tainted children's products. However, this legislation could possibly destroy the very industry that it is meant to regulate. Unfortunately, the innocent will be the first casualties. This law has been interpreted by the CPSC in such a way that every product that is intended to be used by a child 12 or under, is subject to the same testing, even those products that are inherently lead-free, such as most apparel. In the end, it will be the largest manufacturers (the ones who very likely manufacture in China) that will be able to afford the testing procedures that are mandated.
If you were to buy a simple pima cotton gown for your baby today, there is a chance that on Feb. 10, that same gown will be illegal to sell. Why? Because the CPSC has said that unless the manufacturer can produce a "Certificate of Conformity" to show that the gown has less than 600 ppm of lead, it will be deemed "hazardous waste" and it will be a felony to sell it. Is Pima Cotton truly a risk? No.
This won't just impact the "industry", but anyone who wants to buy/sell any children's product at a yard sale, consignment shop, eBay, church fundraiser, Goodwill, craft shows, or any venue where someone might sell ANYTHING that is to be used by a child.
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