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February 5, 2009

CPSIA Activity for this week - it went from bad to worse

This was an active week regarding CPSIA implementation (or non-implementation).  Last Friday, as my last blog summarized, the CPSC approved a stay of certain testing and certification requirements.  Then on Tuesday, they issued a ballot for another stay, this time for the effective date of limits on lead content in accessible parts and components in children’s products.  This was the stay requested by NAM in their January 28th letter to the CPSC (NAM-1-28-09.pdf).   The CPSC didn't even bother to draft a stay, they just attached the letter. 

Today, a federal judge in overturned a CPSC advisory opinion.  On November 17, 2008, the CPSC issued an advisory opinion letter stating that products violative of Sections 108(a) and 108(b)(1) [phthalate ban] may continue to be sold and distributed in commerce after February 10, 2009, as long as these products were manufactured prior to February 10, 2009.  This interpretation was challenged in a lawsuit by the Naturall Resources Defense Council and Public Citizen. (nrdc_complaint)

The judge issued a ruling today setting aside the advisory opinion. (phthalate_order) The judge said that the phthalate prohibitions unambiguously apply to existing inventory. Therefore, if this decision stands, affected products that violate the phthalate requirements cannot be sold or distributed after February 10, 2009.  California already has banned products with phthalates and their ban was effective January 1, 2009.  (CA_phthalate_letter)

In addition, Congresssmen Waxman and Rush and Senators Rockefeller and Pryor sent a letter to President Obama demanding that he ask CPSC Acting Commissioner Nancy Nord to step down.  (waxman_to_obama)
And, Senator DeMint has drafted a bill to take care of all of the problems.  (DeMintBill)

Stay tuned.  Who knows what will happen next. 

Kenneth Ross

February 5, 2009 | Permalink

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