New Law Seeks to Protect Children but Threatens Livelihood of Resale Stores
Have you heard about the new federal law restricting the sale of used children’s clothing, toys, and furniture that exceed a certain lead content? The new law, which takes effect in February, requires testing for lead and other chemicals on any children’s products made before February 10th. So how will this law affect mom’s who frequent local resale shops and how will these shops maintain a sizable inventory?
A few days ago, local stores, like Once Upon a Child, were desperate for some type of clarification from the Consumer Product Safety Commission, which enforces such laws, on how the law will affect their business. Thus far, members of the Consumer Product Safety Commission tentatively agreed that the law would exempt clothing and toys made from natural materials like cotton and wood. However, much of resale stores’ stock is not made of natural materials, so the law could still drastically reduce their items for sale. The bottom line is that re-salers may not sell children’s products with more than 600 ppm total lead content on or after February 10, 2009, even if they were manufactured before that date.
Like most of you, I was seriously concerned when I first heard how the law might jeopardize the livelihood some of my favorite resale stores. On one hand I was excited that Washington is keen on reducing our children’s exposure to lead-filled products. On the other hand, as a consumer, where will I go to find gently used items at lower costs than brand-new, marked up department store items? I prefer to shop locally, and I feel awful when local businesses pay for federal mandates. Besides, these re-salers are not responsible for the lead content of anything they sell, and aren’t they actually teaching children the value of reduce, reuse, recycle?
However, I can’t help but feel that I should support any law that ultimately seeks to protect children. High lead content is dangerous, especially to children. Childhood lead poisoning can lead to severe and lasting brain damage, especially learning and developmental disabilities. We can still support our local resale stores by continuing to buy their federally approved items. And perhaps in the big picture this law will encourage producers of children’s products to use safe materials that will eventually find their way onto the shelves of our local resale shops.
So how do you moms out there feel about this? Let LiveMom know!
Also, here is the link to the Consumer Product Safety Commission for more information: www.cpsc.gov























January 9th, 2009 at 6:38 pm
Why are resale stores and not all retailers being held to such strict measures to protect our children against lead and other harmful toxins in their toys?
Really, to me, it is another useless law that makes locally owned businesses struggle even harder to make it. The blame and responsibility should be put on the companies who make the toys and not the people reselling them. What’s next? Will individuals selling items on Craigslist also be responsible?
Just my two cents!
January 9th, 2009 at 7:49 pm
I think there is also some ambiguity in the law as far as how items exceeding the lead content can be sold at garage sales.
January 10th, 2009 at 9:11 pm
While I empathize with the resale shops, I think our government is trying to do right by our children and that is important. The resale shops will survive I think and we will be better off for it. I think it is ridiculous to be upset that the government is trying to make toys everywhere safer for our children. Should those who cannot afford new toys not be assured the same level of safety that those who can are? Double negative I know but I could not think of another way to say it!
January 11th, 2009 at 7:51 am
good point Katie. thanks for your comment.
January 11th, 2009 at 2:31 pm
Since when do manufactured clothes contain lead?
I can see creating a law against allowing objects with lead content to enter our purchasing pool, however, that ought to start with manufacturers, retailers abroad, and locally…that which you allow into the marketing pool. For objects already in the marketing pool, maybe someone can create a cheap instrument for monitoring lead content in objects such as children’s toys so you can leave the second hand stores alone, exempt from this law. Children need clothes and to place limits on what people can sell, give and buy says to me ….we want you to shop within the regular retail stores system and this law gives you only that choice. Face up…some people cannot afford to shop there so they cannot afford this law.
January 14th, 2009 at 7:19 pm
I think the law (CPSIA) is good at heart, but you have to understand the ramifications. I called a local organic baby store and the owner said she fears that she will have to close. It seems that small companies that strive for the most natural, chemical free baby and kids toys and clothes, will be punished for the crap coming over from China. Imagine a future were every toy you buy new will be from China. Local artisans will no longer be able to make handmade bibs, clothes or toys. Craftsmen in the US, who buy all their supplies lead free in the US, would be required to test each “batch.” Only the huge companies that outsource to China would be able to afford it which is our goverment’s way of rewarding those that started the problem.
As far as resale keeping your kids safe. All the items in the resale stores are coming from our homes. Are you ready to take EVERY Item in you house that your kids wear, play with or use and throw it in the garbage? Go buy all new bedroom sets, sheets, clothes, toys, carseats and plates? Why should you? Because according to this sweeping law, they are not certified, therefore not safe. Put it in the landfill now!
I have two kids and I want the best for them. I want them to grow up in a world with handmade toys and clothes and the ability to recycle the clothes on their back.
Again, I want the lead away from our children, I just believe that an election year’s knee jerk reaction to product safety will kill off many unintended targets.