Date: Tue, 16 Dec 2008 14:04:49 -0800
To: puptcrit-AT-puptcrit.org
Subject: Re: [Puptcrit] "new" rules for the CPSIA legislation


Hi Lucky,

Could direct me to the other group(s) where you are finding info  
about this issue? -Thanks!

I'm actually in-process making some plush toys based on characters  
from my puppet show. I was inspired in part by Hobey Ford who  
manufactured his "Peepers", which I think is a wonderful toy for kids  
of all ages -- and Bill Stout (artist extraordinaire) who encouraged  
me 5 years ago to make toys based on my characters. I'm finally doing  
it!

And so at this time, I'm learning about the issue. I called the Toy  
Industry Association who is responsible for authoring the new  
regulations. However, due to legal reasons they couldn't advise what  
actual testing needs to be done -- only that it MUST be done -- and  
the lab would be able to tell me what tests to do. Upon contacting  
the lab, I learned that full compliance testing will cost approx.  
$1000-$2000 per toy item for my very simple plush toy designs.  
According to the lab technician, the law states you need to redo all  
tests for each variation, so for example, if you have a plush toy  
that is identical, except that it comes in two colors, you would need  
to re-test the whole toy all over again for each color offered for  
sale for another $1000-$2000. But it seems like others are saying  
that by not marketing certain toys for kids and printing a note on  
the packaging "warning: choking hazard not for children under 15"  
will bypass the testing requirements. Is this true? I have seen toys  
that have this disclaimer on the packaging, so I assume this is the  
case. In my case, I have some toys I could market this way.

But I also want to make plush toys for little kids. I want parents to  
feel safe, so I will definitely have to get the testing done on at  
least 1-2 of my toys. I might hold back on other toys at this time,  
since the testing is so expensive. Which means one side effect of the  
regulations is that kids have fewer options for fun & parents will  
have to pay more for toys -- bummer! At least, everyone will feel  
more safe.

I do want to mention -- It seems that the regulations, as I  
understand them are going a bit overboard. For example, the lab  
technician recommended pthalate testing for my plush toys. I don't  
understand why plush toys need to test for pthalates, since pthalates  
have to do with plastic, and plush toys are not plastic. I mentioned  
this to him, and he said, "well, it's the law". I thought he might  
say something more useful to clarify my ignorance, such as, the  
plastic pellets in the plush might have pthalates or something like  
that. So I realize I have much to understand about the rules.

In summary: I want to make toys that parents to feel safe buying for  
their kids. I do want to comply with the laws & have access to  
affordable testing options. I noticed that the state of Ohio will  
test the insides of the toy (fibers, plastic pellets, stiffeners,  
foam, etc.) for a lot less than the independent testing lab. It would  
be great if there were other options for the other mandatory tests as  
well, since the options currently available are so costly.

So far here is my plan:

(1) reduce the number of options available for my new toy line for  
children from 8 colors & 3 styles to 1-2 colors & 1 style
(2) to get the testing done on 1-2 remaining styles
(3) make warning labels on my other toys, age 15 and up.

If anyone has other info, please feel free to share! I'd love to hear  
how people are dealing with the new regulations.

Michael Dowell
Moodoo Puppets


On Dec 16, 2008, at 12:18 PM, Lucky Stradley wrote:

> I am forwarding portions of emails that I have received pertaining  
> to the
> new legislation that might effect those of us who build products  
> that can be
> played with by person less than 14 years of age.  I do not pretend  
> to know
> much about this issue.  But there are others that seem to think  
> that we need
> to take a closer look at this.
>
> Here is are the excerpts:
> " I posted a comment re: toy regulation on the petition site. I was
> wondering
>> if the new regulation law was to address imported toys only or was a
>> blanket
>> law  covering everyone  and the kitchen sink including small  
>> businesses
>> here
>> that produce safe soft toys for children?
>>
>> Anyways, About.com has some info on this area as the department of
>> consumer
>> protection visited Toy Fair this year.
>>
>> http://collectdolls.about.com/od/dollsattoyfair2006/tp/ 
>> toyfair2008trends.htm"
>
> The response:
> "it applies to everyone. That's the terrible part of it. As it
> is written now there are absolutely no exceptions and it's up to the
> manufacturer to do the testing (ie...it doesn't matter if the
> materials one uses were tested beforehand).
>
> So not only does it put people making art dolls/bears/etc on thin ice
> but it will completely shut down all the cottage industries where
> people are making Waldorf/Steiner dolls, childrens clothing,
> hand-carved wooden toys, etc.
>
> In addition to how it affects small businesses there are responsible
> overseas manufacturers who have already stated they intend to stop
> selling to the US after this goes into effect. I chatted with the
> owner of my ex-workplace, which is now largely a high-end toy store,
> and she says they will no longer be able to stock a good portion of
> what they have now and all children's items, across the board (all
> stores, not just there) will go up by at least 20% in price.
>
> She was able to explain things to me a bit better. As it turns out,
> all the US had to do was to match the already very strict European
> guidelines and everything would have been fine. But instead the US
> apparently had to 'one up' everyone and go completely overboard
> creating a situation that not only will shut down thousands of little
> cottage industries but result in large scale layoffs from the retail
> through distributor and manufacturing levels.
>
> Anyway, if people are concerned I encourage them to write to their
> reps, even if it's just via the form letter that's been offered here
> before. Petitions are all but useless as far as getting a message to
> the people who can make changes; written ones are typically roundfiled
> and electronic ones ignored. If you are concerned, please write!"
>
> Another:
> "I just wanted to let you know what my product manager for our doll
> manufacturer responded to my question about the age situation for  
> selling
> our
> new 7" jointed "Kinder Kid" dolls.
>
> Below is his answer to my question.  I asked about the "age 12 and
> above"...but he said...well, you can read it.
> I plan on following up on this and having them put all the necessary
> information on our packaging and doing some research on an  
> "independent
> safety
> test lab".
> I found the second paragraph quite interesting.  Seems the government
> doesn't
> even know what's what....Duh! Same old same old!"
>
> Reply:
> "According to the US ASTM F963 toy safety standard, the definition  
> of toys
> is
> any plaything designed, manufactured or marketed for children under  
> 14 years
> of age. Therefore, your  "Kinder Kids" should be marketed for ages  
> 14 and
> above in order to classify them as 'collectible doll' for adults.  
> We suggest
> you to add the warning printing on the packaging, like "Choking  
> Hazard: Not
> suitable for children under 14 years". The information of the  
> distributor
> (your company) and country of origin should be included on the  
> packaging,
> too,
> to fulfill the law in US.
>
> Since there is still a lot of things regarding the Consumer Product  
> Safety
> Improvement Act not being declared/explained clearly yet, we would  
> suggest
> you
> to contact the independent safety test lab there to clarify your
> responsibility if any."
>
> So have any one on pupcrit heard anything about all this?
>
> Lucky Stradley
> Hubbell, Nebraska
>
> lrc-AT-gpcom.net
>
> http://luckystradley.blogspot.com/
> ~~last update 11/2/2008~~
>
> http://www.picturetrail.com/13luckyme
> ~~picture trail last updated 6/9/2006~~
>
> http://community.webshots.com/user/beenlucky
> I am trying this site out for listing pictures.
> ~~last update 7/13/2006~~
>
> Always Lucky...well most of the time!
>
>
>
>
>
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