This is a followup on my previous post. I've had a few people ask how to present the issue if they call congress.
The following information is intended for phone or personal contact, but applies to emails as well. You're also welcome to modify my email to my congressmen for your own letters. The same information applies even if you are speaking to an aide instead of the member.
A good place to start is by THANKING them for trying to keep kids safe. In the end, that is what this rule is supposed to do. We are not at war with them, we want them to see our side of things and how this law is having potentially devastating side effects. They were trying to keep lead paint and phthalates away from kids. We have had a problem with lead paint on toys, they solved it, we thank them. “Here is how it is hurting the little guys.”
Keep your comments as brief as possible, but make sure you get your points across. You can also tell them that you are going to email a follow-up so they can have all of your information at hand for review. Don’t let them get away with saying they are busy now and will read later, just let them know you value their time and want to make it easy for them to reference your points.
While different industries are asking for different things, the following are some key points that apply to most small businesses. Feel free to add your own thoughts as you speak.
- For most products, testing of componsent materials instead of finished products would save millions of dollars in testing fees and make the law less burdensome on the small business owner.
- Explain that this law mandates unnecessary testing of materials, that by their very nature, are at no risk of contamination by lead and phthalates: specifically unadorned fabrics, sewing thread, paperunfinished wood, and wood finished with food-grade finishes (such as beeswax).
- Explain that this law is not compatible with international safety standards, such as the EU's EN71, that already impose even stricter limits that the new US standard on harmful chemicals in childrens' products. As a result, manufacturers of the world's safest toys would have to spend millions of dollars on redundant testing in order to continue selling their products in this country.
- Explain that as it stands, this part of the law will put thousands of small manufacturers out of business - hurting our economy and causing even more loan defaults.
- Explain that making the law retroactive would put millions of small independent children's stores out of business, as large portions of their inventory are defined as "banned hazardous substances" overnight - regardless of whether these products contain dangerous materials.
- Point out that requiring testing of finished products makes it impossible to legally sell handmade products for children. This removes consumer choice as well as devastating businesses that specialize in handmade items.
- Explain how offering consumer choices is going to be incredibly expensive - having to test every product over and over even when the materials are the same and only details such as size or fabric print change will make it too expensive for small businesses to carry a broad variety of products.
- Explain that you believe there are alternatives that are workable solutions and still protect kids.
- Explain that this rule favors those who manufacture in mass quantity and hurts smaller, more varied businesses. Grandma is going to be a felon if she sells baby items at craft fairs.
Let them know that you will be following up after the next hearing to talk further. Let them know that the law is going to hurt YOU as a consumer as well as any businesses you may have.
Offer some alternatives to help them out. No Congressperson is going to want to stand up and say, “Let’s make toys unsafe again!” If you offer them some workable ideas, you will make a lot more progress. Some alternatives that have been suggested:
- Exempt products made from materials that are very unlikely to contain lead - fabric, paper, wood, etc.
- Exempt categories of items such as books, unadorned textiles, or handmade items made in the USA and Canada.
- Exempt products from Canada or the EU that are already certified under standards that meet or exceed the CPSC standard.
Be sure to thank them for their time.
Here is a good small report on how to communicate with Congress.
More on how to talk to Congress.
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