HUGE NEWS MUST READ Toy makers assail cost of new law

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HUGE NEWS MUST READ Toy makers assail cost of new law

Post by VMF115 » Sun Dec 21, 2008 1:23 am

Toy makers assail cost of new law its called CPSIA
Rules passed after scares about tainted items have unintended consequences, companies say

http://www.statesman.com/news/content/n ... 1toys.html

This will have a devastating effect on our hobby........in more ways then one. we could see the end of all small scale military related items..there is no way small companies like 21st, Fov, and AT can absorb those huge testing cost and stay profitable... even if you tried to say they are not toys and they are only for sale to adult collectors...No large retail store will carry them........I am wondering if this is the reason why 21st might be slowing down it's production.........I now wounder if at is even going to sell their sbd and a-1......they may have to change their name to admiral military collectible replicas......



Next Christmas could be very bleak for kids.... Very few new toys no new bikes for kids next year...all because of a poorly written law from congress..........................I can already see the headlines the U congress that stole Christmas 2009.

Many importer will just simply end their relationships with US consumers then to risk bankruptcy





http://www.walletpop.com/blog/2008/12/1 ... consumers/





which brings me to the bigger problem congress likes to regulate but seldom do the every stop and think what will the consequences be on their actions...........................idiots............




While I guess I could ask every one to contact their Congress and Senators.... but we need to find out what to tell them first. Maybe Jason can help us with that.

http://www.rescuemarketing.com/blog/200 ... made-toys/

It’s time you started caring, but let me help you decide. Here are a few examples of businesses that will be impacted by the CPSIA, otherwise known as “reasons to care”:

If you make wooden trains in your garage and sell them *anywhere*, you get to pay $4000 per toy to a 3rd party testing lab to assure compliance with the CPSIA.

If you make sock monkeys at home and sell them at your local craft fairs and tourist shops, you have three choices: sell them in violation of the law, close up shop or pay the fee to have your items tested. Each SKU = $4000, most likely.

If you own a small toy store, sell items that cater to kids, or you sell antique toys or anything else that comes to you without CPSIA-compliant labeling, you have to pay to test every item, or make sure that it has been tested. Presumably, testing a small sample of the same lot is acceptable, but “presumably” is not a way to stay legal. I suggest contacting a testing lab and/or attorney for more info.

If you import all your toys from Europe, you have to have them all tested, despite the fact that Europe has for years had stricter toy safety standards than the U.S. Again, the same advice as above regarding testing of items in the same lot.

If you create or sell science kits for homeschoolers, the CPSIA appears to apply.

If you’re a school who buys such kits, your vendors may also be subject to it.

Every U.S. toy manufacturer who actually manufactures items here at home - and likely had nothing to do with the toy recalls from 2007 - still has to pay to test their toys. That part makes sense, unless the items in question are made from 100% natural materials.

If you enjoy shopping for your kids at craft fairs, online at Etsy.com or eBay, or you like buying used toys and clothing - sales of items that do not conform to CPSIA regulations and that have not been tested will be illegal to sell to you.

If you sell items for kids on eBay, all your existing untested or non-compliant inventory has to be sold before February 10 or it cannot be sold without being tested. The phase-in starts with larger concerns, but it’ll get to you before you know it.

Retailers can be held liable for selling any handmade toys or children’s items that are not tested by a CPSIA-compliant lab and labeled per the CPSIA.
Last edited by VMF115 on Sun Dec 21, 2008 4:38 am, edited 10 times in total.
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Post by VMF115 » Sun Dec 21, 2008 1:46 am

This legislation is also retroactive for any pre-existing inventory as of Feb. 10, 2009. This means that everything on the shelves in those big (or small) stores will also be “banned, hazardous substances” – contraband. Larger corporations that can afford testing will incur thousands, maybe millions of dollars in fees, and this expense will be handed down to the consumer, probably making the prices for children’s products go through the roof.

