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Homeschool Radio Shows is Liquidating due to CPSIA regulations


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Seriously curious...

 

Are you saying this is a lie?

 

"Therefore, under this law, we must either have a sample of each product we sell tested by Feb 9th in order to continue selling them (which would ultimately cost us several thousand dollars, as each of our titles are done in small batches) - or we must destroy them."

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Seriously curious...

 

Are you saying this is a lie?

 

"Therefore, under this law, we must either have a sample of each product we sell tested by Feb 9th in order to continue selling them (which would ultimately cost us several thousand dollars, as each of our titles are done in small batches) - or we must destroy them."

 

I dunno. When the rug merchant down the block has his twentieth-anniversary "Going out of business" sale, is that a lie?

 

The CPSIA is not going to stand-up as it it fundamentally flawed. Our legislators are getting an ear-full (rightfully so) and I'll eat my hat if any homeschooling material providers are prosecuted under this Act before it is revised. "Panicked buying" (and selling) seems completely unwarranted.

 

If you're concerned call your Senators and Congressperson and add your voice to the chorus. But don't "panic".

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And we should probably stock up on tin-foil hats while we're at it, no telling how much lead is in those.

 

Amazing what some people will do to motivate sales ;)

 

 

Generally I agree with the idea that people will do anything to motivate sales, and I don't trust salespeople as far as I can throw them... but this is a direct quote from the CPSIA website:

Does the new requirement for total lead on children's products apply to children's books, cassettes and CD's, printed game boards, posters and other printed goods used for children's education?

 

 

 

In general, yes. CPSIA defines children’s products as those products intended primarily for use by children 12 and under. Accordingly, these products would be subject to the lead limit for paint and surface coatings at 16 CFR part 1303 (and the 90 ppm lead paint limit effective August 14, 2009) as well as the new lead limits for children’s products containing lead (600 ppm lead limit effective February 10, 2009, and 300 ppm lead limit effective August 14, 2009). If the children’s products use printing inks or materials which actually become a part of the substrate, such as the pigment in a plastic article, or those materials which are actually bonded to the substrate, such as by electroplating or ceramic glazing, they would be excluded from the lead paint limit. However, these products are still considered to be lead containing products irrespective of whether such products are excluded from the lead paint limit and are subject to the lead limits for children’s products containing lead. For lead containing children’s products, CPSIA specifically provides that paint, coatings, or electroplating may
not
be considered a barrier that would render lead in the substrate inaccessible to a child.

 

 

 

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Guest Alte Veste Academy
The CPSIA is not going to stand-up as it it fundamentally flawed. Our legislators are getting an ear-full (rightfully so) and I'll eat my hat if any homeschooling material providers are prosecuted under this Act before it is revised. "Panicked buying" (and selling) seems completely unwarranted.

 

If you're concerned call your Senators and Congressperson and add your voice to the chorus. But don't "panic".

 

:iagree:

 

But if you're buying something you need eventually anyway, it never hurts to shop the sale!

 

Kristina

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Actually, I am on an e-mail loop with the owner of that company and they were seriously worried about the new laws and how it would affect them and their ability to sell their products. They even talked about labeling their products for ages 12 and up so that they would not be under the constraints of that law.

 

I was quite surprised though by their decision.:001_smile:

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I am SOOO not a lawyer nor an expert in this area AT ALL! But, I do own a business, and in general the way these types of laws work is that the original manufacturer of the item the "big company" is required to make the product lawful, such as the manufacturer of the material which the CD is made of, and the CD case, the maker of the inks & paper, etc. Manufactured items will probably start coming out with a "lead free" status, then these manufactured items will be OK to use as bases for manufacturing as long as additional ingredients aren't added to the product. The regulation does not usually take place at the retail level, nor the reassembly level. So, that's why I doubt the legitimacy of this "BLOWOUT" sale. Of course this law could set some new kind of precedence that has never been seen in our country before, but I doubt it. It will probably end up looking like all the other regulations for things like ozone depleting substances, certain toxic chemicals, etc.

 

I think we'll have to see how it all pans out, but I agree not to voice panic. Of course, unless you're trying to sell a product and you need to make extra profits for your family at this time. :lol:

 

I've had several new business ideas run through my brain in the last week with all the panicking going on. This could be a good time to start a new business. :glare:

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I am SOOO not a lawyer nor an expert in this area AT ALL! But, I do own a business, and in general the way these types of laws work is that the original manufacturer of the item the "big company" is required to make the product lawful, such as the manufacturer of the material which the CD is made of, and the CD case, the maker of the inks & paper, etc. Manufactured items will probably start coming out with a "lead free" status, then these manufactured items will be OK to use as bases for manufacturing as long as additional ingredients aren't added to the product. The regulation does not usually take place at the retail level, nor the reassembly level. So, that's why I doubt the legitimacy of this "BLOWOUT" sale.

 

You are correct about the manufacturer... however, inventory that has not be certified and is already on the store shelves is included in this legislation.

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You are correct about the manufacturer... however, inventory that has not be certified and is already on the store shelves is included in this legislation.

