Federal government eases limits for lead in toys

While nearly all the attention on Capitol Hill was focused on the House debt ceiling vote, yesterday both chambers quietly approved legislation that makes changes to a landmark product-safety law passed in 2008.

President Obama is expected to sign the legislation into law following a 421-2 approval vote in the House and unanimous consent in the Senate.

Some claim that the bipartisan 2008 law, the Consumer Product Safety Improvement Act, which was passed by Congress and signed by President Bush, had "unintended consequences" and that this newly passed bill was necessary to address their concerns.

Consumers Union Senior Policy Counsel Ami Gadhia said the bipartisan legislation protects children's health and safety while taking measured steps to address some of the claims raised by industry.

"This bill preserves the independent safety testing of toys and other children's products, and it maintains a robust database for people to report and find out about safety hazards," she said. "This bill preserves the core of the CPSIA, the 2008 law that was a significant victory for consumers. It provides more clarity for the Consumer Product Safety Commission to do its job."

The CPSIA phased in over time new lead limits for toys and other children's products. SInce 2009, the lead limits for those products has been 300 parts per million. The most stringent limit on lead in children's products -- 100 ppm -- takes effect on August 14th. The bill passed yesterday says that only products newly made as of August 14th have to meet this most stringent lead limit. Older products, which already have to meet the 300 ppm standard, can still be sold. Retailers in particular wanted this change so that they can sell merchandise that is already on the shelves.

The bill also gives the CPSC the authority to grant certain exceptions to the lead limits under certain circumstances. Products would need to meet three requirements in order to qualify for exemption by the CPSC: it is not practical to make the product without using lead; the product isn't likely to be ingested or placed in children's mouths; and exemption would not have a measurable negative effect on public health.

Consumers Union has commented on the implementation of the CPSIA, including including testimony before the Consumer Product Safety Commission earlier this year.

—Bob Williams