This also means that after that date, even selling your kids old things on eBay or Craigslist will be illegal. Charities will not be able to accept donations without a certificate of compliance either.

February 10, 2009 is being dubbed “National Bankruptcy Day” by many people in the apparel and toy industry. If this legislation is not amended, it will affect everyone from port workers to parents looking for legal products. Billions of dollars worth of children’s products will have to be destroyed because they can’t be legally sold, and this will cause major environmental problems.

http://www.patriotledger.com/opinions/x ... ut-of-work


http://www.mlive.com/grpress/business/i ... n_for.html



http://www.handmadetoyalliance.org/memb ... y-alliance
Last edited by VMF115 on Sun Dec 21, 2008 2:56 am, edited 1 time in total.
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Post by VMF115 » Sun Dec 21, 2008 2:13 am

1 Question will all of our non-tested "to CPSIA specifications" 1:18th items be worthless now. unless congress steps in?

2 It looks like if you are under 12 and want an untested xd figure/ armor aircraft made before CPSIA testing you better get it now. any one that sell one to a minor is opening them up to the US justice system..

*how ever just to cover your butt, would it be safer to only sell them to people over the age 18?


3 If we do sell on eBay do we have to specify that these toys are not to be received to minors.......

4 will ebay enforce a ban on all pre CPSIA Toys?

5 What will pickelhaube do and other cottage industry folks like sky-works do? Will this effect this industry as well,,,Heck I Might as well forget about making anything out of wood or anything at all.

6 Can Jason from AT discuss this new law more in depth since he is the legal eagle on this forum.

8 Any one know how this will effect the model kit industry.........is this one reason why WM pulled their model kits off of their selves?

9 Maybe 21st and AT could get some bail out cash?
Last edited by VMF115 on Sun Dec 21, 2008 3:11 am, edited 5 times in total.
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Post by VMF115 » Sun Dec 21, 2008 2:33 am

http://www.fashion-incubator.com/archiv ... facturers/
First of all, the law is clear with respect to three pivotal matters regardless of company size:

1 As of February 10, 2009, no more than 600 ppm lead can be present in products intended for children aged 12 and younger, as determined by a “reasonable testing program”.

2 Third party testing, is not required until August 16, 2009.

3 General Conformity Certificates (GCC) are required as of February 10, 2009.
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Post by Stug45 » Sun Dec 21, 2008 3:14 am

This is very bad news for XD.

:cry: :cry: :cry: :cry: :cry:
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Post by VMF115 » Sun Dec 21, 2008 3:17 am

Stug45 wrote:This is very bad news for XD.

:cry: :cry: :cry: :cry: :cry:
What About all our favorite retailers that sell xd? :cry:

We should have seen this thing coming ...did 21st see it and blink......?
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Post by VMF115 » Sun Dec 21, 2008 3:31 am

http://www.fashion-incubator.com/category/cpsia/
Archive for the ‘CPSIA’ Category


“At this time”
A word about why this matters. Many of us are of the opinion that this law as written, is not sustainable due in part to costs and likely rampant non-compliance. There is little doubt there will be a fall out on February 10th that will disproportionately affect large producers. We are of the opinion that as a result, the regulations will evolve to more reasonable standards, hopefully before August when third party testing is required. As such, this may represent an opportunity for smaller companies. Worst case scenario, even if third part testing remains in effect, it is possible more labs will be approved by the time August rolls around. This means it may be that you can stay in the game and wait it out hoping for more favorable conditions in the future. I hope you all realize that any gains you realize will be coming at the grave expense of large firms so it remains inappropriate to sling any tactlessly worded verbiage towards them.
There is a glimmer of hope


from what I can read, it may hurt short term xd, but may not hurt it in the long run.........as long as there are enough etailers around that will order new merchandise....me thinks .....I just wounder how many are going to be burned with inventory they can not sell...or will they be able to sell it as long as you provide them with a photo ID to prove you old enough to have a pre .CPSIA toy....?

will they be re---classified as not toys but pre built models for adults. Put a disclaimer announcing that they are intended to be collector's items only, not toys for children.

