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Bush Signs Consumer Safety Bill

Sweeping legislation provides for safer toys, more effective recalls, stronger enforcement

By Joseph S. Enoch
ConsumerAffairs.com

August 14, 2008

• Consumers Cautioned About Dangerous Toys • Soon-To-Be-Banned Plastic Toys Flooding the Market • Safety Agency Warns of Safety Hazards in Cribs • Bush Signs Consumer Safety Bill • Congress Passes Consumer Safety Bill, Bush Promises to Sign It • Consumer Safety Bill Clears Key Hurdle • Consumer Advocates Blame Lobbyists for Delays in New Toy Safety Rules • Congress Inches Towards New Consumer Safety Bill • Congress Reaches Agreement on Parts of Consumer Safety Bill • Consumers Press Congress to Pass Strong Product Safety Bill • Safety Agency Waits 16 Months to Recall Lead-Laden Key Chains • Lawmakers Propose Bill To Prevent 'Stove Tipping' • Senate Passes Tough New Consumer Safety Bill • Infant Deaths in the Nursery Increasing • Sears Stove Tip-Over Case Illustrates Safety Agency's Shortcomings • Next Season's Toys: Technology Meets Hannah Montana • Toys Safer than Ever, Toy Makers Claim • Toy Industry Needs Import Safety Checklist • Toys Getting Safer, Safety Chief Claims • Plastic War Hits The Toy Industry • Feds Propose New Furniture Fire Rule • Safety Recalls a Sign of Success? • Congressional Leaders Send Message to Mattel • Another Industry Lobbyist To Head Safety Agency? • $30 Million Settlement in Thomas & Friends Suit • Consumer Protection Bills Spark Bitter Lobbying Battle • Time Running out for Consumer Safety Agency --- • More Consumer Safety News • Recall Notices

President Bush today signed sweeping new consumer legislation intended to make toys and common consumer products safer, make recalls more effective and give more authority to federal and state enforcement agencies.

"With the stroke of a pen, President Bush today signed my legislation allowing for sweeping reforms to begin taking place that will keep toxic toys and other dangerous products out of our homes," said Sen. Mark Pryor (D-Ark.), the bill's primary sponsor.

"First and foremost, this new law hands back the reigns to the CPSC, our consumer watchdog agency, by giving it the necessary authority and resources to patrol today’s global marketplace. We also require more responsibility from manufacturers and retailers, and stiffen the penalties if they fail to meet higher safety standards," Pryor said. "From the factory floor to the store shelves, there are dozens more new safeguards that we’ve built in place to prevent unnecessary injuries and fatalities. I truly believe this is a great bill for the American consumer."

The measure gives the Consumer Product Safety Commission (CPSC) far more funding, staff and authority but does not appropriate any more money to carry out the new mandates. Congress is expected to act on that when it returns from its summer recess.

Consumer groups rushed to applaud Bush's action.

“This new product safety law is responsive to the mounting evidence and dire consequences of our broken product safety net. This bill patches up our current system by giving the CPSC the resources, regulatory authority and enforcement tools it needs to protect consumer from hazards posed by unsafe products,” stated Rachel Weintraub, Director of Product Safety and Senior Counsel with Consumer Federation of America. “We applaud Congress and the President for supporting this critical reform and urge the CPSC to implement this law effectively.”

"This is a huge victory for consumers over big business," said David Arkush, Director of Public Citizen's Congress Watch division. "This law puts safety first by making new and important changes, like requiring that toys be tested for safety before they are sold and creating an Internet database where consumers can share information about dangerous products."

The measure — officially known as the Consumer Product Safety Improvement Act of 2008 — passed the House on July 30, 2008 by a vote of 424-1 and the Senate on July 31, 2008 by a vote of 89-3.

It requires that toys and infant products be tested before they are sold, and by banning lead and phthalates in toys. The bill also will create the first comprehensive publicly accessible consumer complaint database, give the CPSC new resources to protect the public, increase civil penalties that CPSC can assess against violators of CPSC laws, and protect whistleblowers who report product safety defects.

Six types of phthalates, chemicals linked to genital defects in males, have been banned from toys along with lead. Also, toys will be required to follow a complex list of rules intended to make them safer.

The phthalate provision makes three phthalates permanently illegal and three others temporarily illegal until the CPSC can determine whether the chemicals are safe or dangerous. More details on the complex legislation can be found here.

The bill boosts the beleaguered CPSC, which many blamed for failing consumers during 2007, a year that had a record number of recalls. The agency's funding will double by 2014 and state attorneys general will be empowered to enforce safety laws in their states.

“This long-overdue law gives the CPSC the shot in the arm that it desperately needs,” said Ami Gadhia, Policy Counsel with Consumers Union. “It is now up to the CPSC to use the tools given to them by this law, and restore the confidence of consumers in the products on store shelves,” added Gadhia.

“Protecting America’s littlest consumers better was always a good idea, but now it’s the law,” said U.S. PIRG Consumer Program Director Ed Mierzwinski. “We look forward to working with a stronger CPSC with more tools at its disposal.” U.S. PIRG Public Health Advocate Liz Hitchcock added, “We especially appreciate the visionary features of the new law, such as its ban on toxic phthalate chemicals in children’s products and its creation of a revolutionary new publicly-accessible database of potential hazards.”

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