 

So, are you saying that every retailer has to pull all it's inventory: Toys-R-Us, Macys, Barns & Noble, Walmart, etc. etc...? I can't see how this could be. It doesn't make sense. Usually things like this are gradually replaced by the newly regulated items.

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I am SOOO not a lawyer nor an expert in this area AT ALL! But, I do own a business, and in general the way these types of laws work is that the original manufacturer of the item the "big company" is required to make the product lawful, such as the manufacturer of the material which the CD is made of, and the CD case, the maker of the inks & paper, etc. Manufactured items will probably start coming out with a "lead free" status, then these manufactured items will be OK to use as bases for manufacturing as long as additional ingredients aren't added to the product. The regulation does not usually take place at the retail level, nor the reassembly level.

 

The problem is that CPSIA doesn't apply to the makers of raw materials, only the makers and retailers of actual products that are marketed to children under 12 (or is it 12 and under? Can't remember.) There's no law or compelling reason for a manufacturer to test their raw materials.

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So, are you saying that every retailer has to pull all it's inventory: Toys-R-Us, Macys, Barns & Noble, Walmart, etc. etc...? I can't see how this could be. It doesn't make sense. Usually things like this are gradually replaced by the newly regulated items.

You are right that it doesn't make sense... but have you been to the department store recently? Have you noticed the extra 20% on top of clearance and merchandise not being restocked? I have... but besides personal experience, here is the words from the CPSIA:

http://www.cpsc.gov/LIBRARY/FOIA/advisory/317.pdf

 

...applies to inventory or on store shelves prior to the effective date...
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And if I was a small business concerned that I would not legally be allowed to sell it in a month i would be doing a clearance.

 

Better to take a little loss than a total loss. I am fairly sure they will change the law... but would you risk everything on it?

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And if I was a small business concerned that I would not legally be allowed to sell it in a month i would be doing a clearance.

 

Better to take a little loss than a total loss. I am fairly sure they will change the law... but would you risk everything on it?

 

Trust me, if this were a small company selling free range, fair trade, organic, whole grain, cage-free, no GMOs, dolphin safe tofu steaks the uproar would be deafening.

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Don't companies have 6 months to comply with the law? I thought I heard that, but have not seen it yet. Still much to read

 

I am not expert, but I believe the 6 months to comply was August 08 to Feb 09. And from what I read on their site all inventory made prior to Feb 2009 can't be sold after that, so it must be destroyed. At least that is what I read....

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Posted at Mothering.com and found at Esty.com

 

Found this on the etsy forum. Can go to the law firm's site for more info:

 

LASS ACTION LAWSUIT

 

Please read the following press release. If you are an interested party directly affected by the CPSIA that will take effect as of February 10th, I urge you to join us in this class action lawsuit.

 

Contact me or the contacts listed below for additional information.

 

Warmest Regards,

Dawn Michelle LaPolla

Baby Sprout Naturals

dlapolla [!at] gmail.com

ReformCPSIA.org

Reform Petition

 

FOR IMMEDIATE RELEASE Moms ban together to save their businesses.

==============================

Moms ban together to save their businesses. Rachele Dressler-Sweetser is a mother of 3 and owns Monkey Baby, a creative children's clothing line. This business is not only her additional "baby" but her main source of income. She created Monkey Baby out of necessity. As a single mother she was faced with the issue of a sick child with medical needs that could not be left alone. She combined her creative sewing skills and marketing knowledge to create a fun and successful children's clothing line. Waking up to a new year she is faced with her legs being knocked out from under her with this quiet law going into effect with huge consequences.

Dressler-Sweetser says "I have built this business out of love for my children and my God-given talents. It is my dream, livelihood and my future. I can't sit still. I understand the need to keep our children safe but this law is too broad. It is not in anyone's interest as it is currently written." Dressler-Sweetser has contacted the Kushner Law Firm to begin the process of a Class Action Suit to prevent the law's enforcement of the February 10, 2009 deadline. She is actively contacting businesses owners that this law will effect to ban with her in preventing its enforcement on February 10, 2009.

The Consumer Product Safety Improvement Act (CPSIA) is requiring lead testing on all products (including apparel and components of apparel which knowingly have little or no lead such as ribbon, tulle, thread, elastic etc.) designed for children under the age of 12. "This new Act is unconstitutionally overbroad and vague, and disregards the significant and disastrous impact on small and medium businesses as Section 605 of the Regulatory Flexibility Act requires" says Michael Kushner, of The Kushner Law Firm.

Immediate action is required in order to save many businesses and to keep costs from skyrocketing for children's toys, accessories and clothing.

Contact:

Rachele Dressler-Sweetser

http://www.monkeybabyclothes.com/

949.916.9288 ph.

949.916.9087 fx.

 

Attorney:

Michael Kushner

The Kushner Law Firm

949.421.3030 ph.

949.421.3031 fx.

http://www.kushnerlawfirm.com/

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I SO agree about not panicking. I cannot believe businesses are willing to close this early. Revisions will be made, and besides, why not fight this tooth & nail?!

