All I Want for Christmas is a Consumer Products Watchdog that Works

Kari Chisholm FacebookTwitterWebsite

JakepacifierAs many BlueOregon readers know, my wife and I had a happy and healthy baby boy three weeks ago. Of course, we're now loaded down with all the gear - from diapers and baby powder to car-seats and bouncy chairs, not to mention an endless supply of onesies and pacifiers.

In my sleep-deprived state, it's hard enough to figure out how to change Jake's diaper - without having to worry about whether his pacifier is really safe to put in his mouth - or whether his car-seat will really keep him safe in the car.

Should I really have to worry about all that? No, I shouldn't. In this country, we've assigned that job to the Consumer Product Safety Commission. Unfortunately, they've been actively working to ignore their critical responsibility.

Meet Nancy Nord.

As the acting chairman of the Consumer Product Safety Commission, Nord is in charge of making sure the stuff you buy is safe. Trouble is, these days it isn't. Poisoned toothpaste, poisoned dog food, tainted meat, lead-painted toys, and the real mind-boggler: children's toys that metabolize into a date-rape drug if swallowed! All of these dangerous products have been discovered on America's store shelves within the last year - including over 20 million dangerous children's toys. Sure, they've been recalled, but they should never have made it to the stores in the first place.

Clearly, the Consumer Product Safety Commission has been asleep in the guard house. Is it just incompetence? Or is there something more going on here?

According to the Washington Post, between 2002 and 2007, Nancy Nord and her predecessor, Hal Stratton, accepted nearly 30 trips paid for by industries the CPSC regulates. They spent tens of thousands of bucks on airfare, food, and lodging to send Nord and Stratton to China, Spain, San Francisco, New Orleans, and that well-known toy-producing island – Hilton Head, S.C. That trip to Spain cost the toy makers a whopping $18,000 – a nice little vacation for Stratton and CPSC general counsel John G. Mullan. And Nancy Nord doesn't see the conflict of interest!

In an editorial, the WaPo slammed Nord and Stratton for their astonishing behavior:

The Securities and Exchange Commission, the Food and Drug Administration and the Federal Communications Commission all ban what the Consumer Product Safety Commission allows.

That commission leaders could not see the appearance problem is just the latest in a string of troubles for the agency. Critics have been dismayed by its limp response to what seems to be weekly recalls of lead-laden toys (20 million toys so far). The commission is half the size it was when it was created in 1973. It has just one toy inspector. But when the Senate Commerce Committee moved last month to increase the agency's budget, authority and staff, Ms. Nord told committee Chairman Daniel K. Inouye (D-Hawaii), paraphrasing here, no thanks.

What kind of consumer safety advocate says "no thanks" to a 58% budget increase? Not a very good one. In fact, Nord apparently isn't much of a consumer safety advocate at all. In hindsight, that isn't surprising in light of all the product recalls in recent years.

But an agency head who takes trips and gifts from the very people she's supposed to regulate, and then opposes funding to beef up her agency's oversight capacity. Something is very rotten.

Thankfully, Oregon's own Rep. Darlene Hooley is a member of the Energy and Commerce committee, which oversees the CPSC. And Hooley has had enough. Last month, Hooley introduced a "no confidence" resolution calling for Nord's removal:

"Chairman Nord has demonstrated that she is unfit to lead the CPSC and unable to protect the American people from the threats posed by an increasingly global marketplace," said Hooley. "President Bush should demand Chairman Nord's resignation and appoint a new head of the CPSC who is willing and capable of leading the agency."

Public corruption has become so commonplace in this Bush Administration that it is hardly news anymore. But this time, we're not talking about the misuse of public dollars; we're talking about endangering people's lives. And for what? Free vacations? Is nothing sacred anymore?

It is a sad state of affairs in this country when the head of a federal agency gets busted for taking free trips and other goodies from corporations seeking influence – and no one bats an eyelash.

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    Oh, and full disclosure: In 1996, I worked on Hooley's first congressional campaign. I speak only for myself.

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    Congrats on the bambino!

