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Child Product Safety: Do Current Standards Provide Enough Protection?

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Child Product Safety: Do Current Standards Provide Enough Protection? CHILD PRODUCT SAFETY: DO CURRENT STANDARDS PROVIDE ENOUGH PROTECTION? HEARING BEFORE THE SUBCOMMITTEE ON COMMERCE, TRADE, AND CONSUMER PROTECTION OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS SECOND SESSION OCTOBER 6, 2004 Serial No. 108–129 Printed for the use of the Committee on Energy and Commerce ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house U.S. GOVERNMENT PRINTING OFFICE 97–273PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 12:39 Dec 21, 2004 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 97273.TXT HCOM1 PsN: HCOM1 COMMITTEE ON ENERGY AND COMMERCE JOE BARTON, Texas, Chairman W.J. ‘‘BILLY’’ TAUZIN, Louisiana JOHN D. DINGELL, Michigan RALPH M. HALL, Texas Ranking Member MICHAEL BILIRAKIS, Florida HENRY A. WAXMAN, California FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida RICK BOUCHER, Virginia PAUL E. GILLMOR, Ohio EDOLPHUS TOWNS, New York JAMES C. GREENWOOD, Pennsylvania FRANK PALLONE, Jr., New Jersey CHRISTOPHER COX, California SHERROD BROWN, Ohio NATHAN DEAL, Georgia BART GORDON, Tennessee RICHARD BURR, North Carolina PETER DEUTSCH, Florida ED WHITFIELD, Kentucky BOBBY L. RUSH, Illinois CHARLIE NORWOOD, Georgia ANNA G. ESHOO, California BARBARA CUBIN, Wyoming BART STUPAK, Michigan JOHN SHIMKUS, Illinois ELIOT L. ENGEL, New York HEATHER WILSON, New Mexico ALBERT R. WYNN, Maryland JOHN B. SHADEGG, Arizona GENE GREEN, Texas CHARLES W. ‘‘CHIP’’ PICKERING, KAREN MCCARTHY, Missouri Mississippi, Vice Chairman TED STRICKLAND, Ohio VITO FOSSELLA, New York DIANA DEGETTE, Colorado STEVE BUYER, Indiana LOIS CAPPS, California GEORGE RADANOVICH, California MICHAEL F. DOYLE, Pennsylvania CHARLES F. BASS, New Hampshire CHRISTOPHER JOHN, Louisiana JOSEPH R. PITTS, Pennsylvania TOM ALLEN, Maine MARY BONO, California JIM DAVIS, Florida GREG WALDEN, Oregon JANICE D. SCHAKOWSKY, Illinois LEE TERRY, Nebraska HILDA L. SOLIS, California MIKE FERGUSON, New Jersey CHARLES A. GONZALEZ, Texas MIKE ROGERS, Michigan DARRELL E. ISSA, California C.L. ‘‘BUTCH’’ OTTER, Idaho JOHN SULLIVAN, Oklahoma BUD ALBRIGHT, Staff Director JAMES D. BARNETTE, General Counsel REID P.F. STUNTZ, Minority Staff Director and Chief Counsel SUBCOMMITTEE ON COMMERCE, TRADE, AND CONSUMER PROTECTION CLIFF STEARNS, Florida, Chairman FRED UPTON, Michigan JANICE D. SCHAKOWSKY, Illinois ED WHITFIELD, Kentucky Ranking Member BARBARA CUBIN, Wyoming CHARLES A. GONZALEZ, Texas JOHN SHIMKUS, Illinois EDOLPHUS TOWNS, New York JOHN B. SHADEGG, Arizona SHERROD BROWN, Ohio Vice Chairman PETER DEUTSCH, Florida GEORGE RADANOVICH, California BOBBY L. RUSH, Illinois CHARLES F. BASS, New Hampshire BART STUPAK, Michigan JOSEPH R. PITTS, Pennsylvania GENE GREEN, Texas MARY BONO, California KAREN MCCARTHY, Missouri LEE TERRY, Nebraska TED STRICKLAND, Ohio MIKE FERGUSON, New Jersey DIANA DEGETTE, Colorado DARRELL E. ISSA, California JIM DAVIS, Florida C.L. ‘‘BUTCH’’ OTTER, Idaho JOHN D. DINGELL, Michigan, JOHN SULLIVAN, Oklahoma (Ex Officio) JOE BARTON, Texas, (Ex Officio) (II) VerDate 11-MAY-2000 12:39 Dec 21, 2004 Jkt 000000 PO 00000 Frm 00002 Fmt 6011 Sfmt 0486 97273.TXT HCOM1 PsN: HCOM1 C O N T E N T S Page Testimony of: Cowles, Nancy A., Executive Director, Kids in Danger ................................. 37 Felcher, E. Marla .............................................................................................. 34 Ginzel, Linda ..................................................................................................... 26 Klein, Gary S., Senior Vice President Government, Legal and Regulatory Affairs, Toy Industry Association ................................................................ 40 Lipin, Lisa A. .................................................................................................... 29 Stratton, Hon. Hal, Chairman, U.S. Consumer Product Safety Commis- sion ................................................................................................................. 6 Weintraub, Rachel, Assistant General Counsel, Consumer Federation of America .......................................................................................................... 45 Additional material submitted for the record: Stratton, Hon. Hal, Chairman, U.S. Consumer Product Safety Commis- sion: Response for the record ............................................................................. 64 Letter dated November 4, 2004 enclosing additional material for the record ............................................................................................... 