CPSIA - If ever there were a time to ask questions, the time is NOW.

News & SocietyPolitics

  • Author Tristan Benz
  • Published March 25, 2009
  • Word count 1,316

As things stand with CPSIA now in effect, there is no time to waste - ALL citizens should be interested to learn how this law impacts WE the PEOPLE and our children (and their future) in America.

Others are writing with focus on specific aspects of the law, politics, economic impact, and social / cultural losses associated with CPSIA. I highly recommend the writings of Walter Olson, Rick Woldenberg and Kathleen Fasanella. These are critical writings for those seeking to gain a real understanding of all of the ins-and-outs of CPSIA. From these and other sources, my unique concern has only grown.

From the moment I first found out about CPSIA, my focus has remained on an even deeper, underlying concern - a concern of such critical consequence that it has brought me to action beyond my comfort zones (let's just say, my homepage is currently host to a rather bold statement). I realize some may wonder at my "activist" choice - all I can say is that I believe that there are times in our lives when none of us can afford to think simply of ourselves - when we are absolutely compelled to think bigger.

The implications of CPSIA are clearly bigger than me / my business. In fact, they are bigger than ALL of our small businesses uniquely impacted by this law - and, yes, even bigger still than the significant economic backlash the combined losses all of our small businesses are sure to have on our economy, at a time in our nation’s economic history that is (I’m sure you’ll agree) most inconvenient.

As a mom who, ironically, cares a great deal about the environment and what we leave our children to inherit, I believe that, while CPSIA may be a well-intended law, a well-intended law does not automatically equal a well-written law (i.e. a law that is good for we the people and our children).

As I understand it, CPSIA strikes at the very heart of our rights and freedoms, effectively removing WE THE PEOPLE from our rightful authority over our government and replacing our authority with that of an ever-growing Big Brother. More alarming, voices in our industry have been raised - indeed, voices across America are getting louder by the day - and still there is this insistence (by all but a few - thank you Senator DeMint, for listening) to turn a deaf ear. If this doesn’t concern us ALL, we’re headed up the proverbial creek in a bullet train, folks.

Question - if this law has taken WE THE PEOPLE by such surprise, how can it possibly have been born of our own will?

Unless our laws are shaped by the will of WE THE PEOPLE, then our government ceases to be one defined by our authority. When such a thing occurs, we fall into something other than democratic rule. To me, the rule of CPSIA marks a critical shift of our power in America.

Question - if our government’s job is to inform the people, how is it we ordinary citizens heard so little about this law and its impact on our everyday lives via our media, prior to February 10, 2009? How is it we are being taken by alarm and surprise - that we react in such disbelief?

Kathleen Fasanella of Fashion Incubator claims to have been the first to bring it to the attention of retailers in our industry. It passed in August of last year and, as with many others in manufacturing / retailing, news only got around to my small business just before CPSIA went into full effect (and, from my experience, others of us still remain unaware). I think one of the best examples of just how unaware / uninvolved we the people have been re: CPSIA can be found in Walter Olson’s February 13th post at overlawyered.com. In that feature, there is a quote about a thrift store very quietly removing books so as not to cause a "panic," which I find very telling (i.e. if people had known, they would NOT have liked it and most likely would not have voted for it!).

The fact is, CPSIA impacts you, me and every other "average Joe" in America in a VERY REAL way – yet, who has taken pains to bring this home to WE the people?

I, for one, am particularly disturbed with the implications of CPSIA and I believe NOW is the most critical time to learn all we can, before it’s too late, on behalf of OUR children. We parents ought to be asking questions, not sitting back and waiting to be informed (by government or media both) or practicing other dangerous activities such as keeping silent (head-in-sand? fear?), standing in the sidelines, as others roll up their sleeves to work on this issue "on our behalf."

What should we be asking? Just one example of a great question WE should be asking was asked last week, by an NPR reporter - given phalates are being banned, what are companies replacing this chemical with, in making ALL NEW TOYS. Answer - other chemicals, including one that apparently known to cause kidney damage in rats!! What a boon for mass produced products in our industry, that we are forced to bring all now ‘uncertified’ products to a landfill so they can produce these "better" alternatives "for our own good" - am I wrong here?

Are we citizens REALLY so eager to trade in our good common sense and parental authority for that of our growing Big Brother? Unless we seek information ourselves (get educated!), ask critical questions and take measures to ensure our voices get heard on CPSIA, we risk further damaging ourselves, our country and the future for OUR children.

Honestly, I have scratched my head in wonder about the fact that our public servants have not yet responded to the loud and growing voice of those who did not participate in the shaping of this law that is taking our nation by such alarm. Could it be that some assume we are just too busy to care - or that they really are doing what’s in our best interests (we just don’t really know what’s good for us) - or, worse, that we’re all just lazy, stupid, uninformed sheep that will fall for anything as long as it’s "marketed" to us well? Could it be this dark - could it really be that this is what we have become?

I don’t know about you, but the majority of parents I know really do, in fact, CARE. They really are capable of exercising their own, functioning brains. And they really are willing to take on the burden of meaningful public outcry when/if the matter is enough of a potential threat to their well-being and the future well being of their children. It may be my observations are not shared by our public servants - or else they’re just being very much overlooked and underestimated. It will be interesting to see, when the real impact of CPSIA is more fully understood by moms and dads in their everyday lives out there (green or not - how it diminishes our choices, undermines our authority, fails to serve small business at this critical economic time, etc.), just what truth comes to the surface.

In closing, I leave two bits of food for thought.

First, truth always comes out - as so richly put by Ralph Waldo Emerson, "Character is always known. Thefts never enrich; alms never impoverish; murder will speak out of stone walls."

Second, challenging our government is NOT un-American - it is the EPITOMY of being a GOOD AMERICAN. Anyone who dares dictate otherwise is a wolf in sheep’s clothing. Truly, if ever there were a time to speak up, the time is now.

Tristan Benz is owner of Maiden America (maidenUS.com), a pro-parent / pro-childhood company impacted by CPSIA legislation. She is a mompreneur, writer, artist and designer.

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