Cluster F@&* called CPSIA

Congress wrote a bad law (good intentions, poor execution) and the chances of them backing down on it are slim to none.  They are not generally known for saying, "Whoops.  That was a bad idea."  Kathleen Fasanella wrote a good post on why a small business exemption isn't going to happen and why it shouldn't happen.  (You can catch up on the CPSIA hoopla here, in case you missed it.)

So yesterday morning I was thinking about what I would do if I sold children's products.  I wouldn't want to break the law, but I wouldn't be willing to just walk away from the the hard work I had put into my business either.  (Again, this is not advice-- just random thoughts-- I have no license to practice law--- this does not constitute legal advice-- yada, yada yada.)  Most businesses don't have the cash to survive until the law is clarified, so the owners have to come up with a way to work around the law as it currently stands. 

If it were me, here are ideas I would investigate:

1.  If my products were at all applicable to the public in general, not just children under 12, I would put warnings on my website and items that the "item is not intended for children under 12".  If a parent buys a hairbow and chooses to put that on their child, I can't stop them.  But a 15-year-old can also wear a hairbow.  I would remove any pictures of children from my tags and website and just show pictures of the hairbows alone or on older models.  For children's clothing- this idea probably wouldn't hold water because a 24-month size definitely implies "for children".

2.  I would watch the CPSA's definition of "used" products.  Currently, I do not see where they have defined it.  And they have exempted resellers of "used products" if they have a "level of confidence" that they do not contain lead.  Apparently, they can still be held liable if they sell something that contains lead, but they can sell these items without testing.  (I know-- it doesn't make sense.)  The former spokeswoman for the CPSA, Julie Vallese, said you could obtain a "level of confidence" by looking at an item.  (Seriously, she said that here.)  This is truly a cluster f@&* exemption as well.  But I might figure out how to sell my products as used, not new.  Admittedly, this idea creates a very slippery slope.

3.  If I sold children's clothing, I would stop doing that.  I would now offer a sewing service to my customers.  They provide the fabric, you sew the goods.  You define "provide" however you feel comfortable.  I would invoice them for the fabric separately and put on the invoice "not intended for children under 12 as the item has not been tested for lead as required under CPSA".  (Similar to the flammability disclaimers shown on fabric invoices.)  I think icing on the cake would be to require that the customer sign a document certifying to YOU that he or she has no knowledge that the fabric contains lead and will be held liable if it does because the item might be used by a child under 12 plus you are being exposed to the hazard through your work.  Okay, so that is a bit over the top, but you get my point.

My ideas will not work for someone selling through retailers- only someone who sells their items directly to the consumer via the web or craft fairs.  Most retailers (smart ones anyway) aren't going to let you expose them to any liability.  But it might buy some time until the law is clarified and compliance to the letter of the law is logistically and economically feasible.

(And let me add before I'm accused of feeding babies lead-- I agree lead is dangerous.  Just most of the items that have been swept under this CPSIA umbrella have never contained lead and/or have never been the source of lead poisoning.  So no lead pacifiers, please.)

Comments

[Amy @ parkcitygirl]

I like your take on this :) I just realized I have some dolly quilts that will probably need to be taken out of my etsy shop soon - bummer. . . .

[Sandy toes]

It's just more control for the government. Why doesn't the big FACTORIES that bring the textiles over from China...test it before the American purchases???

It's crazy..I feel sorry for all your etsy ladies
-sandy toe

[Jemellia H.]

Good post, J. I did not realize this new law included children's clothing. That blows.

[tara @ kidz]

Congrats on being today's creative blog. Oh my the kid's room picture they showed.... I'm so in love with it! You are fab.

[Tiffany]

Very nice angle to the situation! I love the spin you have put on it. After all, politicians, lawyers and corporate big wigs have built careers on finding loop-holes in the law so why not the little people?! If you can't beat 'em then join 'em! It takes creativity to make all the things we do so it will take creativity to find a way around this ridiculous new law.

[Jen]

Ok, I am SO confused now. I am just starting an Etsy shop up and I make handmade items. I sew purses, makeup bags, aprons, home decor(fabric items) and was just dipping into baby items like bibs, burp cloths, and some clothes for friend's kids. Everything I use is 100% cotton fabric(mostly)....Would you mind emailing me to discuss this a little more. I honestly do not see how they say there is lead in Cotton Fabric?! Or wood? I make wood frames, painted with acrylic paints, some are covered in paper, some in fabric. I am just confused. I do not want a fine or to break the law, so can you help me out here & explain what this is really all about? Ive read your posts and the links you posted.

(Jona from fabritopia & Her blog sent me to you!) Love your blog & your store, by the way!

Jennifer

[Ramona]

Isn't there a way to bypass this mess? DH and I run a farm. We are not allowed to sell potatoes for planting (you need a special licence), only for eating. So many people who come and ask if they can use our potatoes to plant in their gardens, are told- maybe, as long as you don't tell us, we don't mind if you eat the potatoes this year, or the ones you'll harvest next years... Or if we sell fresh milk, we always MUST say to the customer that it is fresh milk and he/she MUST cook it before drinking it. We don't have to check if they follow this advice, but we told them to.
So, why don't you just say that the item you sell is not intended for children under 12 years. It then is totally up to the parents to decide wether or not they will stick to the rule.

[Lisa @celebrate CREATIVITY]

Just found you via Kim at Creative blog. Your work is just beautiful. I think I recognize that sofa. Was that for Anna Maria Horner?

I've always wanted to learn how to upholster and have tried a few pieces with some not-so-successful results.

Your work is wonderful and I'm inspired to try my hand at it again-lol. Hmmm, wish me luck.

[Diana]

Found you through Today's Creative Blog. Thanks for this post. I'm a retailer and may just lose some vendors over this. Ugh. lol Anywho, love, love, love your creations! You inspire me. :)