65 Weintraub, Rachel, Assistant General Counsel, Consumer Federation of America, response for the record ................................................................. 61 (III) VerDate 11-MAY-2000 12:39 Dec 21, 2004 Jkt 000000 PO 00000 Frm 00003 Fmt 0486 Sfmt 0486 97273.TXT HCOM1 PsN: HCOM1 VerDate 11-MAY-2000 12:39 Dec 21, 2004 Jkt 000000 PO 00000 Frm 00004 Fmt 0486 Sfmt 0486 97273.TXT HCOM1 PsN: HCOM1 CHILD PRODUCT SAFETY: DO CURRENT STANDARDS PROVIDE ENOUGH PROTECTION? WEDNESDAY, OCTOBER 6, 2004 HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, SUBCOMMITTEE ON COMMERCE, TRADE, AND CONSUMER PROTECTION, Washington, DC. The subcommittee met, pursuant to notice, at 10 a.m., in room 2123, Rayburn House Office Building, Hon. Cliff Stearns (chair- man) presiding. Members present: Representatives Stearns, Shimkus, Terry, Issa, Schakowsky, and Green. Staff present: David Cavicke, majority counsel; Chris Leahy, pol- icy coordinator; Shannon Jacquot, majority counsel; Billy Harvard, legislative clerk; Jonathan Cordone, minority counsel; Turney Hall, staff assistant; and Ashley Groesbeck, minority research assistant. Mr. STEARNS. Good morning. The subcommittee will come to order. The business of commerce is always a serious matter, and when the business involves protection of our most valuable citizens, our children, there is indeed added significance. Children are a treas- ure for all of us, obviously, and when they are harmed accidentally we are all emotionally affected. Especially when these accidents occur involving products provided obviously with the best inten- tions, the parents, the families, and the caregivers all give great concern. I would like to commend my colleague, the ranking member of the subcommittee, Ms. Schakowsky, for focusing us today on child product safety issues and the effectiveness of this current regula- tion that we have. These issues are extremely important to all of us as lawmakers, caregivers, parents, and, for some who shall re- main anonymous, as grandparents. Again, I would like to commend the ranking member and her staff for their work on this important area, and I am interested to hear from the diverse panel of witnesses today what is working and obviously what is not working. The jurisdiction over child product safety rests with the Con- sumer Product Safety Commission, or the CPSC as we use the term. They enforce specific child product safety regulations, includ- ing regulations related to paint and coating materials, pacifiers, rattlers, sharp edges and points, and small parts that could be swallowed or inhaled. The CPSC can initiate investigations that ul- timately lead to recalls for items that present a substantial risk of (1) VerDate 11-MAY-2000 12:39 Dec 21, 2004 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 97273.TXT HCOM1 PsN: HCOM1 2 injury to the public or if they violate specific safety standards issued by this Commission. Regardless of the regulatory mechanism, we hear buzz words like sharp and small objects. They can create immediate anxiety for any parent or caregiver, because children always seem to find trouble very quickly when a parent or caregiver’s watchful eyes are dis- tracted or unable to supervise. In terms of statistics, the U.S. toy industry is a very large busi- ness. The industry had sales of $20.7 billion in 2003, and during that same year the CPSC recalled 96 toys and children’s products involving almost 14 million separate products. Sadly, there were 11 toys related to deaths in 2003 and approximately 206,500 injuries. I would note that the toy sales figures do not include other chil- dren’s products or consumer products affecting children. The protection of our children and child product safety is as im- portant as any issue this subcommittee will ever consider, and I in- tend to give these issues a thorough hearing today. First, I would like to understand in statistical terms how the CPSC is doing—what it is doing to address unsafe children’s prod- ucts that are already on the market and on the secondary used market. Second, I would like to examine how we can improve these num- bers, including getting a better idea of where and how money is de- ployed at the CPSC as well as how industry is working with the regulators to improve child product safety. And last, my colleagues, providing parents and caregivers with the proper information to protect their children from unnecessary risk is also an important element of safety. I would like to learn more about what the CPSC provides publicly and what the toy manufacturers are offering to consumers regarding child product safety. As we all know, generous consumer information that leads to well-informed consumers can go a long way, a long way in help- ing to prevent needless
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