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Published: May 2008

Congress should enact the strongest product safety bill possible

Coalition: Product Safety

In an open letter to Congress, Consumer Action and several other organizations asked for lawmakers to pass legislation with strong product safety measures to protect American families and consumers.

An Open Letter to Members of Congress Regarding Toy and Consumer Product Safety

Dear Members of Congress:

We are writing on behalf of millions of American consumers to urge you to enact the strongest consumer product safety bill possible. As you move forward on negotiations to reconcile the differences between H.R. 4040 and S. 2663, please ensure that the final legislation includes the strongest consumer protection provisions in each bill. We need a Consumer Product Safety Commission that can repair our broken product safety net and adequately protect our families.

Hazardous products are making their way onto our store shelves and into our homes. Far too often Americans are put in harm's way by unknowingly purchasing dangerous products for ourselves and our families, such as toys and jewelry with excessive levels of lead, toys with dangerous magnets that when swallowed in multiples can rip a child's intestines and stomach lining, and cribs with hardware and side-slat failures that can cause injury and even death. We need a system that prevents hazardous products from entering the marketplace, identifies and alerts the public to potential problems as early as possible, and holds manufacturers and others accountable when unsafe products are sold.

H.R. 4040 and S. 2663 each contain important provisions that significantly improve the safety of toys and other products. At a minimum, the final bill should include the following protections for children and other consumers:

Safety for Children's Products Should Not End at Age Seven.

It is critical that children's products be broadly defined to include products intended for older children at least to age 12.

Better Public Information about Potential Hazards Is Needed Now. I

ncidents associated with cribs and toys that could injure or even kill babies and children should not be hidden from the public. The CPSC should be required to keep the public informed about reported potential hazards with a Web-accessible database.

State Attorneys General Need Adequate Authority to Enforce the Law.

We need more cops on the beat and state AGs should have broad authority to help enforce product safety laws.

Strong Toy Safety Standards Should Not Be Voluntary Any Longer.

Voluntary standards are not keeping our children safe. Safety standards for toys should be mandatory, as should testing and certification that toys are safe.

Lowering Lead Levels in Children's Products Should Be a Priority.

New restrictions on the allowable lead content in toys and other children's products should protect children from the serious health risks posed by lead exposure. Lower lead levels (starting at 300 ppm and dropping to 100 ppm) and faster implementation should be a priority.

Employees Who Report Safety Hazards or Refuse to Act Illegally Must Be Protected.

Whistleblower protections are critical for effective enforcement of consumer product safety laws. Corporate and CPSC employees who challenge violations of CPSC law or who refuse to act illegally themselves should have, at a minimum, the protections Congress granted employees in ground transportation and defense contracting.

Weak Penalties for Lawbreakers Are Not an Adequate Deterrent.

The cap on penalties for violators must be raised at least from $1.83 million to $10 million and up to $20 million if aggravated circumstances are proven to provide a significant deterrent and to increase compliance with the law.

No More Free Rides for Violators.

Today, a manufacturer would have to commit the same crime twice - and be caught and specifically warned the first time - to be liable for a criminal act. There should be no pre-notification requirement. Corporations that violate product safety laws must not be given immunity for filing required reports on product hazards.

The CPSC Must Have the Authority to Inspect Labs.

CPSC should have the clear authority to inspect laboratories that test consumer products.

Consumers need these improvements to current law to ensure that their toys and other children's products are safe. The Consumer Product Safety Commission also needs adequate funding and authority to ensure that product safety and children are put first. Please act quickly to pass the strongest bill possible for all consumers.

Lead Organization

Consumer Federation of America

Other Organizations

Consumers Union | U.S. Public Interest Research | Group Kids in Danger

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