FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister   ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

CPSIA: The effect on retail stores
Goto page Previous  1, 2, 3, 4, 5, 6  Next
 
Post new topic   Reply to topic    Fashion-Incubator User Forum Forum Index -> CPSIA & Consumer Safety
View previous topic :: View next topic  
Author Message
ShariB
Guest





PostPosted: Fri Jan 16, 2009 9:55 am    Post subject: Reply with quote

Lisa B wrote:
If stores send everything back, they won't have any inventory. No one will shop there and they won't be making any money on selling their stuff. They'd have to close. More jobs lost. Ugh!


Many small stores like myself don't have the power to send anything back...but regardless if you can or can't send back, we will still be empty come Feb 10. In fact, Most spring lines that are shipping right now are testing using XRF rather than 3rd party to save some time and expenses I presume, and since it's not required of them until then. But that means come August retailers like myself will be in the same predicament and will have to empty their shelves yet again and throw away their inventory come August! So I've made the decision not to accept any new inventory without 3rd party tests from now on. Sadly that looks like I'll have a pretty empty store since we focus on handmade and smaller boutique labels for kids.
Back to top
Vicki P
Guest





PostPosted: Fri Jan 16, 2009 10:00 am    Post subject: Reply with quote

Shari, do you have vendors that are doing 3rd party now? It sounds like you have some that are? I am curious about because I understand where you are coming from but also from my end, I wonder if others will be doing that soon, the impact.

Jennifer Taggert said to get my Fall tested/shipped with XRF before August so that it will be compliant.
Back to top
Charlotte
Guest





PostPosted: Fri Jan 16, 2009 10:17 am    Post subject: More Retail Woes Reply with quote

I have both a web store and a retail store and I'm sitting on a huge backlog of inventory resulting from of a bad economic year and reduced store hours because I've had two parents in hospice care. I put a notice on every page of my website that folks considering ordering should not delay, because there may not be any inventory available to them after Feb 10. I provided a link to this page on my website that offers an explanation with links to more info and how they can help: http://www.grammies-attic.com/cpsia.html

I'm also sending emails to more than 10,000 customers to alert them to the implications of this law being implemented and letting them know how they can help along with a discount coupon in return for their assistance in fighting this.

I have only received one Certificate of Compliance from a single manufacturer that applies to 2 of my 4000+ products. Several of my smaller manufacturers have told me that there is no way that they can afford the testing and they will probably go out of business. Some of the larger ones are "looking into it" but it will be several months before they will have anything and then it will only be for their new shipments, not for anything I have in my inventory now. Many of my suppliers are small custom crafters who are stunned to hear about this and of course will not be able to provide certificates. Other manufacturers are simply refusing my calls .

My latest dilemma is that a custom order I placed 3 months ago with a manufacturer is ready to be shipped to me. I requested that a Certificate of Compliance accompany the order which of course they do not have. The manufacturer claims that hats are exempt from being tested. I remember reading somewhere in all the CPSA opinions that hats and footwear were not considered wearing apparel, but I believe that's only for phthalate testing and does not apply to lead testing. I have no doubt that these little sailor hats, which are plain white with a navy embroidered anchor, will easily pass the test, but the manufacturer insists that I must provide her with the exact section of the law that specifically requires testing of hats before she will have them tested and then she will double the price. Oh, and it is Chinese New Year so she cannot possibly send them back to China, test them, and get them back to me before Feb 10. Otherwise she is cancelling my order. I don't know how she plans to sell them to anyone else, though. Any suggestions on this one?
Back to top
ShariB
Guest





PostPosted: Fri Jan 16, 2009 12:18 pm    Post subject: Reply with quote

Vicki P wrote:
Shari, do you have vendors that are doing 3rd party now? It sounds like you have some that are? I am curious about because I understand where you are coming from but also from my end, I wonder if others will be doing that soon, the impact.

Jennifer Taggert said to get my Fall tested/shipped with XRF before August so that it will be compliant.


Vicki- I actually have some that say they are doing 3rd party...will wait and see what actually happens I guess. But overall we will sadly be empty. My goal is to find lines that comply and drop ship in the interim (am online only) but this too may be a challenge. The whole thing is a massive challenge, to put it mildly of course.

I was planning on asking Jennifer to do my XRF tests but then looked at my inventory and saw 3 problems:
1. It is not worthwile to test straggler winter inventory when they all have to go on sale anyway now. The added expense will not help so may as well try and clear it out before Feb 10 just by having it on sale and advertised...
2. The non seasonal stuff like toys need pthalate tests too, which as far as I understand an XRF cannot help with...so there again I am stuck with inventory that I cannot sell past Feb 10.
3. The items like baby gifts and accessories could be tested, but the XRF just gives me 6 more months to sell them and then we are back to this same point in August. The likelihood in this economy of selling it all in 6 months is minimal...so sadly I think XRF, which seemed to me a few weeks ago like the greatest idea, may not be viable for us.

In the meantime I am hoping that something happens today...I read on the Congress page that Waxman is talking about CPSIA today?