    I agree 100% and would add that the vast majority of these recalls have come from products manufactured overseas where companies skirt regulations and quality control. Having experienced not one, but two product recalls for my child's toys this year I have issued a directive to all interested grandparents/relatives that we will not be accepting toys for Xmas that aren't Made in the USA. Unfortunately, because some product components are manufactured overseas and then assembled here, even US products aren't completely without risk...

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    Man, that's a fine-lookin' boy you got there!

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    Marissa... Of course, you shouldn't have to issue directives to the relatives. If it's for sale in the United States, it should be safe. Period. And the CPSC has failed us.

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    Yes, all these recalls have been ridiculous. It's not easy explaining to a 5 year-old why you have to take away her Polly Pocket and Dora toys.

    And finding them is a nightmare. I've been digging through her toys trying to find all the pieces to sets we purchased. Because the way the paperwork is worded, we won't even get enough to actually replace the toys unless at least most of the pieces are there. And if you've ever purchased one of the larger Polly Pocket sets, you know how hard that can be.

    Something not only needs to be done to ensure that products never even have to be recalled, but that also once a recall is issued that it's easier to turn in the old product and get it replaced.

  • A. Rab. (unverified)
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    Smith should not get a pass on this issue. He is on the Senate Commerce Committee, which I believe has jurisdiction over the CPSC. Also, it is probably worth looking at state level policies that can help fill the void left by the federal government.

  • Leslie Carlson (unverified)
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    Kari, thanks for bringing up a very relevant issue, and one that really hits home when you realize that the majority of toys your child has--the ones he repeatedly puts in his mouth when a baby--are made of plastic that has been linked to cancer and birth defects.

    I think lead and the Aqua Dot fiascos are just the tip of the iceberg when it comes to scandals about product safety, particularly for kids.

  • divebarwife (unverified)
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    Personally I think a lot of these "unsafe" toys, etc. are a bunch of overblown scare tactics. And if I was a conspiracy nut, based on the comments here I could probably say it was to try and scare people into 'Buy Amer'can!'

    Most parents that I know didn't worry two-bits about the tainted items. These recalls are quite different than the food recalls where you're actually SUPPOSED to put the item in your mouth and digest it.

    Polly Pocket sets for example - as Jenni Simonis pointed out - are full of tiny pieces and in the hands of 5-year-olds who know better than to put them in their mouths. And if they would by chance stick a piece in their mouth to hold it while doing something else - they're not going to suck off enough paint or chemicals to do them any more harm than eating fluorescent orange Mac-N-Cheese.

    I'm not saying safety isn't important - but there are way more important issues to deal with. Parents - just watch your kids.

  • MCT (unverified)
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    This is such an important issue and a great post. It really spills over in to every aspect of our lives as consumers. As a step-grandmother I was surprised to find out that our "kids" are so busy working and child-rearing they had somehow not been aware of how widespread are the recalls of some of their childrens' toys. I can only encourage them to go through their kids' toy boxes, but it really is a confusing issue....matching up the unpackaged (and too many) toys, with incomplete lists of recalled poisonous products. How can they remember what the dang thing was called before the child yanked it out of the package? I also wonder about some of the clothing items and art supplies that are imported for kids. And the inks on childrens' books? Are they being tested? And we wonder about the upswing in ADD and learning problems with kids?

    Not long ago I heard the term China-free and googled it, and was surprised to find plenty of articles about "freeing China"...but none that meant what you'd think it might mean, considering the immensity of the problem with poisonous consumer goods. China is not the only deadly offender.

    American entrepreneurs will be missing the boat if they don't take advantage of the opportunity to manufacture safe toys & products for our kids. Think of the jobs that would create. We've let our manufacturing jobs be hijacked overseas, and now we're buying their poisoned products? The market for all things kids is massive.

    Public corruption indeed. I have no faith in the government ever doing the job it would need to do to protect us and our kids. But they could create a certification process for American toy-makers (et al)that that would be required on all products....tested at the manufacturer's expense, a mandatory addition to the process, to be posted on the product as free of contaminants. I don't think that is too much to ask. I think parents would pay a premium for that kind of assurance, as unfair and ridiculous as that seems. Maybe kids would end up with fewer toys....but safe toys, which could be all the better for kids.

  • Scott Jorgensen (unverified)
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    Congratulations, Kari! My wife and I are actually expecting a baby boy any day now.

