CPSIA: Overcoming Obstacles and Fighting for Change

Vanessa

Story by Vanessa

Published on Sept 28, 2009 in Read

Photo by UrbanTurn

The Consumer Product Safety Improvement Act (CPSIA) was passed just over a year ago, and since a stay was put in place in February, Etsy makers of children‘s items have kept the conversation going on the special Etsy Forum. From major newspapers to the blogosphere, from mom and pop stores to multi-national corporations, the CPSIA has continued to provoke confusion and ire. We invited Cecilia Leibovitz, a.k.a. paperdreams, to give us an update on the state of affairs. Cecelia is not only the founder of craftsburykids.com, a shop specializing in unique handmade toys and gifts for children — she is also President of the Handmade Toy Alliance, a grassroots organization advocating for makers of small batch children’s products.

Many who produce small batch items for children are well aware of the Consumer Product Safety Improvement Act (CPSIA). You may already know that fabric has been exempted from CPSIA and that crafters are not necessarily required to label their items, but must keep an accurate record system in place in the event of a possible recall. There are very specific stipulations that go along with these exemptions (for example a screen printed T-shirt would not be exempt due to the inks used in this process). I urge you to take a look at the pages linked below for more information.

While many are breathing a sigh of relief now that fabric is exempt from CPSIA, more is needed. Dan Marshall, founder and Vice President of the Handmade Toy Alliance is concerned that while fabric used in a hair bow is exempt, the barrette itself is not, along with zippers, snaps, buttons, etc. used in clothing.

Painted items are not exempt from CPSIA, nor are they part of the one year stay that expires on February 10, 2010. If component testing is not allowed, it will be indefinitely illegal to produce painted items for children without third party testing, unless of course you’re Mattel. The Handmade Toy Alliance has been a strong advocate for component based testing, as the organization recognizes how crucial this point is for crafters and micro businesses, if we are all to survive.

Certain components contain lead that is bound into their structure, and thus not biologically available, even when swallowed. Crystals, some rhinestones and other glass embellishments fall into this category.

In July 2009 the Fashion Jewelry Trade Association (FJTA) requested an exemption from the CPSIA lead limits for crystal and glass embellishments. This request was denied by the Consumer Product Safety Commission (CPSC) in spite of the fact that test data and analysis were presented, showing that ingestion and mouthing of leaded crystal would result in absorption of so small a quantity of lead that it may not even be detectable in a child’s blood stream.

According to CPSC Chairman Inez Tenenbaum, denial of the FJTA’s request was due to CPSIA language, which states that the possibility of *any* (without specification of whether the amount must be determined harmful or not) ingestion of lead renders an item unacceptable under CPSIA standards. In an official CPSC statement, Tenenbaum said that “…while Commission staff recognized that most crystal and glass beads do not appear to pose a serious health risk to children, because ingested crystal beads that leach lead will result in some lead absorption, the request for an exclusion must be denied.”

At this point, various distributors claim to offer low lead and lead-free crystals and rhinestones. If you are using these items on products for children, you will want to be sure they truly comply with the law.

“The test data I’ve seen for these alternative rhinestone products is based on modified EPA Method 3051,” says Sheila Milar, a partner with Keller and Heckman LLP and counsel to the Fashion Jewelry Trade Association. CPSC specifies use of modified EPA Method 3052 to test crystal and glass. Method 3052 uses hydrofluoric acid in the solution to digest crystal, which can’t be completely digested using hydrochloric acid.” Ms. Milar added, “Many laboratories will not handle hydrofluoric acid and the fact that such a strong and dangerous acid is required to fully digest crystal and glass is another indication of how lead is bound into the structure of the material.” It is still not clear whether test results based on Method 3051 would be acceptable, and the jewelry industry is seeking clarification.  

Heather Flottman, a board member of the Handmade Toy Alliance and owner of children’s clothing label  Liliputians NYC, hasn’t let stringent regulations stop her from creating and selling her work. “I use some flat back buttons that look like jewels. I XRF tested them and they came in less than 10ppm for lead,” says Heather.

“There are safe alternatives to the classic Swarovski crystal out there. People do not have to give up nor do they need to report every sparkly thing they see to CPSC,” adds Heather. She uses plastic button eyes for her appliqués, has certification from the manufacturer that they are lead free, and XRF tested them herself just to be sure.

If as the CPSC has alluded to, component testing is allowed in the near future, items like Heather Flottman’s buttons will be tested by the manufacturer, and it will be affordable and easy for crafters to use them. In the event that this doesn’t happen, Heather says she will switch to buttons made of natural materials exempt from CPSIA, such as unpainted wood and shell.

As we move forward, let’s work together to fix the CPSIA, as well as network and find creative ways to navigate the law. Now more than ever, it is of the utmost importance that we do not turn against each other.

