tag:blogger.com,1999:blog-8811142208729284263.post9077679564621303878..comments2023-10-16T04:34:45.322-05:00Comments on CPSIA - Comments & Observations: CPSIA - Making It Up as We Go AlongRick Woldenberg, Chairman - Learning Resources Inc.http://www.blogger.com/profile/10399747363670184131noreply@blogger.comBlogger16125tag:blogger.com,1999:blog-8811142208729284263.post-5685157394472557692010-09-04T15:27:23.225-05:002010-09-04T15:27:23.225-05:00Great news, only 172 children have died this year ...Great news, only 172 children have died this year in swimming pools since Memorial Day! Those stern warnings sure made a difference.<br /><br />http://www.cpsc.gov/cpscpub/prerel/prhtml10/10332.htmlSarcasm Much?noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-89411669258642800472010-09-02T04:24:12.874-05:002010-09-02T04:24:12.874-05:00Meanwhile you should see what Mattel who's so ...Meanwhile you should see what Mattel who's so wonderful they get to manage their own testing is up to. <br /><br />http://www.mmdnewswire.com/children-with-autism-9895.htmlAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-35938938751174023902010-08-31T12:46:20.755-05:002010-08-31T12:46:20.755-05:00Anon, I cannot guarantee the future, of course. Th...Anon, I cannot guarantee the future, of course. That said, the Republicans have been very solicitous and concerned about the legitimate business issues I have raised about the CPSIA since November 2008. In fact, they were sympathetic and active from literally DAY ONE (three days after the election, in fact). Two Republican Senators and six Republican Members of Congress spoke at our Rally in April 2009 (Waxman scheduled a House Energy and Commerce meeting to coincide with our rally, so no Dems accepted our invitation to speak). <br /><br />The Republicans have also been active in demanding hearings, pushing for relief at the CPSC (from Congress and also via Republican members of the Commission) and most recently, worked on negotiating a fair and appropriate amendment to the CPSIA. Waxman refused to budge, even a millimeter, and the amendment died an appropriate death.<br /><br />Will the Republicans act for us when they get their gavels back? I certainly hope so, but we will have to see what happens. I feel we have made a business-like case that the flaws in the law are desperately penal to businesses without savnig a life or preventing a new injury. It's pure wasteful regulation, a Washington specialty. I believe Republicans will act to repair the damage for the benefit of the AMerican people. Hopefully the Nanny State will fire its Nanny.Rick Woldenberg, Chairman - Learning Resources Inc.https://www.blogger.com/profile/10399747363670184131noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-5828810431145100102010-08-31T12:08:02.299-05:002010-08-31T12:08:02.299-05:00Why do you think Republicans would be any more inc...Why do you think Republicans would be any more inclined to do something? Would they not also be concerned with the possible appearance that they don't care about children's safety?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-63646505177329379302010-08-30T16:08:54.980-05:002010-08-30T16:08:54.980-05:00Anon, you are right - if the voting patterns and a...Anon, you are right - if the voting patterns and administrative strategies of the folks controlling the Commission don't change, we stay screwed. <br /><br />The bet is that a Republican Congress which is motivated to do something about this issue (this is hopefully not a leap of faith) has means to cause an agency to bend to its will.<br /><br />Our only chance is to send a STRONG message to the CPSC through our actions pre-election and with our votes. When the Republicans win the House and hopefully the Senate, we must IMMEDIATELY descend on the new majority and lobby for relief. <br /><br />Time will tell.Rick Woldenberg, Chairman - Learning Resources Inc.https://www.blogger.com/profile/10399747363670184131noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-72338201397185046862010-08-30T01:16:39.681-05:002010-08-30T01:16:39.681-05:00It doesn't matter whether or not the CPSC mand...It doesn't matter whether or not the CPSC mandated the recall or Lakeshore voluntarily issued the recall. The CPSC is trying to justify their existence. <br /><br />The CPSC recall notice states, "the magnets can attract each other and cause intestinal perforations or blockages, which can be fatal.".<br /> <br />Yet, the recall notice doesn't state this toy actually contained "hazardous" magnets. The ASTM F963-08 clearly states the definition of a hazardous magnet as follows:<br /> <br />...magnets and hazardous magnetic components as those being small parts and containing a magnet with a Flux Index of 50 or greater.