CPSIA - My Testimony at the CPSC Hearing on 100 ppm Lead Standard 2-16-11

Here are clips from my testimony at the CPSC Hearing on 100 ppm Lead Standard on February 16, 2011. As noted in previous blogposts, there's much more to see and hear in this panel discussion. The clips focus on me and my testimony. I admire the testimony of the other panelists and especially the quality of the dialogue after the testimony under questioning by the Commission. If you want to see it unedited, check out the full video at the CPSC website.

I have already published the links from the morning session. Viewing those clips before watching these clips may help you understand the flow of the argument better.

My full testimony:

[Notably, Ms. Tenenbaum cut me a break and let me go over my 10 minute allotment. I appreciate that courtesy.]



Commissioner Bob Adler questions me on the future of small business under the CPSIA and the need for the Commission to "follow the law" and implement the new standard despite the known consequences. This may be the most interesting interchange on the troubling issues under the CPSIA that I have participated in over the past four years. Check it out!



Commissioner Anne Northup asks about the ability of small business to obtain exemptions from the lead standard:



Commissioner Nancy Nord questions me about recycled materials, the cost implications of the new standards and injuries:



My call for a Five Year Stay on the new lead standard to allow for development of real injury statistics:

CPSIA - Anyone Interested in Dialogue? Apparently not . . . .

The American Enterprise Institute's Center of Regulatory Studies invited me to participate in a panel discussion in Washington, D.C. on April 19th about the CPSIA. At least, I thought they did. . . . The purpose of this meeting was to debate the following statement: "Many argue this new law [the CPSIA] has unintended consequences and in some instances has done more harm than good. AEI will host a panel discussion of the impact of the law and needed changes."

For the panelists, all grizzled veterans of the CPSIA war, this is old hat. We could debate this in our sleep.

The composition of the AEI panel was in flux. At some point, the panel became packed with advocates for the law, so to achieve better balance, the AEI reconstituted the panel with two "pro" and two "con" speakers. The other panelists were to be CPSC Commissioner and former Acting Chairman Nancy Nord, Commissioner Bob Adler and Rachel Weintraub of Consumer Federation of America. I was the last addition. [I was penciled in as a "con" panelist, in case you haven't caught my drift yet.]

And when the Dems found out that I was to be the final panelist, well . . . first Bob Adler bailed out. And ten minutes later Rachel Weintraub withdrew. Ouch.

AEI was forced to cancel the event. And, believe me, I was ready to take on Nancy Nord, too!

Isn't that great? What do you suppose would make CPSIA advocates pull out of an unstaged open debate on the merits of their favorite law? The panel discussion was to be filmed, btw, and would have been available for any and all to watch, again and again. Get it yet? Do you think anyone in favor of the CPSIA wants to defend the exemption decision on brass or the rhinestones ban on camera in front of a room full of impartial policy experts? I was ready to stand for that test. The CPSIA'rs were not.

It's sad that it is apparently impossible to sit in a room and debate this law like civilized adults. The issues under this terrible law deserve discussion but the "have's" (those that favor the law) seem to consider the matter closed. Under those circumstances, a debate on neutral ground presents lots of downside but no upside for them. After all, they already won the game.

So what does this mean for you? Well, minds certainly seem to be made up, so let's hope you never need to plead your case. When the CPSIA saga began, I would have told you to trust the process and the agency. But as the meaning of the word "safety" became blurred over time and then lost all meaning, my feelings changed. Today I pine for the old days, when I believed the agency would listen and could be a partner in safety. Unfortunately, I feel they have become an angry police force now. The withdrawal of a Democrat Commissioner and a consumer advocate from the AEI debate after my appointment is just another signal that a true exchange of views is unwelcome.

Dialogue - it's overrated. Do you think that's the change we can believe in?