    I guess the answer to the safety question is to simply not buy crap made in China....assuming that there is something out there that isn't made in China... Isn't it strange how having a kid totally changes your priorities and perspectives? I guess I'll know in a few days. Once again, congratulations. I wish you and your wife the very best in raising your child.

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    Thanks for the post and the photo of your little guy.

    Are you suggesting that he can't make the right consumer choices in the free marketplace?

    Need to entertain they boy? Have him watch the video at this recent BlueOregon post.

    Click the link to see the list and photos of lead-based recalls and imagine how long it would be if the agency were properly staffed! From Curious George to the Cub Scouts, nothing's safe!

  • A. Rab. (unverified)
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    The problem is companies and the US government failing in their reasonability to consumers, not China per say. Protectionism is almost never a good idea, and it is particularly ineffective in this case. The CPSC can fail to protect us from things made in America. Protectionist measures will simply mean that we will have to pay more for the poorly made things that are killing us.

  • A. Rab. (unverified)
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    Of course, I mean responsibility to consumers.

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    Polly Pocket sets for example - as Jenni Simonis pointed out - are full of tiny pieces and in the hands of 5-year-olds who know better than to put them in their mouths. And if they would by chance stick a piece in their mouth to hold it while doing something else - they're not going to suck off enough paint or chemicals to do them any more harm than eating fluorescent orange Mac-N-Cheese.

    Actually, the Polly Pocket recall had nothing to do with paint or chemicals. It was small (and powerful) magnets that were not attached properly and were coming off. These magnets were smaller than the tip of your pinky. And they're not your refrigerator type of magnet - these are meant to make pieces stick together through hard plastic and rubber clothes.

    Several kids ended up swallowing them and having major damage done to their digestive system. In one case the little girl did what many adults do - she had them between her lips to hold them as she tried to put it all back together. Then she accidentally swallowed two. But these magnets are very powerful, and they would pull through your stomach, intestines, etc. to get to each other. Kids had to undergo major surgery to repair holes in organs.

    Many of the toys with the lead in them were toys for the under 3 crowd, which is typically made for kids who do indeed put items into their mouth.

    You also have to remember that kids put their hands in their mouth a lot. You play with a toy, bang it up against other toys, and bits come off. It ends up on the kids' hands, and eventually in their mouth.

    There's been a few instances where I've kept recalled toys because it was more of a small piece may come off - my daughter's old enough not to put things in her mouth. But anything with lead definitely goes back. And anything with magnets that can come off go back.

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    Divebarwife - Do you actually know what lead poisoning can do to kids? Your kids? Your friends' kids? Check out lead.org and then let us all know if you're still unimpressed with the shameful state of product safety standards.

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    hey Jake, NICE BINKY, dollface!

  • MCR (unverified)
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    "Oh, and full disclosure: In 1996, I worked on Hooley's first congressional campaign. I speak only for myself."

    ahahahahahaha!

  • edison (unverified)
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    Congrats, Kari! Your concern is certainly valid. A recent conversation with a friend along similar lines has brought me to the conclusion that the ineptitude of the CPSC is simply another example of how disfunctional our government has become. Others include the USDA/EPA disconnection regarding food safety. Agency after agency either works at cross purposes to the other or in isolation and ignorance of the importance of their common responsibilities. If I were a conspiracy nut, I'd suspect that Grover Norquist and his crowd have already won. The government is drowning ...

  • Julia Bourne-Smith (unverified)
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    Since the CPSC staff is now largely gutted, we have to, in many respects be our own advocates. Visit Toys Not Made In China for an online store that carries ONLY toys that are NOT made in China. As we grow in size, we will be in a position to do actual shop visits to the locations and provide video back to our shoppers. Stay tuned.

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    I guess the answer to the safety question is to simply not buy crap made in China

    Visit Toys Not Made In China for an online store that carries ONLY toys that are NOT made in China.

    Uh...the issue isn't Chinese made. The issue is to what standards they are made. The European Union, for example, has higher standards...and so doesn't get the crap we do. The problem isn't that the Chinese manufacture crap...it's that we ask them to. That's not China's fault, that's ours. China bashing misses the point entirely.

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    And recently one of the news shows had a piece on how it's not just toys from China that are the problem - they found numerous American made toys that had problems as well.

