U.S. PIRG Consumer Blog: Battle for CPSC Reform Fight Heats Up As Summer Recess Looms

As Congress heads toward the Fourth of July recess, industry opponents of meaningful CPSC reform are pulling out all the stops to confuse and delay the process of finishing conference committee action on CPSC reform. Just in the last two weeks, both the U.S. Chamber of Commerce (letter) and the National Association of Manufacturers (letter) have sent up letters that read like something from Orwell's 1984 (War is Peace, Freedom is Slavery, Ignorance is Strength) or perhaps Huxley's Brave New World.

One thing the NAM lobbyists are not unclear about, however, is their utter disdain for state enforcement or stronger state protections. Their lobbyists are demanding that any federal bill expand the already-hefty limits on state authority in existing law and in the proposed bill as a condition of their "support" for reform.

Special interest lobbyists are also testifying against immediate enactment of public health protections against toxic hazards (recent American Chemistry Council testimony) and even hiring phony front groups to lobby against those reforms.

However, there is strong support for strong and immediate reform. Recently, 50 state attorneys general sent up a strong letter to conferees demanding a bill with less preemption of stronger state laws and more attention to enforcement authority of state attorneys general. Support is also coming from the American public (Florida PIRG opinion-editorial; Illinois groups' event) and from many members of Congress (recent Dear Colleague to House conferees from Rep. Keith Ellison (MN) and 63 others). A recent Consumers Union recall report shows that the need for reform is still urgent. Recently, U.S. PIRG joined other leading products safety groups in a letter to conferees.

States lead the way: Yesterday, in response to an action by Illinois Attorney General Lisa Madigan, Wal-Mart and the CPSC announced additional recalls of toy keychains containing excessive levels of lead.

And that's not all. Washington State, Vermont and California have recently enacted bans on toxic phthalates (and in some cases other toxic hazards) in children’s products. The Illinois and Massachusetts legislatures are currently considering similar measures. It is critical, based on this state leadership, that conferees reject industry demands to preempt future state leadership on toxic and other hazards to children. We should establish a strong federal floor of protection, but leave the door open for states to enact even stronger measures. That way, if what Congress does is adequate, states will simply move on to other problems. But if what Congress does needs more work, the states have demonstrated that they act more quickly to strengthen the law and show Congress the way forward.