the Politics of toy recalls

Former Sen. John Edwards, D-NC,  wrote letters to both President Bush and the Democratic leaders of Congress to take the issue of toy safety more seriously . he implored Bush — "As one father to another" — to "take immediate action to stop the growing crisis of dangerous toys being imported from China." Specifically Edwards called for "mandatory, independent third party testing" of toys. 

"We also need to put the Consumer Product Safety Commission back on the side of consumers — by strengthening its enforcement powers and eliminating conflicts of interest."

You can expect to see more of these statements, since consumer activists have faulted the Bush administration for never taking the Consumer Product Safety Commission seriously.

Of the three Bush nominees to be chair of the CPSC, one was rejected in the Senate (Mary Sheila Gall), the second (Hal Stratton) only served out half his term, and the third — Michael Baroody, a former vice president of the National Association of Manufacturers — withdrew his nomination when it became somewhat rocky. The woman serving as acting chair, Nancy Nord, has never been confirmed.

What are the political issues here? 

According to Ed Mierzwinski, Consumer Program Director of the U.S. Public Interest Research Group, the CPSC is not taken seriously, with a dearth of money, staffing, enforcement authority and leadership. Its budget is $63 million — less than half of its original 1974 budget, if one corrects for inflation. (With inflation the budget should be $149 million, he says.) In 1980, the CPSC had a staff of 978. Now its staff is less than 400.

As for staffing, the CPSC is supposed to regulate the safety of 15,000 products (toys being just one part) — but it does so with only 15 inspectors TOTAL at ports of entry, and 90 inspectors total across the country. Congressional investigators recently visited the CPSC’s laboratory in Bethesda, Maryland, and according to Mierzwinski found it "like a bad high school lab."

It is true that the ultimate responsibility for the safety of these products lies with the corporations who sell them and are expected to comply with laws by, for instance, not putting lead-based paint on children’s toys. 

But if the manufacturers bear no serious risk but for their reputation in a crisis scenario, consumer advocates argue, where’s their incentive to act if the CPSC is so toothless and impotent?

"Manufacturers are more afraid of Wal-Mart and its insistence of price guarantees than they are of CPSC and its insistence on safety," Mierzwinski says.

As for the CPSC’s argument that the lead-related recalls have taken place with no injuries or deaths reporter, Mierzwinski says that’s a red herring.

"Lead is a chronic hazard," he says. "It makes you sick over time, lowers your IQ, it may even make you violent."

Injuries wouldn’t show up right now or even necessarily be directly traceable to the toy…it’s an environmental hazard that would manifest itself over time, likely in combination with other factors.

Bottom line — expect to hear more about this from Democrats, and expect consumer groups to back them. And expect corporations and manufacturers to accuse Democrats of taking actions to enlarge the government and drive up prices for consumers….fun for the whole family!

– jpt