Further Resources:

Check out the CPSIA Forums for More Discussion

Discuss: 98 comments

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  • moonstr

    moonstr says:

    THANK YOU! very informative! *hugs*

    2 years ago

  • vivikas

    vivikas says:

    Valuable information, thanks!

    2 years ago

  • KOALACaddie

    KOALACaddie says:

    Thank you very much for this update.

    2 years ago

  • MinceCo

    MinceCo says:

    mm, there's a lot to consider, let's make sure the kids are safe

    2 years ago

  • pinkytoeclothing

    pinkytoeclothing says:

    Thank you, thank you for this!

    2 years ago

  • LuminousDreamDesigns

    LuminousDreamDesigns says:

    Very informative article! Thank you :)

    2 years ago

  • lovelygifts

    lovelygifts says:

    Thank's for the info!

    2 years ago

  • KateEmersonDesigns

    KateEmersonDesigns says:

    Such a valuable Post.. Thanks for keeping us informed on all the CPSIA updates..

    2 years ago

  • FrillyButts

    FrillyButts says:

    Thank you so much! This is a very confusing subject for me, but this has cleared up a few of my questions.

    2 years ago

  • Tias

    Tias says:

    Safety first - First Aid last ;)

    2 years ago

  • SewnNatural

    SewnNatural says:

    thanks... important info and the deal about Mattel is very very very disheartening. the very company whose recalls led to this new legislation are now exempt from 3rd party testing.

    2 years ago

  • paisleybaby

    paisleybaby says:

    Thank you for keeping us up to date about this.

    2 years ago

  • paramountvintage

    paramountvintage says:

    extremely helpful information! this is so important!

    2 years ago

  • creationsnthings

    creationsnthings says:

    Great bunch of info! Thank you so very much. It's important to keep up on these things even if you don't make things for children. You may run into some of these issues in the future. Thank you for doing all the leg work on this subject.

    2 years ago

  • MyMoms

    MyMoms says:

    Thank you for the info! Great picks.

    2 years ago

  • Fishstikks

    Fishstikks says:

    Lots of great information posted here! Lots to read and think about too! Wanted to say that the wooden kitty bowling kit is just too adorable!!

    2 years ago

  • smidgebox

    smidgebox says:

    thanks for this post, it's so hard to keep up with all the info! While for me, i'm thrilled that fabric is exempt, i know how important it is for all the other makers out there to keep fighting this badly-thought-out blanket legislation. Thanks for all your hard work!!

    2 years ago

  • MilkGlassVintage

    MilkGlassVintage says:

    Keep on pluggin' all you talented eco-friendly Etsians! People WILL find good products and they'll be back for more, I'm sure of it.

    2 years ago

  • StichesInTime

    StichesInTime says:

    Thanks for the info, this is such a complicated issue.

    2 years ago

  • girltuesdayjewelry

    girltuesdayjewelry says:

    Good stuff to know. I love that the answer to if not all, nearly all questions, can be found somewhere on Etsy!

    2 years ago

  • michon

    michon says:

    great article, I hope (as someone with a young child & another on the way) that I am still able to buy handmade things for my kids!

    2 years ago

  • Imaginationkids

    Imaginationkids says:

    Thanks for the great article!

    2 years ago

  • warmnfuzzies

    warmnfuzzies says:

    Great article! Disgusting about Mattel, though.

    2 years ago

  • worksofwhimsy

    worksofwhimsy says:

    Thanks for the update.

    2 years ago

  • theenchantedcupboard

    theenchantedcupboard says:

    Thank you! Always good to have an update!

    2 years ago

  • outtahand

    outtahand says:

    Thanks for keeping us updated!!

    2 years ago

  • littlealouette

    littlealouette says:

    we love you Ceci! Thanks for all you do!!!!! xoxoxo

    2 years ago

  • bhangtiez

    bhangtiez says:

    Great update...thanks!

    2 years ago

  • SkidMarkKid

    SkidMarkKid says:

    Thanks so much for the update!

    2 years ago

  • HoneysuckleLane

    HoneysuckleLane says:

    Thanks for keeping us up to date on the news!

    2 years ago

  • Zooguu

    Zooguu says:

    Great article - thanks for keeping us informed. I'm very thankful that fabric is currently exempt, but I've had my products XRF tested as well. It's important when trying to build a handmade business that I am doing doing what I can to try and comply with the law. I really hope that component testing is approved. That would help a lot of small businesses and crafters. Thanks for keeping up the fight, everyone!

    2 years ago

  • bugbitesplayfood

    bugbitesplayfood says:

    Thanks for the overview - it has been so difficult to sift through facts mixed with rumors & gossip. It is nice to have a simplified overview of the requirements. Cheers!

    2 years ago

  • PipocaHandmade

    PipocaHandmade says:

    Very informative and thoughtful...Thanks for this post!

