It's no secret that we're big fans of small toymakers. What with the various toy-related scares that have plagued the marketplace in recent times, Etsy and similar sources have often been our go-to destinations for safe, ethically manufactured playthings. This is why we were concerned to learn about new legislation, set to take effect in February 2009, that could very well put many of our favorite independent toymakers out of business. And we're not surprised that many of you, our readers, are equally concerned, judging by the flood of email we've received from you.
This is a busy time of year for many of us, but we encourage you to take a few minutes to read the rest of this post, check out the information links provided, and take action if this is an issue that concerns you, too.
The Handmade Toy Alliance website, which is the vanguard of the protest, explains the fallout from the massive toy recalls of 2007:
The United States Congress rightly recognized that the Consumer Products Safety Commission (CPSC) lacked the authority and staffing to prevent dangerous toys from being imported into the US. So, they passed the Consumer Product Safety Improvement Act (CPSIA) in August, 2008. Among other things, the CPSIA bans lead and phthalates in toys, mandates third-party testing and certification for all toys and requires toy makers to permanently label each toy with a date and batch number.
All of these changes will be fairly easy for large, multinational toy manufacturers to comply with. Large manufacturers who make thousands of units of each toy have very little incremental cost to pay for testing and update their molds to include batch labels.
For small American, Canadian, and European toymakers -- including everyone from work-at-home moms to small importers of European toys (whose workmanship, ironically, has always been ruled by more stringent safety standards than any other country) -- the costs of mandatory toy testing (up to a whopping $4,000 per toy) could drive them out of business.
Or, as the Handmade Toy Alliance puts it: "If this law had been applied to the food industry, every farmers market in the country would be forced to close while Kraft and Dole prospered."
The Alliance has a counter-proposal to modify the new legislation. It proposes, among other things, that small-batch toymakers be exempted from the auspices of the CPSIA, while still remaining accountable through other avenues:
By exempting from third party testing and batch labeling requirements toys made entirely within the United States and other trusted countries with strong product safety regimes such as Canada and the European Union. In either case, safety will be assured for exempted toys through mandatory registration with the CPSC and random auditing backed by meaningful penalties. This is similar to the approach taken by the European Union.
Related links:
:: US Consumer Product Safety Commission: About the CPSIA
:: Etsy Open Letter: Handmade Children's Items & Unintended Consequences: Consumer Product Safety Improvement Act
:: Handmade Toy Alliance: Proposal to Improve the CPSIA
:: Handmade Toy Alliance: How You Can Help
:: Change.org: Vote to Save Handmade Toys from the CPSIA
:: Facebook: Help Save Handmade Toys from the CPSIA
:: Cool Mom Picks: Help Us Save Handmade
Please everyone, do all you can to make the necessary modifications to this legislation! I can't imagine a world without small artisans providing healthy toys for our children...toys that help their imaginations and creativity flourish!
view UggaMugga.com's profile
Thank you so much for helping to spread the word about this terrible legislation. February 10th will be a very sad day if an amendment to not made to this law. The elimination of the of countless U.S. small businesses by these expensive and complicated restrictions is certainly not what our econmy needs today.
view BlossomToys.com's profile
well it will mean that if they pass it, people like us that have the china made ones - led and plastic, will have to buy their toys in trips to EU or buy there and ship here. Legislation in this country always has to go all the way to one side and in a way is like shooting yourself in the foot....
view Anusha73's profile
I am very concerned about this issue and really appreciate you bringing attention to it. All of the gifts I bought my daughters this year were from people who would be directly effected by this.
view sar3j's profile
Selecta Spelzug is already pulling out of the US market--Haba says it will no longer sell it's darling jewelry. It'll be more than small manufacturers that are affected; European toymakers will stop distributing here, too.
view wrenx's profile
Phthalates where their concentration exceeds 0.1 percent by mass of the plasticized material have been banned across Europe since 2005. I highly doubt that European toymakers will stop selling their toys in the US. Nor do I want my children's toys to contain lead or phthalates. That being said I feel that consignment stores, Etsy, Ebay, small businesses and boutiques will be greatly affected by this legislation. While I feel something needs to be done about toxic chemicals in children's products I think this may be too drastic a step to begin with.
view livehappy's profile
Thank you so so very much for covering this. It's so sad both for the makers of beautiful handmade things, and for the children who would ostensibly be stuck with plastic crap in their stead.
Live Happy, Selecta has already pulled out of the US Market, Haba is pulling out limited items and that's the tip of the iceberg. It seems that it's still possible to regulate the level of toxins in toys while changing the methods for accountability so that it's economically feasible for the good guys to remain in business.
Liz from Cool Mom Picks
view liznyc's profile
This is exactly the sort of wrong-headed approach that shouldn't be taken!
Ohdeedoh, it is not clear from this post what actions those concerned should take (have checked a couple of links, but there is a lot of info to wade through).
view mschatelaine's profile
This is SO far reaching beyond toys. This effects EVERY product for children 12 and under with NO exemptions for anyone. Big name retailers from Gap Kids to Babies R Us to Pottery Barn kids and all the way down. Everyone has to test every single component of every single SKU.
We (makers/manufacturers/consumers) will all be effected! Prices of ALL children's products will go up to cover the outrageous cost of testing. Companies with inherently lead-free products (say organic or textiles) will be forced to comply therefore driving many out of business. I am not a small toy manufacturer but a medium sized importer and wholesaler of childrens soft goods. Many of our products are printed with already certified non-toxic pigments but we are not exempt. To comply with the new law and to test our 20 products, will cost of $100k . We can not afford this and will therefore be forced out of business and forced to dump several thousand units into landfill.
Testing is great! But currently it is SO expensive. Our government needs to set-up affordable ways for us to test. They need to recognize already existing standards of testing by big players like SKAL and OreTex. Our government needs to give us more than a couple months to comply with all this!
As upset as everyone is, no one hears us yet. Ohdeeoh - please use your power and help to organize everyone's awareness. Together we can make change before February 10th. Our economy can't take anymore!
view smallbusiness owner's profile