 

I am writing to anyone that has a mailbox. I hope you will get all of your friends to do it, too.

 

Mary

 

Many are fighting tooth and nail...but in the meantime, no one can afford to "get busted".

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So, are you saying that every retailer has to pull all it's inventory: Toys-R-Us, Macys, Barns & Noble, Walmart, etc. etc...? I can't see how this could be. It doesn't make sense. Usually things like this are gradually replaced by the newly regulated items.

 

Yes, unless it's certified. Who says it has to make sense for Congress to pass it? It's FOR THE CHILDREN, after all.

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have you been to the department store recently? Have you noticed the extra 20% on top of clearance and merchandise not being restocked? I have... but besides personal experience, here is the words from the CPSIA:

http://www.cpsc.gov/LIBRARY/FOIA/advisory/317.pdf

 

I haven't been shopping lately, but I know that stores often take an extra 20% off of clearance prices at this time of year. I don't think that it's related. Kohl's had 20% extra off of sale prices (including clearance) + Kohl's cash for every $50 spent before Christmas. I got some screamin deals this Christmas. :D

 

I tried reading some of that draft, but I don't have time to decipher the whole thing. From what little bits and pieces I read, it sounds like they are saying the language is vague or non existent about already stocked items, and that the law just applies to items manufactured 90 days after the specified date, but because the language is non existent or vague about already stocked items, they are saying it can be argued that the rule would apply to already stocked items. :confused: Big ?? here, though, I don't have the brains or the brawn to figure that one out.

 

There are also items that are in the process of manufacture, or in the delivery stage...

 

Has there ever been a law enacted in the US, or anywhere else for that matter, that suddenly pulled masses of products off of shelves, and required retailers to burn them in a fire pit? Reminds me of the Grinch played by Jim Carrey, "Burn baby, Burn!"

 

OK, I'll shut up now.

Edited by JenniferB
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Many of the bigger companies knew about this law before the rest of us this and have been slowly bringing themselves into compliance. However, it has hit the cottage industry/WAHMs like a ton of bricks and without much warning. Same with publishers...the bigger guys had a head start over the little guys. And unfortunately, the retail stores were tossed in with the little guys and their "exemption" isn't really an exemption; they are still prosecutable.

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So, are you saying that every retailer has to pull all it's inventory: Toys-R-Us, Macys, Barns & Noble, Walmart, etc. etc...? I can't see how this could be. It doesn't make sense. Usually things like this are gradually replaced by the newly regulated items.
I've read somewhere, in various links that ppl have posted about all of this, that Wal-mart has already sent back inventory if it hasn't been tested, going back 2 years....so even toys that were made in 2007, they are sending back to the manufacturers b/c they don't want to get stuck with it.

 

 

The thing with the OP is that there is serious efforts being made to get books exempted from this law - the ALA and Publishers Weekly are working to get the exemptions....if that were to go through, it seems like that would have some impact on curriculum as well; it seems very premature for companies to already start folding it in.

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Like most publishers, we are keeping a very close eye on this. The gossip in the publishing world is that paper-based books are about to be exempted. We're crossing our fingers/praying (I'm not sure which action is more appropriate when dealing with completely irrational legislations).

 

SWB

 

I've contacted my Senators' and Congressperson's offices to discuss the matter, and perhaps in some form or another all who share concerns about this act should share them with their representatives.

 

The act is clearly flawed, and the backtracking has already begun. Adding our voices can only help motivate positive changes.

 

Bill

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What irritates me is that if you search snopes.com for CPSIA, it makes it seem like all the hoopla is a hoax. They make a statement about resale shops and forget that at one point it was a true statement.... it has just been revised.

 

And many of the other issues with this bill are still viable and a problem. Someone needs sto email snopes. I've heard of people saying this whole bill is nothing because they read it on snopes.

 

http://www.snopes.com/inboxer/pending/cpsia.as

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So, are you saying that every retailer has to pull all it's inventory: Toys-R-Us, Macys, Barns & Noble, Walmart, etc. etc...? I can't see how this could be. It doesn't make sense. Usually things like this are gradually replaced by the newly regulated items.

 

I'm not sure about this, but WalMart's toy aisle was really slim pickings yesterday and quite a few things were marked down very low. Could be just the time of year I suppose. ToysRUs was also pretty bare.

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What irritates me is that if you search snopes.com for CPSIA, it makes it seem like all the hoopla is a hoax. They make a statement about resale shops and forget that at one point it was a true statement.... it has just been revised.

 

And many of the other issues with this bill are still viable and a problem. Someone needs sto email snopes. I've heard of people saying this whole bill is nothing because they read it on snopes.

 

http://www.snopes.com/inboxer/pending/cpsia.as

 

People have been emailing snopes, to get them to fix it, but they won't fix it. I think they like "false" too much. Furthermore, most of their explanation shows it is mostly true and most people only look at the top to see true or false and don't bother to read the explanation. Here is a thread on Fashion Incubator about this. Apparently, there is a brief that did say made on or after Feb 10... but most of their documents, even those that have come later, still say made before Feb 10 falls under the regulations.

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