CPSIA - Help me get around this legislation so I can be in business again.

October 23, 2009 11:35 AM

CPSIA - Help me get around this legislation so I can be in business again.

I started a small online business in January this year selling adorable plushies
It was nothing big by any means, but it made me happier than anything. Since January, the US Consumer Product Safety Commission has passed this piece of work:

CPSIA Guide

The CPSIA pretty much makes it illegal to sell my little guys. They are definitely deemed children's toys and I do not have the means to have each handmade custom item tested for lead, etc.

I'm hoping to find away AROUND the law without hurting the integrity of my tiny business. Once I become more familiar with running a business, I plan to take on other business ventures, so I want this one to follow the rules and be appropriate despite it's small size.

I'm aware of all the small business help I can get locally, but my work schedule has kept me from pursuing this help for months. Before I completely drop this idea, I was hoping some of you may be able to give me helpful insight. I am open to any ideas. Here are some that I have considered:

1. Raising the price. This would make them more of a "collector's" item. My customer base would not buy these at a higher price, unless I can do some major revamping. Before I took them off the market, they sold for $15-25.

2. Naming them inappropriate things. This takes care of the children part of the equation, but hurts the integrity of my business. Not really excited about this option.

3. Making them out of compliant, natural materials such as organic cotton. This is still a viable, but boring, option.

posted by jaynedanger to law & government (15 comments total)

I'm not clear on why making them out of materials that you know to be free of toxins and lead would be a bad thing.
posted by odinsdream at 11:40 AM on October 23, 2009

Why wouldn't your plushies fall under the "natural" exclusion already? What are they made from? If you're absolutely dead sure that they wouldn't be exempt, what's wrong with option 3, again?
posted by StrikeTheViol at 11:46 AM on October 23, 2009

For anyone wondering why this is such a burdensome obligation and/or tempted to knee-jerk something about "ZOMG THE CHILDREN", start here.
posted by Inspector.Gadget at 11:48 AM on October 23, 2009 [1 favorite]

inspector.Gadget; It's not clear what your link means. FWIW, I'm honestly not clear on why option three isn't perfectly viable. I read through the CPSIA documentation and it seems to indicate that it would be fine. Just buy your cloth, buttons and stuffing from a source that can verify they're of the types listed in the CPSIA exclusion list.
posted by odinsdream at 11:52 AM on October 23, 2009

[removed link - please put it in your profile if you want people to look at it]
posted by jessamyn at 11:57 AM on October 23, 2009

For anyone wondering why this is an important safeguard, and/or tempted to knee-jerk something about "ZOMG NANNY STATE", start here.
posted by StrikeTheViol at 12:00 PM on October 23, 2009

Sorry, the link to my product was removed. I made colorful octopus stuffed animals out of recycled plastic felt and fleece. Since these are not "natural" materials or textiles, they are not exempt.
posted by jaynedanger at 12:04 PM on October 23, 2009

[also, very seriously knock it off with the ZOMG stuff and answer the question or take it to metatak, thanks]
posted by jessamyn at 12:11 PM on October 23, 2009

Where do you get the felt, fleece, stuffing and buttons currently?
posted by odinsdream at 12:21 PM on October 23, 2009

I've been buying them at the local JoAnn and Hancock stores. Are they more than likely selling compliant material? Since it's not marketed to children in the form they sell it, I'm not sure if they are doing this or not.
posted by jaynedanger at 12:25 PM on October 23, 2009

StrikeTheVol (and everyone else): The issue is that the new CPSIA guidelines require the finished product to be tested. By the letter of the law, its not enough that you use materials that are certified as Lead Free, you must have each component of a sample of your item tested by an independent lab, at your own cost, in order to get certification. Without certification you can't sell. Wall Street Journal Editorial from January on this topic. The finished-product testing is the main thing so many people, especially small-scale crafters, find to be confusing and burdensome about this law, because the law, as written, says basically that if you use the same bucket of paint to paint a toy car, a toy airplane, and a toy doll, you have to do testing on the car, the airplane, and the doll because they are different "products" even if they contain all the exact same components.

jaynedanger you would do well to check out the CPSIA Forums at Fashion Incubator, which was one of the websites who was the first to "blow the whistle" on how the rules as written would affect small crafters and home businesses. You might find additional information over at Save Handmade Toys. In particular this post made just about a week or so ago might be helpful to you. What is the CPSIA can also be a useful resource (the links to their FAQ and forums are on the right-hand side of the page.) I doubt your local small business association would be able to help, simply because right now very few people completely understand the legislation, and there is a lot of misinformation out there.

The biggest thing I want to tell you is that you're not alone. There are thousands of businesses (from small crafters to resellers like Goodwill to large use bookstores) who are asking the same questions you are, mainly because a) the legislation is confusingly written and b) the CPSC isn't really giving good guidance on how they're going to choose to interpret the confusingly-written legislation. I urge you to get involved with a group like Handmade Toy Alliance, and add your voice to the chorus that says that this law must be amended to ease the burden on small crafters like yourself.

Good luck.
posted by anastasiav at 12:43 PM on October 23, 2009 [6 favorites]

anastasiav - Thanks a LOT! The information you provided really helps.
posted by jaynedanger at 12:55 PM on October 23, 2009

Apparently, enforcement as of today is now absurdly rigid both ways, making the simplest solution for now a disclaimer (not for children under 13) and link.
posted by StrikeTheViol at 3:12 PM on October 23, 2009

Re: StrikeTheViol's suggestion of a disclaimer: I've noticed a sign up in my local Goodwill that says they have not tested any of the products for lead (I think that's the wording; I can try to get a photo next time I'm in there, if you'd like). I have no idea how well that would protect you, if at all, but it kind of SEEMS like this Goodwill store is taking that route, at least.
posted by kristi at 11:31 AM on October 24, 2009

CPSIA in the October 31st New York Times.
posted by anastasiav at 11:44 PM on November 1, 2009