    2 years ago

  • SewFunDollClothes

    SewFunDollClothes says:

    Thank you so much for keeping us updated!

    2 years ago

  • KimsCraftyApple

    KimsCraftyApple says:

    Thanks for the recap of what the situation is...it's hard to keep up with all the changes. What crap about matel! unbelievable!

    2 years ago

  • ArtTales

    ArtTales says:

    Great read. Confirmed everything I've already read. Thanks :)

    2 years ago

  • allthenumbers

    allthenumbers says:

    Thank you so much Cecilia for keeping this topic on people's radar. This fight is not over!

    2 years ago

  • zeropumpkin

    zeropumpkin says:

    cute articale :D

    2 years ago

  • thetrendytot

    thetrendytot says:

    Great job covering this important issue! So much more left to do!

    2 years ago

  • oliveandollie

    oliveandollie says:

    Great job, Cecilia and Vanessa. Thank you very much!

    2 years ago

  • warpedLaurie

    warpedLaurie says:

    News to live by.

    2 years ago

  • Junienone

    Junienone says:

    This is very helpful - thanks so much!

    2 years ago

  • 1AEON

    1AEON says:

    love the Jewel Beetle by damestarbaby:)

    2 years ago

  • theqstore

    theqstore says:

    Thank you with big hugs! Great info!

    2 years ago

  • auleecreations

    auleecreations says:

    Marking ! Thanks a lot !

    2 years ago

  • noabrumberg

    noabrumberg says:

    thanks guys, good to know :)

    2 years ago

  • evihan

    evihan says:

    greattt linksss...wonderfullll

    2 years ago

  • ovgilliesdesigns

    ovgilliesdesigns says:

    Thanks a lot for this article! Very good to have these things simplified! & to have the links

    2 years ago

  • bytheway

    bytheway says:

    Thank you for the update! It is good to know about fabric and that we can get on with creating and supporting our families :)

    2 years ago

  • HandKnitHugs

    HandKnitHugs says:

    thanks so much for keeping us updated.

    2 years ago

  • HibouCards

    HibouCards says:

    Thanks! a big sigh of relief reading fabric has been exempt :) Now I can go back to work!

    2 years ago

  • SweetPeaandCo

    SweetPeaandCo says:

    Great article! It's so disturbing/disgusting though that a huge corporation such as Matel can get away with not having to test their products.

    2 years ago

  • PoshDots

    PoshDots says:

    Although somewhat depressing...good info. I guess my "kiddie" collection will remain inactive for a while, if not forever. Silly considering all of the paints are 100% lead free and non-toxic. In fact, I can still purchase them for use in my elementary art classroom...for now anyow. :(

    2 years ago

  • ChantinaDesigns

    ChantinaDesigns says:

    Hi All. I'm new to Etsy and excited to part of the network. Check out my new infant/toddler fall fleece jackets and hats. Keep up the good work everyone.

    2 years ago

  • StudioCherie

    StudioCherie says:

    Thanks for reporting. Those painted house blocks are sweet!

    2 years ago

  • Oriol

    Oriol says:

    Wow, really great article! thanks for the info and the work you did for that post!

    2 years ago

  • QuiltFinger

    QuiltFinger says:

    Mattel's skyrocketing earnings is sickening! Consumers should boycott their sweatshop-manufactured poison bombs.

    2 years ago

  • VixVintage

    VixVintage says:

    Great information, thank you!

    2 years ago

  • cassidycay

    cassidycay says:

    Thanks for the information!

    2 years ago

  • recycledwares

    recycledwares says:

    lots of information to remember. i wish the best for all the artists out there trying to keep up with the guidelines and regulations - you have your work cut out for you.

    2 years ago

  • nomadcraftsetc

    nomadcraftsetc says:

    This is very good to know. I feel so bad for all of those who produce children's items, it must be so frustrating. This is a great article and should be read by everyone on etsy.

    2 years ago

  • EyeDesire

    EyeDesire says:

    Great information, thank you!

    2 years ago

  • TheEnchantedSquare

    TheEnchantedSquare says:

    Great article. Thanks

    2 years ago

  • amoronia

    amoronia says:

    Thank you for letting everyone know.

    2 years ago

  • thecluelesscrafter

    thecluelesscrafter says:

    I never realized what up hill battles Etsy sellers had to face. Thanks for filling me in on all the odds and ends involved.

    2 years ago

  • modmomfurniture

    modmomfurniture says:

    Thanks for the info. Being in the toy box business, this is a huge concern of mine.

    2 years ago

  • RetroGlamorous

    RetroGlamorous says:

    Great Article, Thank you!

