CPSIA - CPSC Shows Its True Colors in the Annals of Absurdity

In a move calculated to test the limits of what I can get you to believe, the CPSC last week conducted a raid in New York City to confiscate imported chocolate Easter eggs to save America from a choking hazard. 

This event has garnered a little bit of publicity.  I wonder why . . . .   Seems so logical.

Here is a picture provided by Fox News coverage of this event.  I wonder who was there to capture the moment on film . . . .

You can see that the CPSC really means business now. The safety of children is just too IMPORTANT.

Admiring retailers could not wait to sing the CPSC's praises:

"Jigs Patel, who recently opened the London Candy Co. on the Upper East Side, where he is importing candy from the U.K., had already run out of his Kinder eggs by the time he got his visit from a CPSC official just before Easter.  'They obviously took this very seriously,' Patel said. 'I actually found it very amusing. It's a bloody chocolate with a toy inside. It's not smuggling crack cocaine.'"  [Emphasis added]

Perhaps strangely, the American public did not immediately appreciate the service provided by the federal government:  "[Mr. Patel] said that customers in the store that day found it funny, too. 'They were like, 'Don't they have better things to do than hunt down Kinder eggs?' The phone at London Candy Co. rang off the hook after DNAinfo's article ran with people seeking the hard-to-find chocolates. 'The phone went nuts,' Patel said. "The people still want it.'"  [Emphasis added]

As the Village Voice notes, "[c]hildren in Europe, where the eggs are manufactured, are apparently more impervious to choking than their American counterparts, or perhaps their parents are less inclined to let them eat plastic."  Still, other news outlets noted the severity of the safety threat:  "At least two children, one in England and one in Ireland, died after choking on the toys roughly 20 years ago, according to reports. . . . 'It is an ongoing investigation,' [CPSC spokesman Stacey] Palosky said. 'We want to continue to alert parents about these around Easter. We want parents to know these should not be in children's hands.'"

It's an ongoing investigation of the incidents 20 years ago.  Must find the real killers . . . .

Thanks, Mom!

Your tax dollars at work!  What would we EVER do without these guys protecting us so ably?

Dreaming of another budget crisis so we can find out . . . .

CPSIA - More Lives "Saved" by the CPSIA Database

These breathtaking database entries were submitted to me by Anonymous in a comment on my previous database blogpost.  Lest you should miss these little gems, I am reposting them here for your reading pleasure.  These are real filings, paid for by your tax dollars.  I have provided links in case you are skeptical.

And why did Anonymous submit this comment anonmymously?  "Submitted anonymously, because hey, if they can."

Indeed. . . .

Mirrored screen protector for IPhone  [Eyes "zapped" by the iPhone - ouch!!]

I purchased a mirrored screen protector for my I- phone, within one week I was having pain, sensitivity, and weariness in my eyes. It took me a few days to figure out what had happened but I am certain that the mirrored quality of that screen saver is very harsh on eyes. Three days after purchasing the screen protector, I noticed while on my drive to work that the world seemed somehow much brighter, I had to wear sunglasses while driving on an overcast day, still there was just to much light. . . . At some point during that week I glance at my phone while at a stop light, the reflection absoloutley zapped my eyeballs. It was very painful and took several minutes to recover. . . . Several years ago I had had sunglasses with a similar reflective, mirror like quality and ultimately threw them away because they were so harsh on my eyes. I think this product would be particularly harmful to people who suffer fro migraines and I would be curious to know what safety testing it underwent.  [Emphasis added]

CFL Light Bulb  [Hope you're sitting down - CFL bulbs have mercury in them. Thanks, Eagle Eye!]

CFL bulb located in a lamp above kitchen table. My wife turned the lamp on and it immediately exploded, glass fragments landed on the kitchen table where my kids where sitting. As these things also contain Mercury! They should be banned!

Exploding Potato in Microwave  [Note to CPSC - get working on that potato recall.  It's URGENT!]

At 11am this morning i placed a potatoe in my microwave and pressed the bake potato button on the key pad approx. 3 min later my entire microwave was engolfed in flames. My house was filling with smoke flames were shooting out of the microwave door my hudsband opened the door and threw a bucket of water on the entire wall over my stove. I called 911 and they assessed the microwave and did testing with a heat devise on the wall behind and above cuboards to make sure fire was out and informed me that heat level was extremly high and good thing i was right there to put out fire. . . . I was told by all 3 companys that there in fact had not been a recall on this product and for me to contact their legal dept if unsatisfied with their service. They also informed me that if a product is recalled it is only warrantied for 90 days. I asked so if my house burns down because of one of your products that has been recalled over 90 days ago you are not liable for that? They then told me to contact their legal dept they couldnt help me with this matter...

[But what about the potato?  What about the potato???]

