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Parents Say Lead Testing Law Could Mean Higher Prices Some worry testing requirements will make kids' clothing more expensive

Updated 9:15 AM CDT, Tue, Jan 6, 2009

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Some parents say a new law requiring third-party testing will make clothing more expensive. (Photo by Guang Niu/Getty Images)

 

Some parents say a new law meant to protect children from lead paint in toys goes too far and will drive clothing prices up.

Lead Free Law Concerns Parents

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A law meant to protect children from lead paint has some parents concerned the cost of testing will be passed on in the price of children's products.

The Consumer Product Safety Improvement Act of 2008 requires extensive testing on toys and infant products before they are sold. The act also bans lead and other harmful chemicals in toys. It goes into effect Feb. 10.

Testing on clothing for children ages 12 and younger are also included.

Jill Scott, a mother of four in The Colony, said the law has good intentions. But she said she fears the third-party testing will only make clothing more expensive.

"I'm afraid that the other new clothes will be higher in price, and if that's the case, they get five outfits -- that's it," she said.

Scott's youngest children are triplets. A strict budget is the only way she and her husband can pay the bills, she said.

Scott spends $100 a week on formula and $40 a week on diapers. All of her children's clothes are from consignment stores. She said she paid "probably $3" for one pair of jeans.

"I have a set limit," she said. "I don't pay more than $5 for an item."

Lead can be found in buttons or charms on clothing and on appliques that are added to fabric.

Many clothing retailers say they are unhappy with law because they have to discard loads of children clothing.

But a partial reprieve is possible. Reportedly, the Consumer Product Safety Commission will consider exempting clothing and toys made of natural materials such as wool or wood.

The commission does not have the authority to change the law, but can decide how to interpret it.

Sen. Kay Bailey Hutchison was one of the co-sponsors of the Consumer Product Safety Improvement Act. Calls to her press office were not returned Monday.

Sen. John Cornyn also voted for the bill. His response is posted below:

Thank you for contacting me about consumer safety. I share your concerns regarding the safety of consumer goods, and I appreciate having the benefit of your comments on this important matter.

Recent revelations of tainted imports and other consumer goods are troubling to all Americans. To address this critical issue, President George W. Bush established the Interagency Working Group on Import Safety by Executive Order on July 18, 2007. Led by the President's cabinet secretaries, this working group thoroughly reviewed our nation's supply chain to identify risks and make recommendations on how best to improve product safety in the marketplace. The working group concluded that no single stage in the supply chain-from foreign manufacturers and exporters to domestic importers and retailers-bears full responsibility for recent product recalls. Therefore, it is important to detect vulnerability in each stage of the supply chain and respond with a comprehensive policy that ensures public safety.

An important step toward reform came on July 31, 2008, when the Senate approved the Consumer Product Safety Modernization Act (P.L. 110-314). This legislation will bolster the Consumer Product Safety Commission, the federal agency that inspects consumer products and enforces compliance. Furthermore, P.L. 110-314 updates product safety standards beginning with toys and other children's products by banning six categories of phthalate chemicals and all measurable traces of lead from toys, while also requiring independent laboratory safety testing of all children's products. P.L. 110-314 will modernize product labels to make it easier for parents and consumers to determine if a product they have purchased has been recalled, and for the first time retailers will be prohibited from selling items that are subject to a recall.

Because the volume of children's products required to meet new safety standards is large, P.L. 110-314 allows the CPSC to designate accredited third-party laboratories to inspect and approve products designed or intended primarily for children aged 12 and younger. The CPSC is required to issue accreditation requirements for such laboratories and maintain a list of accredited laboratories; deadlines for the publication of such requirements differ according to the type of product being tested by the laboratory.

Many manufacturers of children's products are concerned with how the CPSC will implement these testing requirements-chiefly with the costs associated with third-party testing. As a result, the CPSC is currently soliciting comments from manufacturers and the public as regulations pertaining to this section of the law are written. It is your right as a citizen to participate in the regulatory process. The CPSC has established the following website where may find more information regarding upcoming meetings in your area, how to submit your comments and recommendations, and how to join a mailing list for updates on CPSC developments: http://www.cpsc.gov/about/cpsia/cpsia.html.

I am encouraged by your willingness to participate in the regulatory process, and you may be certain that I will keep your concerns in mind should relevant legislation be considered by the Senate. Thank you for taking the time to contact me.

Comments (16)

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  • aslaporte Friday, May 1 at 9:27 PM FLAG COMMENT This is a very very sad circumstance. I don't understand how so many small businesses could be overlooked. or were they intending to put people out of business? it just doesn't make sense. Exactly how are they going to enforce this law at every flea market, christmas bazaar, craft show, Ebay, online store and every other place home manufactured things for children are sold. the cost of enforcing this law just seems astronomic ... MORE >
  • BlueSkyRocket Thursday, Jan 22 at 9:02 PM FLAG COMMENT The nation will have the CPSIA to thank when it makes a significant dent in our already lousy economy. Families are struggling enough as it is. They will struggle harder to get what the need for their children (not to mention what their children want- toys!) This will force my shop to shift completely - have not been open one entire year, but have enjoyed success in a short amount of time despite the economy. I was thankful a ... MORE >
  • Dreamscapes Baby Boutique Wednesday, Jan 21 at 5:40 PM FLAG COMMENT This law greatly impacts my online children's boutique as well as the custom nursery bedding I currently make. The costs to test a one of a kind item are too high to be profitable. I've made a niche for myself because I offer completely custom nurseries that no one else has, not mass manufactured bedding from China. I'm saddened that Cornyn and others are not against this. Check out nationalbankruptcyday.com to see what you ca ... MORE >
  • Lane Monday, Jan 12 at 12:41 PM FLAG COMMENT My wife and her mom own a children's clothing line. They are very concerned with this law because it could possibly drive them out of business. The economic woes we are feeling now will only be magnified by this law. Every button, spool of thread, roll of fabric, and yard of trim will all have to be tested for lead. This will only lead to increased prices and delayed shipments. In theory, this law sounds good; but it will ... MORE >
  • Ken in TX Sunday, Jan 11 at 9:01 AM FLAG COMMENT I agree with all of the comments this legislation just shows a failure of government to do their job when receiving imports. i.e if China doesn't have FDA results to share with our FDA, charge a surcharge so the testing can be done before the product is ever sold. Individuals shouldn't have to worry about clothes and toys used by their children when wanting to sell, rather than wastefully throw it away. That said, I don't see ... MORE >

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