<br /><br />According to the Federal Register of July 21, 2009 (Volume 74, Number 138), such hazardous magnets are prohibited in toys for children 14 and under. Did these Lakeshore Mazes have hazardous magnets? Doubtful, but we'll never know.<br /><br />Forget about the cost impact to businesses. The most critical issue is that "real" hazardous product can be slipping through the cracks as the CPSC is distracted by these benign witch hunts. Taxpayers should be outraged.bchiassonhttps://www.blogger.com/profile/12311136926297292177noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-51803880981430861742010-08-28T23:53:07.959-05:002010-08-28T23:53:07.959-05:00It seems to me that the narrative writes itself--D...It seems to me that the narrative writes itself--Democrats obsessed with bureaucratic minutiae over actual substance; Democrats who claim that potential future threats are just as dangerous as immediate hazards (work in pool-drain covers, and also point out the irony of Democrats depending on Scary Things Might Happen while telling us that terrorists don't exist); Democrats who appoint themselves regulators of industries they don't understand and let big business write the regulations; Democrats who claim that it's not their problem when ludicrously severe testing requirements drive companies out of business.<br /><br />"You say that you're interested in safety? Then <i>show us that we're unsafe.</i> Our whole business model is based on selling products to children; why do you think we'd want to kill our customers?"<br /><br />"You say that you want to jumpstart the economic recovery. That's great--why not get out of the way and <i>let us recover</i>? The economic crisis is not your opportunity to reorganize the toy-manufacturing industry."halojones-fanhttps://www.blogger.com/profile/05473935330204075559noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-63637140985383374032010-08-28T12:31:18.249-05:002010-08-28T12:31:18.249-05:00This comment has been removed by the author.Rick Woldenberg, Chairman - Learning Resources Inc.https://www.blogger.com/profile/10399747363670184131noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-68560861233347805832010-08-28T11:11:39.761-05:002010-08-28T11:11:39.761-05:00If the Dems lose in November (and the chairmanship...If the Dems lose in November (and the chairmanship of the House Energy & Commerce rotates to the other party), it is reasonable to expect that the congressional oversight will change so as to provide some relief. However, what will it take to replace and/or restrict some of the current commissioners who are pushing the draconian regulatory atmosphere? For how long are these individuals appointed, and what is the chance that others can be put in place given that the Executive branch will hold power until 2012? Thoughts/comments?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-19135370460463220282010-08-28T03:08:22.435-05:002010-08-28T03:08:22.435-05:00Was it a molehill when McDonald's glasses were...Was it a molehill when McDonald's glasses were recalled? Because the Time magazine about the topic explained that cadmium was a clear and present danger and that consumers should be very concerned.<br />For that matter, this seems like a similar recall to those used to justify CPSIA in the first place (or as my kids refer to it, "That stupid lead law".)Sebastianhttps://www.blogger.com/profile/04009107720601931341noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-62780907264780312672010-08-27T18:46:39.220-05:002010-08-27T18:46:39.220-05:00Most recalls are initiated by companies, not CPSC,...Most recalls are initiated by companies, not CPSC, and have been for decades. Play-it-safe recalling is nothing new.<br /><br />CPSC has been handling hundreds of recalls a year for years -- nothing has changed and the numbers are not much different pre- or post CPSIA. Actually, they've gone down slightly.<br /><br />The public has never paid attention to recalls and never will.<br /><br />This press release was mostly the same old boilerplate used in every recall -- especially the part about "in cooperation with the CPSC."<br /><br />This is a molehill.