Britax Vigour stroller manufactured 10/2006  [It's just too dangerous to allow strollers to unfold.]

I was taking the stroller out of my car and I had the latch on. As I pulled it out to place the stroller on the ground it began to open and the latch failed. I was unable to stop it due to the weight of the stroller and it opened and caught the skin of my abdomen. It was trapped and I was unable to get it off for nearly 5 minutes. I was alone in a parking lot with my baby in his car seat in the car. Once I got it off I was in extreme pain and had pinch markings and bleeding. The next day My abdomen had a 6" bruise. I still currently 8 months later have a very bad scar that I do not think will ever go away. I feel that this stroller is unsafe and have been terrified to use it ever since.  [Emphasis added]

Oven to table cookware (sold by QVC)  [Is the CPSC certifying consumers as authorized test labs now?]

I ordered Temp-tations cookware from QVC. It is handpainted in China. I tested it for lead paint and the result was positive. I conducted the test several times.

[I don't know about YOU, but I am convinced!  Actually, I'm not.  We sell to QVC, and their safety practices are top notch and uncompromising.]

Handpainted Dinnerware  [This one DEFINITELY will save lives - did you know glassware gets hot in the microwave?  Who knew?!  Thanks for looking out for us, Congress.]

I have some Gibson dinnerware and some of it, especially the cups, get so hot when put in the microwave that you cannot touch them when they used to reheat or heat fluids. The handles get so hot they burn your finger so badly. Several times they have gotten so hot I have dropped the cup and broken them as have the plates been dropped. I am concerned that the dinnerware may be high in metal content.

Reply:  Not knowing the specific product that the consumer has, we can not provide any detail about the material used. There are some materials used that are more porous than other materials. the more porous the material the hotter that it will become to the touch. These products Gibson Overseas marks as 'Will Get Hot in the Microwave".

[I call this a public service!]

Pottery Park Designs "Village Collection"   [Some of these filers should get together to compare notes.]

About 2 years ago I purchased some dinnerware, I believe it is pottery. It is made by Park Designs, called Village Collection. It's taken me this long to learn that it is not Microwave safe, even though it states that on the bottom. It gets hot enough to burn fingers.

Reply:  All of our Dinnerware and Bake ware are tested for US FDA Leachable Lead and Cadmium, California Prop 65, Dishwasher Safe ,Microwave Safe at BUREAU VERITAS Hong Kong Limited. We have never had a claim such as this.  Any dish placed in a microwave with food in it will conduct heat and will depend on the time and level of energy used to determine the heat of the dish.  We consider the product safe for use.

[I have $20 that says the responder was not saying everything on his/her mind . . . .]

Expedition LX Jogging Stroller   [Note to Self:  Remove baby before folding stroller. Check twice before putting away, too.  Mistakes happen, you know.]

The consumer says the handles on each side of the stroller that are oval shaped, meant to fold up the stroller. The oval openings are also for handling the stroller in the fold position to carry around. Consumer says when child is in the stroller, the child can stick his arm straight through the oval openings. Consumer says her child is 17 months old, and feels he can break his forearm with this product. Consumer contacted manufactuer and they offered no assistance and told her the child must have not been properly strapped in. Consumer says it doesnt matter if child is strapped in or not, they can still get their hands stuck in the oval openings.

Reply:  The report states that a child can stick his arms through the handle openings. The report also states that they feel a child can break his forearm with this product. Baby Trend has thoroughly evaluated the report but is unable to determine any such risk as reported. The product meets all requirements of ASTM standards, including requirements for maximum and minimum opening sizes, as demonstrated by numerous third-party tests. Baby Trend is unable to gain any additional information from the person reporting because they did not provide any contact information. Baby Trend believes the product is safe when used properly.

Intex Kidie Float #59586  [Used float purchased at thrift store does not perform as expected.  Hmmmm.]

No injury occurred because I was testing the device when I discovered the malfuction. . . . I purchased the kiddie float brand new in its original packaging from a local thrift store. It was purchased a few months ago. I took it out of it's packag this morning and blew it up to test it as we were planning on going to the pool today. I wanted to be sure there were no leaks. The stem cover opened on it's own after i blew it up and securly closed it into the device. I tried it again- I blew it up closed the stem cover inserted it into the floatation device and once again the pressure from the air in the floatation toy pushed the cap opened. This is extremely dangerous as it can cause a childs toy to deflate while in use in the pool and cause a possible drowning. . . . I due need to add that I later noticed that this product is for 2 and under and so I would have not used the device anyway since my child is 25 months old, but my child was NOT in it when I tested it and it malfunctioned!