It is also noted that all big box stores will require everything carried in their stories to comply with CPSIA regardless of age they are taking a more proactive approach....... :wink:

However this bill will destroy many small business that make make children’s clothing, toys, jewelry, hair bows, accessories, furniture, artwork or anything else “intended for use by children age 12 and under.
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Post by dandaman » Sun Dec 21, 2008 5:26 am

I do know for a fact that importers of figures manufactured in China must submit to and pass a series of tests performed on their toys.

For example, small plastic figures require physical/mechanical tests, a flammability test, toxic elements analysis, and a phthalate content test.

This is not optional. You need these tests and verifications in order that your product meets safety requirements. I don't remember what the exact costs were for testing, but you will pay.

It's sort of like getting an emissions test for your car.

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Post by pickelhaube » Sun Dec 21, 2008 7:49 am

The resin I use passes all ANSI tests. The paint that modelers use has been cleared years ago.
Regular modelers glue will not work on resin.
Now CA glue has its own issues but they are well known. So with fingers crossed this Act won't effect XD customizers.



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Post by aferguson » Sun Dec 21, 2008 8:14 am

i have my fingers crossed because i was clumsy with my CA glue...
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Post by vmf214 » Sun Dec 21, 2008 8:19 am

There are alot more issues that need addressing than freakin' toys. Sadly our supreme court is no better and will be no help either. This country is losing it's mind. We will now have "govt approved toys", what in the hell! I wonder if Barney Frank's "toys" will get the same testing... :wink: Exactly why stupid people shouldn't be allowed to vote, breed, etc. It's like all these special interest groups that tell us how to properly raise a child, groups that are ran be people who have never had any kids, maybe a gerbil or two but no kids. Sadly this debate will get political as that's all this country is nowadays and will be banned here for debate... :wink: Igorance is bliss. What's next, a mandatory waiting period when you go to buy a Lego set.
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Post by pcoughran » Sun Dec 21, 2008 10:28 am

I would think that the value of what is already out there would go up substantially, if no more were available. I think the number of "kids 12 and under" who purchase these is probably small. Many of these cannot really be played with at all anyway as they won't stand up to it.
If the 1/18 stuff became really rare it would only be adults buying and selling it anyway for collector purposes.
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Post by mogdog » Sun Dec 21, 2008 12:54 pm

Lets just encourage our kids to forget useing their own imaginations PLAYING with toys and plug their brains deeper into the xbox/computer game world.

WE'RE FROM FROM THE GOVERNMENT WE'RE HERE TO HELP!!

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Post by blurx7 » Sun Dec 21, 2008 12:59 pm

Quite beyond our military stuff, what does this do to the entire collectible toy aftermarket? Barbies, Star Wars, Hot Wheels, Matchbox etc all have a huge aftermarket presence on ebay. Does that just go away?
I am guessing that saner heads will prevail and head this off in time. But I don't know what will happen with small independent makers of toys.
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Post by aferguson » Sun Dec 21, 2008 1:34 pm

so what happens to the billions of dollars worth of toys that have been made up til now and have not been sold? Are they all to be tested or tossed in the garbage?

And what about reselling older toys? Is this illegal unless you get each and every one tested by a lab? This is ludicrous.

The bill should affect toys made in the future only.....and even then has to be toned down or there won't be any toys, bikes etc for children at all because costs will be prohibitive and toys unaffordable.

I wonder if a simple disclaimer such as 'not for children under x years of age' will do.

I wonder how ebay will react to this.......ban all toys sales on their US site? We should still be able to sell toys to other countries, unless they follow suit. So, are toys in the US only going to be available on the black market one day.....getting them smuggled in from canada and mexico?

