In the past few weeks, I have received several requests e-mails from other mothers urging me to sign a petition that would exempt “small toymakers” and “trusted toy companies” from the mandatory third party toy safety testing legislated by Congress to ensure the toy supply is free from elevated levels of lead, phthalates, and the like (the Consumer Product Safety Improvement Act). The idea is to let certain toymakers off the hook for safety testing, which the “Handmade Toy Alliance” claims can run from $150 to $4,000 a toy. Some of the petitions seem to suggest that the toxic toys in our toy supply come exclusively from China, that American toymakers can be trusted, that European toymakers are so vigilant that toxic toys do not enter their toy supply, and that toymakers who manufacture batches of five thousand toys or fewer produce “safe” toys. These petitions warn of bankruptcy, of toymakers pulling out of the U.S. market, and other unlikely doomsday scenarios.
These petitions are deeply upsetting to me, both as a consumer and as a mother. These petitions are seriously misleading; many of them are authored by toy manufacturer front groups, and are written in such a way that have convinced thousands of parents that the only way to ensure a safe toy supply is to let small toymakers and “trusted” companies bypass toxicity testing.
Just last week, The Ecology Center released its toxicity results for more than fifteen hundred toys. One in three was found to contain elevated levels of either lead, bromine, PVC, mercury, or arsenic. Perhaps more worrying, the Center found that the country of origin mattered little when it came to what toys contained high levels of toxins. For example, the Ecology Center found 21% of toys from China had detectable levels of lead in 2008; 16% of toys from all other countries contained detectable levels of lead. And of the seventeen toys made in the USA that the Ecology Center tested, a whopping 35% had detectable levels of lead. In fact, one of the toys containing the highest levels of lead—an unbelievable 190,943 ppm—was the Halloween Pumpkin Pin made here in the States.
With information like this at hand, the text of one petition becomes even more distressing: “I support a reform of the CPSIA so that toys made in batches of less than 5,000 units per year or manufactured within the USA and trusted countries with established toy safety regimes such as Canada and the European Union be held exempt from third party testing requirements.” If the petitioners have their way, the manufacturers of the Halloween Pumpkin Pin, and other U.S. and European toys would not be required to undergo independent toxicity testing.
Another particularly alarming example can be found on the Mothering.com website. An editorial urges parents to write to their congress people and demand exemptions. Haba was singled out as a toymaker that would unfairly affected by mandatory toy testing. But the Ecology Center found several Haba toys contained elevated levels of toxins, including one toy with frighteningly high levels of lead. Yet Haba falls into the petitioners’ category of “trusted company.”
Petitions like these are dangerous because they serve to muddy the waters at the already turbid waters of the Consumer Product Safety Commission (to whom these petitions will be sent). Worse, they make consumers—including those of us who worked so hard to get the CPSC to get its act together—look fickle, ill-informed, and less credible than we wish to seem. It's as if we parents are talking out of both sides of our mouths: we want mandatory testing, but we want some toymakers to be exempt.
Safety testing is a cost of doing business in this country. Our regulatory agencies have been embarrassingly inefficient when it comes to protecting consumers, most especially children. Now that the government has stepped up and offered us a basic protection we should have had years ago, thousands of parents are asking for that protection to be rolled back. I find it astounding. . It would be easy if the only people complaining about these new regulations were toy manufacturers and other industry types with a dog in this fight. But with thousands of concerned, well-meaning parents signing their names to these ambiguous petitions, the problem becomes infinitely more complex.
Mandatory third-party testing of toys should be just that: mandatory. All toy companies who ask us to purchase their toys for our children should take part in this very basic part of doing business. No matter if their batches are 500 or 5 million. And if toy companies can’t or won’t adhere to this law, then I will not be sorry to them go.
Isn't this what we've been fighting for all along?
If you get one of these petitions, please read it carefully before deciding to sign it. If you don't want to sign it but don't want to have to explain yourself, send them a link to this post.
Link to one of the petitions currently circulating. Please note the petition is sponsored by the "Handmade Toymakers Alliance."