    We can't just say "don't buy toys from China" since that is a huge chunk of the toys out there. And it's definitely the majority of toys that are affordable for many families. When you're comparing toys for under $5 to toys that are often over $20, it's not hard to tell which one most families are going to buy - especially low income families.

    You shouldn't have to buy more expensive toys just to ensure your kids are getting toys that are safe for them to play with. All toys sold in the U.S. should be safe for our kids. And if the CPSC was doing their job and holding products to the high standard they should, this stuff would have never been sold for years.

    We're not talking about toys that were recalled after being out for only a short period of time. Some of these toys harmed kids 3, 4 years ago and nothing was done until now.

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    I've been waiting to see a picture of Jake! So cute! Thanks for posting.

  • Robert Harris (unverified)
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    I don't know what anyone else would expect based on the prevailing republican/libertarian philosophy that markets can fix all things and will self regulate based on consumer choice with the stick of tort liability for the egregious market abuses.

    But it gets you to thinking, what exactly is the proper balance between the number of kids with lead poisoning and the tolerable level of government regulation?

    hmmmmm...I wonder what level of contamination the free marketers would tolerate in their children to ensure a thriving, dynamic and innovative global economy. After all, if you are the unlucky parent who finds out his child has learning disabilities because someone in China wanted to make a little more money, you can still sleep well knowing that your child's sacrifice was ideologically correct, and you can recoup your loss by suing the store you bought the toy from. (good luck suing the overseas manufacturer)That is, unless these same free marketers get their way with "tort reform", or you're one of those parents who wouldn't trade the health of your child for any amount of money.

  • Miles (unverified)
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    Good post. A few observations:

    1. One solution is to buy our kids fewer toys, especially the cheap plastic variety. I'm no scrooge -- my kids have lots of toys (yes, many of the cheap plastic variety). But in the same way that we try to buy things without a lot of packaging, compost our food waste, recycle, etc., we try not to go overboard on toys. Simple things -- like measuring cups and spoons, empty boxes -- keep young kids occupied for days.

    2. Not everything is China's fault. For instance, Mattel apologized to Chinese manufacturers for blaming them early on. Turns out that many of the recalls (especially the magnets) were due to design flaws at Mattel, and other toys were recalled even though the lead levels were below U.S. standards. In other words, toys made in the USA could have the same amount of lead and not be in violation.

    3. It's worth pointing out that the lead exposure from these toys is very low. That's not to excuse the problem or absolve anyone of blame, but there is tragic irony in the parent who immediately throws away all the Chinese-made toys while little junior is chewing on the windowsill ledge. If you own a pre-1970 house, EVERY painted surface is coated with lead paint. As owners of a 1920s Portland bungalow we've tested our own place and once you get below the top few layers it's all lead-based, at much higher concentration than what's in those toys.

    4. This is a great opportunity for progressives to make a much larger point about good government. The conservative critique is that government is bad, free markets are good. With the neutered CPSC, we've essentially had a free market in toy quality, and this is what we ended up with. Now, even Republicans will decry this situation and call for better government oversight and regulation because doing otherwise would be political suicide. But we can't let them get away with that. We need to expand the discussion: Why is government regulation necessary here, but not in, say, food quality, or automotive safety, or pollution control/clean-up? How does this situation expose the flaws in the conservative mantra? How can we use this to illustrate the need for good, responsible government that will protect people from the dangers of an unregulated free market?

  • Molly Chidsey (unverified)
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    Thought you'd be interested in the latest tool in selecting safer (non-toxic) toys: www.healthytoys.org.

  • eric (unverified)
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    A friend past this on to me, it is a MUST SEE VIDEO. Pass it on to everyone in your address book.

    http://www.storyofstuff.com/

    What is the Story of Stuff? From its extraction through sale, use and disposal, all the stuff in our lives affects communities at home and abroad, yet most of this is hidden from view. The Story of Stuff is a 20-minute, fast-paced, fact-filled look at the underside of our production and consumption patterns. The Story of Stuff exposes the connections between a huge number of environmental and social issues, and calls us together to create a more sustainable and just world. It'll teach you something, it'll make you laugh, and it just may change the way you look at all the stuff in your life forever.

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