I mean......how many cases annually are there of children being toxically poisoned from their toys? I grew up in the 60's when there were virtually no regulations and i am fine......so is virtually every other child from that or any time up to now..
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Post by vmf214 » Sun Dec 21, 2008 2:11 pm

That is exactly right aferg, in the 60's and especially before there were virtually NO regulations, none, and yet no mass lead contamination epedemic. Imagine that. All these US special interest groups are totally unchecked and look what mayhem they cause. Hell just look at other unchecked govt groups, IRS, EPA, ATF...just to name a few. They all pretty much make up the rules as they go along. I can definitely see ebay banning a particular toy line based on some ludicrous bs made up by them criterium. Ebay is dumb enough, they don't need governmental help! Maybe parents should just be parents and keep their kids from sticking things in their mouths that shouldn't be there. The whole lead issue is totally blown out of proportion imo and based on the govts own stipulations there wasn't enough in the Cars jeep for instance to have hurt anyone if they ate the damn thing. The whole lead issue is political because of who and where the toys are coming from, China..simple as that.
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* Toy Scare Tactics

Post by MG-42 » Sun Dec 21, 2008 2:25 pm

* This whole thing is ridiculous and totally blown out of proportion.



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Post by vmf214 » Sun Dec 21, 2008 2:44 pm

Exactly right Mitch, unfortunately it's the status quo for US govt. Complicate simplicity whenever and wherever possible. It's almost like congress is just trying to piss off the American public... Simple economic fact though, like it or not, start off with toy importation bans from China with impossible to achieve regulations coz that's the main agenda, then radio equip., and eventually everything else and we'll be in a economic upheavel that makes the current one look like a walk in the park. Pure supply and demand, NO way can we supply the public with what it demands ourselves at an affordable price, hence the world has China....for now.. :wink: Yeah it sucks that the Chinese don't have the best working conditions, pay, etc etc, but that still doesn't stop folks from buying things made there. Never has, never will. :wink:

I mean geez look how alot here complain about some XD prices now that most are above the old WM price of $40! Imagine if the stuff were to be made totally in a US factory, paying US workers a suitable wage, providing insurance bennies and the like. We'd be hard pressed to afford the stuff then the battle cry would be "back to China!"... Again pure economic fact. China unfortunately is a necassary evil for the world in general, not just the US economy. There is some justification to outsourcing, it's called affordable retail pricing. Does it suck, yes. Damned if you do damned if you don't. No simple or suitable answer.
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Post by VMF115 » Sun Dec 21, 2008 4:18 pm

read all the links and the links of those websites

Start with is one
http://www.fashion-incubator.com/category/cpsia/

Mitch you are right it is ridiculous and the law was poorly written by buffoons...but it will be the law of the land and it will effect this hobby in one way or another.......
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Post by tmanthegreat » Sun Dec 21, 2008 5:51 pm

Yet another example of the government trying to solve people's problems. When are we going to learn that it does not work? Historically, our political and industry leaders never intended the government to exercise this much control over the private sector as it simply was not great for business. The fate of the Soviet Union should be enough to emphasize what happens to societies where the government controls everything... :roll:

Now, if this leads to the dire predictions indicated in the posts above, so be it. I can go on living even if 21c or any other company no longer make toys, and I will probably be the better for it. Again, it is just the further intrusion of the government into the private sector that makes me wary.
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Post by rmoore456 » Sun Dec 21, 2008 6:04 pm

I made it through childhood with lead paint on my toys, rode a bike without a helmet, had sharp metal edged toys, I made to 52.

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Post by VMF115 » Sun Dec 21, 2008 8:17 pm

Even the European unions is saying the US out did them in over regulation...on of the people I contacted about this are saying Lego may pull out of the US market...until a more cost effective solution or an amendment can be reached....

in fact many European toy companies my pull out of importing toys into the US.....due to cost..

The word out on the street is that next year will be a disaster for toy producers and retailers....