Reply:  We contacted the submitter of the complaint and the issue of the valve not staying in place has corrected itself after the product, which was manufactured in 2003, regained its normal shape after being tightly folded in its original package for 8 years. The valve also has a self sealing function that limits the leakage of air if the cap is not properly inserted into the valve preventing sudden loss of air. In addition, the caregiver is warned to never leave the baby unattended and to always keep the baby at arm’s reach in the unlikely event that the float would lose air or any other issue arise. The submitter sent us the product and we have verified that it is functioning properly. Whenever using any children’s product, especially one intended for use in water, it is very important to ensure that it is functioning properly before being used. Any product that is malfunctioning, broken, missing parts or in need of repair should never be used. We applaud the submitter’s diligence in checking the function of the item prior to use.

[Can't argue with that last bit.  Emphasis added.]

CPSIA - The CPSIA Testing "Dilemma"

As the House considers how to move a CPSIA Amendment forward, the issue of third party testing looms large.  Why?

That's a really good question. 

You may recall reports that FOUR Members of Congress asked consumer advocates for a list of "victims" of lead-in-substrate at the April 7th hearing.  No names were offered nor were they promised.  This makes perfect sense to the consumer advocates - after all, lead harms "silently" and consequently, it's okay for them to assert that there are victims without being able to prove it.  You can call that "Consumer Group Accountability".  Nice work if you can get it.  So I wonder - if a consumer advocate hears voices in his/her head, do the voices' deranged instructions need to go in the law, too?  It seems to me that if a consumer advocate perceives something, we must accept that it's real, no questions asked.  I assume the answer is yes these days.

Notwithstanding the "gravity" of Rachel Weintraub's assurances, the assertion of invisible lead victims flies in the face of ordinary experience, not to mention logic.  Let's posit that lead harms silently and MOST victims would go undetected.  [I am POSITING this, not conceding this.  I can't buy the assertion that NO victim would ever be detectible - even the advocates don't take that ridiculous position.]  It is indisputable that lead poisoning comes from exposure to lead.  You must come in physical contact with it AND it must make its way into your blood stream.  The mechanisms for lead entering a child's bloodstream are limited to two - breathe it in or take into your digestive system.  Breathing in lead-in-substrate has never been identified as a pathway, so it appears that the only mechanism possible for lead poisoning from lead-in-substrate is ingestion through contact.  You have to put it in your mouth.

Notably, kead poisoning is identified by elevated blood lead levels.  Hence another factor must be considered - namely the lead mass consumed in relation to the volume of blood circulating in a child.  In other words, one must consume XXX milligrams of lead per period to obtain and maintain dangerous blood levels depending on your age (body mass).  Clearly exposure is the critical factor here - the more lead you ingest, the higher your blood lead level would be (theoretically).  [To read a real scientist's explanation of this mechanism of lead poisoning in children and all the footnotes and asterisks to this simplified description, read Dr. Barbara Beck's testimony from the April 7th House hearing.]  Ignoring absorption rates and other provisos from the real world for purposes of this discussion, it all boils down to exposure, right?

Consider that there are 50+ million children in the United States in the regulated age range.  [The VAST majority of lead problems occur in children under five.]  Those 50+ million children span a wide spectrum of life styles, habits, living quarters, adult supervision and mental health.  They have literally TRILLIONS of annual interactions with products regulated by the CPSIA.  Based on my experience and observation, I will assert that some of them, a material but small number, interact obsessively with children's products and mouth them inappropriately.  These few children are extreme cases.  You read about kids like this all the time.  They are the kids who munch down 20 high strength magnets just for the heck of it.  Those kids would exhibit lead poisoning from lead-in-substrate if it were possible in the real world.

So where are these kids?  Can we find any of them?  Apparently not.  They are not in the medical literature.  They are not in the popular media.  They and their parents have not appeared as witnesses at CPSC hearings or on the Hill.  They are not known to the nutjob consumer advocates. They are not known to the ignorant Democratic staffers who staunchly defend this law. [Even though there are 2.2 billion children in the world, most of whom live in conditions ripe with the possibility of lead-in-substrate poisoning, they are not known anywhere else on Earth either, to my knowledge.]  They are not known to ANYONE ANYWHERE.

There's a simple reason for this - they don't exist. 

And if there are no known victims and not one extreme example can be found here or anywhere, I have to ask - why does my government insist that we test our products obsessively?  To what end?

What permits the federal government to blindly demand this of me?  Why isn't the government required to PROVE that there is a REASON that we must burn our money?  If this is all "politics", why aren't jobs, market vitality, well-stocked schools and lean government ALSO "political" considerations?  Is scamming the public about health risks to kids the only way Dems know how to buy votes?

And one more thing - if all of our products comply with the (ridiculous and unjustified) lead standards but we don't test, should I go to jail?  Is this law about safety . . . or about process?  Does Washington really think we're all morons?

You can answer that for yourself.