tag:blogger.com,1999:blog-8811142208729284263.post8825309300699436049..comments2023-10-16T04:34:45.322-05:00Comments on CPSIA - Comments & Observations: CPSIA - Numbers Don't Lie (2nd Update - An Upside Down World)Rick Woldenberg, Chairman - Learning Resources Inc.http://www.blogger.com/profile/10399747363670184131noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8811142208729284263.post-62911027889429896372010-05-19T10:06:35.943-05:002010-05-19T10:06:35.943-05:00Not apples and oranges at all. There are many env...Not apples and oranges at all. There are many environmental sources of lead, including your food, water and air. Even if lead has some undefined but negative impact through accumulation in our systems, there is no way to pin the blame on children's products. We are taking in lead every minute of the day as we breathe. How can anyone state that the problem is with children's products and ignore the other sources of lead as though they are irrelevant? If children's products are only PART OF the problem, how can we say that it is worth the money to address the problem this particular way? This question gets absolutely NO attention.<br /><br />The point here is that the CPSC's legal authority to recall products depends on the existence of "substantial product hazards" as defined in the CPSA. This is not optional, it's the law that governs this agency. Because of the CPSIA, the CPSC now has enormous and unfettered power to punish, so merely muttering "civil penalties" can induce most ir not all companies to recall products that aren't dangerous. The coercive power of the agency is being used to erode the legal standard. Long ago, I noted that a senior CPSC official told me that the recall of 400,000+ Sarge cars by Fisher-Price was over TWO cans of yellow paint. Not all lead-in-paint violations are equal.<br /><br />To me, a more interesting question is whether as a matter of public policy, it is better to enforce this particular ban on a strict liability basis. Of course, Congress never took this position nor arguably made it possible in the CPSA. <br /><br />In any event, a strict liability policy (all violations are subjec to recall regardless of severity of risk) would make people stand up and take notice. I come down against this but do consider it a close call. There is just too much money wasted over issues that don't present a real risk to kids. Do you think the yellow dot on the wheel hub of the Sarge car could possibly hurt anyone? Not a chance, but think of the heaps of money burned in recalling them. Is this good for anyone?<br /><br />In addition, endlessly recurring lead-in-paint recalls destabilize confidence in the market to no end. Why not just focus on real hazards and get out of the "yellow journalism" business.<br /><br />One man's opinion!Rick Woldenberg, Chairman - Learning Resources Inc.https://www.blogger.com/profile/10399747363670184131noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-88436401717388950892010-05-19T09:35:23.656-05:002010-05-19T09:35:23.656-05:00What about the build-up of lead in a child's s...What about the build-up of lead in a child's system? Lead isn't as simple as are small parts. With the latter, it is clear whether there either is or is not an injury or death associated with the product. With lead, it's not. <br /><br />Your analysis ignores the cumulative effects of lead.<br /><br />I agree that it's an issue of ACCESSIBLE lead (a point egregiously ignored by the CPSIA). However, most of the recalls you looked at dealt with lead paint -- that's an especially accessible source of lead because it can flake and be dissolved in stomach acid. <br /><br />The problem is not that Product X does or does not injure/kill a child in and of itself.<br /><br />The problem with lead paint is that Product X adds to a child's environmental exposure to lead. There may be 20 (or 200 or 2000) sources of environmental lead exposure, each of which ALONE is insignificant but together are dangerous.<br /><br />Thus your analysis strikes me as apples and orangesAnonymousnoreply@blogger.com