Any thing that has many parts in its construction will be deemed to expensive to be made since every part that is painted has to be tested....... and to make matters worse there is not a lot of these testing facilities up and running.....which will slow down the releases of new products... the name of the business will be to make toys with less then 15 parts to keep cost down........ a toy with 15 parts could cost as much as 20 grand to test.............the labs are already charging that much..

I was told that one of the electronic toy robots that has been on the market was charged 150 grand and was rejected due to its electronics having lead soldering.. to retest they will have to do a complete retest on it and pay another 150 grand...... the manufacture and said no we will not releases it for the US market....it was one of the popular toys sold this year....next year it may not be sold here........


As for our toys if they can not be certified for under 12 due to cost... the big box stores will not carry them...we might be able to buy new ones but it mights cost more then it does now.....jeez talking about raping the collector......for hobby stores it is still unclear if you can sell a uncertified toys next to certified ones..they might have t sold in a separate section of the store........

As for 1/18th die-cast cars collectors your days may be over..with an increase cost they have to pay for the use of licensings in the last few years and now CPSIA lab fees...the price could jump to an extra 30 dollars per item....and many may stop making them.
Last edited by VMF115 on Sun Dec 21, 2008 10:06 pm, edited 1 time in total.
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Captain Wild Bill Kelso: My what?
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Captain Wild Bill Kelso: [fires his airplane's guns] AHHHH!

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Post by VMF115 » Sun Dec 21, 2008 8:43 pm

aferguson wrote:so what happens to the billions of dollars worth of toys that have been made up til now and have not been sold? Are they all to be tested or tossed in the garbage?

And what about reselling older toys? Is this illegal unless you get each and every one tested by a lab? This is ludicrous.

The bill should affect toys made in the future only.....and even then has to be toned down or there won't be any toys, bikes etc for children at all because costs will be prohibitive and toys unaffordable.
no,,,,,,,,, all toys made that are in transit, sitting in warehouses...on the selves that are not CPSIA certified new and old will be illegal for children under the age of 12......... this law is retroactive.





First of all, the law is clear with respect to three pivotal matters regardless of company size:

1 As of February 10, 2009, no more than 600 ppm lead can be present in products intended for children aged 12 and younger, as determined by a “reasonable testing program”.

2 Third party testing, is not required until August 16, 2009.

3 General Conformity Certificates (GCC) are required as of February 10, 2009.
Colonel "Madman" Maddox: Let me hear your guns!
Captain Wild Bill Kelso: My what?
Colonel "Madman" Maddox: Your guns! Ack, ack, ack, ack, ack!
Captain Wild Bill Kelso: [fires his airplane's guns] AHHHH!

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Post by pokeyjtc » Sun Dec 21, 2008 9:24 pm

Sorry kids, after this year, Santa's never coming again because there will be no more toys, EVER! :evil: :evil: :evil: :evil: :evil: Hope you got what you wanted because they don't make it anymore. No need to learn to ride a bike, because they don't make them anymore. :evil: :evil: :evil: :evil: :evil: No need to go to the toystore for your birthday because there is no more toystore. Sorry kids, but the people who where trying to make everything safer for you have just put all the toymakers out of business. Have a happy childhood!

This law is absolutely ridiculous. I just can't believe how stupid this is. It just really makes me want to bang my head against the wall. Will somebody in Congress please come to their senses and figure this is a no-win situation for everybody? What happened to moderation, common sense, and rational thinking? I know, the government doesn't do that anymore.

Sorry for my rant, but I'm just sick of all of the bad news and stupid government decisions that are happening lately. I guess I'll just have to enjoy what I have.

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Post by VMF115 » Sun Dec 21, 2008 9:31 pm

pokeyjtc wrote: What happened to moderation, common sense, and rational thinking? I know, the government doesn't do that anymore.
This is the main problem with the Congress and the Senate.
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Captain Wild Bill Kelso: [fires his airplane's guns] AHHHH!

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