    2 years ago

  • bamdesigns

    bamdesigns says:

    great info and thank you Etsy for keeping us up to date- it is hard to keep up with all the info constantly being released. I am sad that the company that caused this issue is exempt- it is sickening that they can earn a living without any rules while handmade artists who did nothing wrong lose out.

    2 years ago

  • pixiegirl12

    pixiegirl12 says:

    Thanks for the information!

    2 years ago

  • BPyarns

    BPyarns says:

    Thank you ~ most important to stand together as crafters!

    2 years ago

  • CrankHeartPony

    CrankHeartPony says:

    Im so glad to see some progress being made as a person who makes and buys handmade toys..things are looking up!

    2 years ago

  • liliputiansNYC

    liliputiansNYC says:

    Thanks for being a voice of reason Cecilia (as always!) and I do hope that many out there will read this and decide NOT to give up or close shop. There is a way to comply with CPSIA and still create and do what you love. They can coexist, just wish it was a little easier (read component testing) and cost effective (again . . . component testing . . . and continuing to allow XRF as a testing method even if for just low risk components). Heather :-)

    2 years ago

  • shopgoodgrace

    shopgoodgrace says:

    Hooray Cecilia!! Thanks for all of your hard work and effort in keeping this confusing issue in the forefront. It's sad to see this legislation affecting artisans and craftsman in such a manner ...

    2 years ago

  • 2sweetthings

    2sweetthings says:

    Great info, thanks!

    2 years ago

  • PainkillerStudios

    PainkillerStudios says:

    "As we move forward, let’s work together to fix the CPSIA, as well as network and find creative ways to navigate the law. Now more than ever, it is of the utmost importance that we do not turn against each other." Truer words have never been spoken. **The fact of the matter is that Big Business is trying to put laws in place to keep small businesses from getting a share of their market. Period.** Thank God for leaders out there like Cecilia that keep our heads up and give us strength.

    2 years ago

  • beehappy2005

    beehappy2005 says:

    Thanks for all of the info. I'm so glad they've exempted fabric, but keep hoping for the best for everyone else! I will now be boycotting Mattel.

    2 years ago

  • Iammie

    Iammie says:

    Thanks for info. ***FREE SHIPPING from Thailand on SALE SECTIONS!!! Many things are ON SALE!!! SAVE AT LEAST $4 for shipping!*** Plus 2 gifts every purchase!!!

    2 years ago

  • VellumCreations

    VellumCreations says:

    Great article! thanks a lot Vanessa!

    2 years ago

  • RSSDesignsInFiber

    RSSDesignsInFiber says:

    A relevant suggestion - there are handmade fiber buttons or attachments that can be used as buttons or fasteners or decorations that qualify for exemption from the CPSIA under the exemption fro dyed textiles (fabric and yarn and threads - all handmade with crochet thread or yarn. Memebers of the Etsy Thread Artists Team make all kinds of small flowers or other shapes that can be used as appliques, all kinds of decorations or as buttons. Under Handmade - search "threadartiststeam" - if you also put "+ flower", you will get quite a variety of small flowers made in crochet thread that can be sewn on or attached as decorations or buttons. Can even make eyes for those stuffed animals or figures! I personally have specific patterns for different buttons - all thread or yarn - and cords and braids - and lots of flowers and leaves patterns. And I have lots of different colored threads and yarns in my personal stash. These are great solutions to this problem of colorful decorations on childrens items that will comply with the CPSIA now that dyed textiles are exempt. And are totally safe for babies and kids!! I don't know about other people, but many members of Etsy Thread Artists (threadartiststeam) will also do custom orders!

    2 years ago

  • KLTworks

    KLTworks says:

    Thanks! Your constant efforts to inform us are much appreciated. Great article!

    2 years ago

  • neverenoughhours

    neverenoughhours says:

    Thanks for th summary and update.

    2 years ago

  • Stephanie1016

    Stephanie1016 says:

    Wow. Eye opening. I was unaware of these new laws. Thanks so much....lots to think about!

    2 years ago

  • figandme

    figandme says:

    Thank you so much for your article!!...although I got confused when you mentioned that crafters are not required to label their items...we ARE required to label our items, to have place of manufacturing and a date...we are not required however to have the cohort information, which will be defined as a "tracking number" since it is not necessary for us to have this kind of information due to the small number of output. However, we are required to label our creations. Thanks for the links!!! I'll try to keep up with your posts and all the info out there.

    2 years ago

  • paperdreams

    paperdreams says:

    figandme- Glad you enjoyed the article. Thank you for your comments. The labeling requirements are complex, which is why I included the link to the CPSC policy.

    2 years ago

  • bstrung

    bstrung says:

    Thanks for the info

    2 years ago

  • poprelique

    poprelique says:

    I don't make anything for children but you never know, I may in the future, so this article wowed me with all this info. Kudos to Cecilia for having such in-depth knowledge on this subject.

    2 years ago