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-26448895635244388502010-08-27T16:01:25.143-05:002010-08-27T16:01:25.143-05:00Let's not forget that if the company found thi...Let's not forget that if the company found this problem and reported it to the CPSC (i.e. told on itself out of fear of reprisals if it didn't report, I'm still not sure how the 5th Ammendment isn't being trampled on here...) the CPSC at one time had the discretion to say, not a big deal, this isn't something you need to report. With the advent of the 15b report you can do what is termed a "Fast Track Recall". In essence quickly "rip off the band-aid" and implement a recall witin 20 days without needing to get an indication from the CPSC that there really is a problem. This doesn't excuse you from being fined. Companies are so scared not to report even trivial problems that consumers are being innundated with recall notices for things that really aren't dangerous at all. This has the effect of "crying wolf" to the point that the public is getting numb to recalls at all and doesn't pay any attention to them. Rick I know you have pointed out that you had very good success with the one recall from your company, in my case we have had a couple recalls and in each case, even with a mailing list of customers we struggle to get 15% response (i.e CPSC recall notice, emails, snail mail to the customer, even follow-up calls by customer representatives). I think that these "nonsense" recall are having the opposite effect on consumers and that they no longer even responding to the recalls at all. This means that the only thing companies are getting out of recalls is a trashed reputation for trying to do the right thing. Lyndsey Layton did an article in the Washington Post on July 2, 2010 that pretty much spelled it out, consumers have "recall fatigue".Geoff Jonesnoreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-79609469559516760642010-08-27T13:57:45.451-05:002010-08-27T13:57:45.451-05:00I have no direct knowledge of this case, and have ...I have no direct knowledge of this case, and have no idea if the company or the CPSC initiated the recall. However, the CPSC PR machine is behind this notice, and the impression is intentionally given that this is a CPSC action. We may never know but the CPSC is claiming the "glory" in its press release while at the same time explaining the hazard in a misleading way. At a certain point, it seems to be splitting hairs over who "initiated" the recall. The CPSC took it over, it belongs to them now.<br /><br />When a company self-imposes a recall, whether correctly or not, the public and the manufacturing community has virtually no choice but to take the recall as the CPSC's opinion on the matter. We can't tell the difference - because the CPSC never distances itself from this kind of bad news (the agency is our protector, after all). Even in those rare cases where the CPSC doesn't make you do a recall wunder circumstances another company already has, you still face tremendous fear and resistance in the market. Why? Because of the original recall. It's a real problem.<br /><br />And while we're on the subject, has it occurred to you that this dynamic also likely means that many of the recalls "imposed" in the past may NOT have been initiated by the agency? And, if that's true, then perhaps the "crisis" wasn't so great after all. In any event, the CSPC can't account for more than one death and three asserted injuries from lead in an 11-year period from 1999-2010. Hmmmm.<br /><br />Sorry if I somehow misled you.Rick Woldenberg, Chairman - Learning Resources Inc.https://www.blogger.com/profile/10399747363670184131noreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-8744293025100394672010-08-27T13:47:44.952-05:002010-08-27T13:47:44.952-05:00Anonymous...here is your answer. Direct from the r...Anonymous...here is your answer. Direct from the recall announcement sent out from, you guessed it, the CPSC - see below. Take note that the CPSC...IN COOPERATION with the firm named below. Yes it is voluntary but who else are you going to report to? The FBI, Oprah, perhaps?<br />This is a B.S. recall...<br /><br />WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-14586471754367601202010-08-27T13:04:54.437-05:002010-08-27T13:04:54.437-05:00Speaking of making it up, what is your evidence th...Speaking of making it up, what is your evidence that CPSC initiated the recall and not the company?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8811142208729284263.post-23154292156020852852010-08-27T10:19:43.536-05:002010-08-27T10:19:43.536-05:00I presume the child swings the product around by t...I presume the child swings the product around by the string and the wand breaks off, and due to a design flaw, a scary magnet inside comes loose. It's a shame the CPSC has to incite fear to justify getting involved in what should be a customer service issue.Carlos Perohttps://www.blogger.com/profile/08651307387319635945noreply@blogger.com