CPSIA -- totally confused. Help!!

[tweetybird_bren]

I've been making clippies for DD for the past year and have sold a few to family and friends. I just ordered a bunch of supplies to start selling on etsy, etc. I just found this forum and the news about CSPIA (something I had not heard about) and from what I can tell, I've just wasted a ton of money. I checked with one site I ordered from and they say they have certs for their products, but what do I do with all of the ribbon I've picked up at Joanns, Michaels, Target, etc. over the past year? What about the clips and other supplies I got on ebay a year ago? The hotfix swarovskis and bejeweler I just bought on ebay and can't return?

Am I just S..O.L on all of this stuff as far as trying to sell on something like etsy? Obviously family/friends will still probably buy, but I have way more materials than those sales would have needed. I was really looking forward to being able to get a bit of income in the door since I SAH now and our savings (our only income right now) has tanked with the market. Can I still safely market to friends in my moms' groups as long as I stay off public sites like etsy and just use a disclaimer with them? Should I be looking to return/cancel orders?

[Miranda1]

Actually, technically the law already passed and started on Feb 10th, the CPSIA did announce a one year stay, but this is were the problem lies.
Several State Attorney Generals have said you still have to test even with the stay. The stay is just a suggestion by the CPSIA it's not an amendment or change to the original federal law. So check with your State AG to see what their guidelines are. What we need is to keep pressuring Congress to get this original CPSIA law changed so that we can be in compliance without the unreasonable testing cost put on the small business owners shoulders.

[Majdjn]

Ok here is what I understand after following this for months:
1. The stay is only for testing the final product via third party. This means that at least for this year (until they make up their mind) we do not have to test our final product by a 3rd party lab. What we have to do is make sure your items have no lead. HOW? no one really knows, some are saying XRF guns and some are saying make sure you have a certificate from your suppliers that states there is no lead in the supplies you buy.
2. Textiles do not have to be tested since it has already been proven by many textile and children's clothing companies after a lot of research that there is no way for lead to get into textiles. that includes Ribbon.
3. Swarovski's have lead...that is their main componant...so do not use them.
4. children's jewlery still need to be tested by a 3rd party (even with the stay).
HTH,
-Majd

[tweetybird_bren]

Thanks for the help. This is so ridiculous. I can't put a rhinestone on a clip that my DD will wear in her hair maybe once a week, but I'm supposed to inject her little body with aluminum and all sorts of other chemicals and toxins per the vaccine schedule. If they want all childrens products to be safe, maybe we should start with things we directly inject into their bodies instead of toys they may or may not put in their mouths a couple of times. I'll still be using them on her clips and I'm not getting rid of my plastic toys either, lol.

[babesnbows]

Originally Posted by tweetybird_bren

Thanks for the help. This is so ridiculous. I can't put a rhinestone on a clip that my DD will wear in her hair maybe once a week, but I'm supposed to inject her little body with aluminum and all sorts of other chemicals and toxins per the vaccine schedule. If they want all childrens products to be safe, maybe we should start with things we directly inject into their bodies instead of toys they may or may not put in their mouths a couple of times. I'll still be using them on her clips and I'm not getting rid of my plastic toys either, lol.

well said

[kaneohegirl]

go here Class Action Lawsuit | Reform CPSIA
they too have alot of info on CPSIA...

they are also in process of collecting participants for the lawsuit to reform the law.

[Jenboree]

Has anyone heard back from their State Attny General as to how they intend to enforce the CPSIA, and whether or not they will respect the CPSC's stay of enforcement regarding testing and certification? I emailed mine (NY) and have still had no reply. I know a seller out of TX got a response from her SAG that they couldn't give out legal advice (i.e. preferred not to answer the question).

I don't think you'll have much, if any, luck returning your supplies. Keep in mind that ribbon is not really a product intended for kids, so they have no obligation to test and certify it per CPSIA.

As far as hair clips go, I do think suppliers will likely test and certify, eventually. I emailed the CPSC to ask if metal hair clips were considered jewelry and therefore subject to jewelry standards & regs. After some back and forth, they sent me the following:

"We did not find information that states barrettes, hair clips or other hair accessories are considered as jewelry. However, if the product is intended for children under 12, the product will need to comply with the new law."

So clips must be compliant with lead limits, but are not subject to jewelry regulations.


Hang on to your stuff. I'm hoping sanity will prevail sooner rather than later. Send letters and emails to your reps with your concerns - they seem to think we are expendable.

www.JenLynnDesigns.com

[luvsfordpower]

I would join but wow... a $250 retainer. Ouch.

[Jenboree]

Originally Posted by kaneohegirl

go here Class Action Lawsuit | Reform CPSIA
they too have alot of info on CPSIA...

they are also in process of collecting participants for the lawsuit to reform the law.

I don't know a whole lot about this, but did read an article arguing that while the CPSIA is a lot of things, it's not unconstitutional, and that the law suit is being brought by an attorney not expert in this particular area. Seemed to suggest it was a waste of money/time and that we are better off fighting Congress to get an amendment. Read the article here:
Is litigation the answer to the CPSIA problem?

www.JenLynnDesigns.com

[classycreations]

Originally Posted by tweetybird_bren

I've been making clippies for DD for the past year and have sold a few to family and friends. I just ordered a bunch of supplies to start selling on etsy, etc. I just found this forum and the news about CSPIA (something I had not heard about) and from what I can tell, I've just wasted a ton of money. I checked with one site I ordered from and they say they have certs for their products, but what do I do with all of the ribbon I've picked up at Joanns, Michaels, Target, etc. over the past year? What about the clips and other supplies I got on ebay a year ago? The hotfix swarovskis and bejeweler I just bought on ebay and can't return?

Am I just S..O.L on all of this stuff as far as trying to sell on something like etsy? Obviously family/friends will still probably buy, but I have way more materials than those sales would have needed. I was really looking forward to being able to get a bit of income in the door since I SAH now and our savings (our only income right now) has tanked with the market. Can I still safely market to friends in my moms' groups as long as I stay off public sites like etsy and just use a disclaimer with them? Should I be looking to return/cancel orders?

So to all of you knowledgeable in this area. What do we do put a disclaimer on our product cards that says: "not recommended for children under 12"?