February 10, 2009 untold numbers of children's products manufacturers and retailers will be closing their doors.

Tomorrow’s Lead Regulation Deadline Will Ruin Small Businesses

Posted: February 9th, 2009 | Author: | Filed under: Act Now | 1 Comment »

From the Coalition for Safe and Affordable Childrenswear
FOR IMMEDIATE RELEASE Monday, February 09, 2009
CONTACT: Trey Ditto at tditto@rubenstein.com or 212-843-8063

The Childrenswear Coalition Warns Lawmakers: Tomorrow’s Lead Regulation Deadline Will Ruin Small Businesses. Without urgent action by Congress, runaway rules will force manufacturers out of business, cost thousands of jobs

NEW YORK – Tomorrow’s February 10 deadline to comply with the new federal lead regulations will lead to massive job losses in New York ’s garment industry, as small manufacturers are forced to return upwards of $500 million in untested lead clothing from retailers with to 4,000 employees being laid off, according to the Coalition for Safe and Affordable Childrenswear (www.safechildrenswear.org). The only way to stop this catastrophe is by Congress intervening immediately.

“Congress has one more day to save thousands of jobs in New York and tens of thousands of jobs in America by demanding the Consumer Product Safety Commission fix these runaway regulations,” said Cory Silverstein, Executive President of Kids Headquarters and a Member of the Coalition Executive Committee. “If New York Members of Congress don’t intervene in the 11th hour and prevent these unrealistic rules from being applied retroactively to safe products already on the shelves, thousands of their constituents will be out of work and their districts will lose hundreds of millions of dollars in revenue.”

Another course of action could be inserting Sen. Jim DeMint’s (R-SC) legislation into the stimulus plan. The bill, that costs nothing, calls for a delay in the rules to give the CPSC the time it needs to develop a balanced, sensible approach to testing and certifying children’s clothing and eliminating the retroactive implementation of the regulation by making the compliance deadline for the new standards a “manufactured by” date, not a “sell-by” date. Thus far, the bill has received no support from Democrats and its leadership.

“The only thing that makes less sense than the CPSC’s regulations is Congress refusing to use the stimulus bill to save thousands of good manufacturing jobs,” Silverstein said. “If they are willing to spend almost one trillion dollars on projects and programs they think will project jobs, you would think they would be thrilled to have the opportunity to keep thousands of Americans employed without spending one dime.”

The new federal rules, which implement new lead standards set by Congress in the Consumer Product Safety Improve Act (CPSIA) that was passed last year, would retroactively apply to children’s clothing already on store shelves and in the inventory pipeline, forcing manufacturers to take back upwards of $500 million in returns of safe products. A ruling by the Consumer Product Safety Commission delayed some testing requirements for a year and said retailers should act in good faith that their products are safe. This stay – deemed unacceptable by the coalition – has created mass confusion among retailers, who are erring on the side of caution and will return untested products to manufacturers.

“If these totally unreasonable and unrealistic regulations go into effect on February 10th, they will have a devastating impact on a critical small business sector in New York at the worst possible time, when retail sales are plummeting and our economy is losing jobs across the board,” said Steve Levy, Director of Operations of Star Ride Kids and member of the coalition’s executive committee. “Once the February 10 deadline passes, we expect to receive hundreds of boxes of clothing from our retailers who are erring on the side of caution and returning untested clothing. And if the Commission or Congress doesn’t act, small businesses will go bankrupt and thousands of employees will be laid off.”

The Coalition, which represents 130 small manufacturers in New York , said it fully supports the spirit of the new lead standards, but a broad mandate is reckless and unrealistic.

“Our Coalition is committed to producing clothing that is safe and healthy for children. We are parents as well as business people, and we take our responsibilities to our consumers extremely seriously,” said Silverstein. “But you can’t just take an ax to such a broad issue. Instead, the Commission must evaluate each industry.”
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One Comment on “Tomorrow’s Lead Regulation Deadline Will Ruin Small Businesses”

  1. 1 SD said at 7:35 am on February 10th, 2009:

    “Great” guidance (if you can call a rough draft not even approved by the agency itself guidance) from CSPC this morning for small retailers. My favorite is the phthalates Q.16. After all this advice on testing for Lead, it basically states that there is no reliable way to screen for phthalates, but the limits still apply. Combine this with the fact that small manufacturers are not required to put out the Certificates of compliance yet, the advice as to not sell anything that you don’t “know” is safe is ridiculous. (No reliable test, no certificate of compliance, how exactly am I going to defend myself to the AG that I’m some omniscient being that “knew” they were O.K.)


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