Consumer Law

True Lies: Debunking A Major CPSIA Myth

By Joe Consumer

One of our favorite things to do here at ThePopTort is debunk abject hooey, so today we?ve chosen to address one of the most insidious CPSIA myths out there?the notion that the Consumer Products Safety Commission?s (CPSC) ?hands are tied? when it comes to issuing exemptions to small enterprises, like craft shops and libraries, that find it hard to comply with this landmark child-safety law.  The theory is, Congress must change or scrap the legislation because it has rendered the CPSC powerless.

We know this is a myth, but incredibly, we?ve discovered that the CPSC thinks so too!  That?s right?the CPSC is so absolutely certain of its authority to give the small business community (that it claims to be so concerned about) ?exclusions? to the CPSIA, that it has already clearly asserted it?that is, to avoid complying with another law, at small business? expense.  

The Regulatory Flexibility Act requires agencies like the CPSC to analyze the impact of their actions on small businesses, and when it?s bad, to come up with alternatives.  Here, the agency decided the CPSIA?s impact on small businesses wasn't bad at all.  Why?  Because of its authority to issue exemptions to small businesses from the CPSIA! (See Part G of this document.)  

Now when it comes to the actual issuing of exemptions, it is true that CPSC must first adopt testing protocols to determine that a product is safe.  It already could have done that.  In fact, it had many months to do that.  But the agency still hasn?t done it. 

Why?  Well, we can only just shake our head at this one.  Nancy Nord, current CPSC Chair and Bush holdover, is complaining Congress didn?t give them enough money.

Remember 2007, the ?Year of the Recall? when the CPSC was under fire from all directions for its complete and utter failure to ensure the safety of consumer products?  Well, in an act that ?stunned? consumer advocates as well as some Senators, Nancy Nord ?asked lawmakers in two letters not to approve the bulk of legislation that would increase the agency?s authority, double its budget and sharply increase its dwindling staff.?  That?s right, she said NO to congressional attempts to raise the CPSC budget to $141 million, increase staffing levels by about 20 percent, and ?give the commission broad new powers to police the marketplace.?

So listen up, small enterprise folks.  The CPSC had three different opportunities to come to your aide and it turned its back on you every time.  This agency is not powerless to give you exemptions and it says so itself.  It just chooses not to.  In the final analysis, there is no need for Congress to change this law.  What we need is a change in the CPSC leadership.

Full post as published by ThePopTort on March 27, 2009 (boomark / email).