Monday, April 9, 2012

Common Sense Exception

Recently, the CPSC unanimously voted to grant an exception to the 100 ppm lead content limit for certain children’s ride-on pedal tractor component parts made with aluminum alloys. This vote represents a watershed moment in the Consumer Product Safety Commission’s approach to the regulation of lead in the metal substrate of children’s products. It establishes for the first time bipartisan acceptance, based on the expert advice of CPSC’s professional staff, of the principles that (1) lead in children’s products presents a risk of harm only to the extent that children are exposed to the lead; and (2) metal substrate containing 300 ppm of lead that is not likely to be placed in the mouth, ingested, or extensively contacted by children does not present a health risk, because it does not measurably increase blood lead levels.

I can only hope that this milestone decision will invite additional petitions as well as inspire the Commission to independently consider other opportunities to alleviate the unnecessary economic harm caused by its 100 ppm decision. I only wish the rational approach represented by the Commission’s adoption of staff’s analysis of the Ertl petition had prevailed sooner.

If you would like more information on the Ertl Petition, I encourage you to read my statement on the vote or to email me with your questions.

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