And Vicki, I sadly think many retailers STILL don't know about this, or know and are not doing anything about it. It doesn't help the cause that's for sure, since those of us trying to comply will lose all our money and potentially go out of business while those not complying thrive (well, as much as one can in this economy).

shari
www.happychickadee.com
Back to top
Kathleen F.
Site Admin
Site Admin


Joined: 08 Sep 2005
Posts: 11090
Location: NM Albuquerque

PostPosted: Fri Jan 16, 2009 1:51 pm    Post subject: Reply with quote

Cross posted:
There are many many reports that EcoBaby.com is telling their buyers that they are not subject to the #CPSIA. Be wary. They're just begging to be sued imo.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
Guest






PostPosted: Fri Jan 16, 2009 3:14 pm    Post subject: Reply with quote

Charlotte, a children's item is defined as an item for use by children 12 and under. A hat for use by children is a children's item.
Back to top
Guest
Guest





PostPosted: Fri Jan 16, 2009 3:42 pm    Post subject: Reply with quote

You have different camps among internet retailers; those who are shutting down, those who will try to test, those who deny the law applies to them, and those who make statements like these:

"Third Party Testing is NOT required as a result of the above noted results until August. You can use our MSDS and Test reports as proof of the testing." http://ribbonandbowsohmy.com/index.php?page=WhatsNew

and

"Second Party Testing is NOT required for products purchased on our site." http://www.theribboncarnival.com/

The second quote is particulary humorous because they mention Second Party Testing.

As a bowmaker, I feel like there is a lot of misleading going on here with our suppliers and think many of their customers will actually take their statements for the truth.
Back to top
mom4life
Guest





PostPosted: Sat Jan 17, 2009 2:25 am    Post subject: my plain as a retailer and a question Reply with quote

First of all, I am so glad to have found this site, the info here is really helpful to me!

Someone asked what retailers are planning on doing:

Tonight my husband and I sat down and created a plan of action from now until Feb 10 to find out which companies that we work wtih have GCC's and which plan to get them by Feb 10. For those that don't plan to be compliant by that date: we will either seek to return their inventory for a refund or ask them to pay for testing via an XRF machine which we will do here with someone local. Those that we drop ship with who do not plan to be compliant by Feb 10 we will deactivate their product for the time being and re-activate once they are able to provide a GCC.

It feels good to finally have an action plan in place for this. If you have any input or suggestions on how to improve the plan or feedback feel free to let me know!

Lastly, do any of you have feedback on this email I got from a company that I work with? They said:
"Only inventory which is a "regulated" item cannot be sold. Our DVD, Medibottle, Walk O Long, and Pacifeeder are not regulated and do not require any certificates to be sold.

Important information about CPSC regulation and certificate of conformity

Re: medibottle

Medibottle is a class 1 medical device. Although we meet and exceed all CFR compliance guidelines for feeding devices (which medibottle is not) and our materials are all FDA compliant and BPA-FREE, the U.S. Consumer Product Safety Commission does not have jurisdiction over any medical devices whatsoever. The following link is to a page on the CPSC site which shows Medical Devices (14th item on the list) exempting this class of product from certificate of conformity. Only "regulated" products that are listed must comply. The list of "regulated" products are found here: http://www.cpsc.gov/businfo/reg.html Feeding items are also not regulated and do not require certificates.

pacifeeder and walkolong (I am speaking with a regulatory attorney to be 100% sure we don't have to have them tested). Feeding devices and items used by parents "for children" are not regulated.

Re: DVD. CPSC has no jurisdiction over any DVDs. It's no different than a movie.
"

Specifically when they talk about the feeding devices and items used by parents "for children" saying they are not regulated. . . that seems inconsistent with what I have read so far, if I am right, can you show me what documentation I can send them to help them out?
Thanks! Heather

www.mom4life.com
Back to top
Tina HD
Guest





PostPosted: Sat Jan 17, 2009 8:15 am    Post subject: Reply with quote

Vicki P wrote:
Shari, do you have vendors that are doing 3rd party now? It sounds like you have some that are? I am curious about because I understand where you are coming from but also from my end, I wonder if others will be doing that soon, the impact.

Jennifer Taggert said to get my Fall tested/shipped with XRF before August so that it will be compliant.


So, does this mean I can sew like a madwoman all summer, xrf my unique styles, create a certificate, add a batch number with a sharpie to my tags, and then sell from inventory after Aug 10? If so, sounds like a plan to me. I'm due with #5 in early Sept anyway, so this would certainly work for me. (assuming the xrf's come back under 300ppm).

Or is it a no go because 3rd party kicks in in Aug, and anything not having a certificate based on 3rd party testing is once again banned?
Back to top
ShariB
Guest





PostPosted: Sat Jan 17, 2009 10:19 am    Post subject: Reply with quote

Tina HD wrote:

So, does this mean I can sew like a madwoman all summer, xrf my unique styles, create a certificate, add a batch number with a sharpie to my tags, and then sell from inventory after Aug 10? If so, sounds like a plan to me. I'm due with #5 in early Sept anyway, so this would certainly work for me. (assuming the xrf's come back under 300ppm).

Or is it a no go because 3rd party kicks in in Aug, and anything not having a certificate based on 3rd party testing is once again banned?


Tina, the way I see it is you can sew your heart out and XRF but only sell it until the August deadline. At that point anything you sell will need 3rd part accredited lab tests.
Back to top
ShariB
Guest





PostPosted: Sat Jan 17, 2009 10:24 am    Post subject: Re: my plain as a retailer and a question Reply with quote

mom4life wrote:
First of all, I am so glad to have found this site, the info here is really helpful to me!

Someone asked what retailers are planning on doing:

Tonight my husband and I sat down and created a plan of action from now until Feb 10 to find out which companies that we work wtih have GCC's and which plan to get them by Feb 10. For those that don't plan to be compliant by that date: we will either seek to return their inventory for a refund or ask them to pay for testing via an XRF machine which we will do here with someone local. Those that we drop ship with who do not plan to be compliant by Feb 10 we will deactivate their product for the time being and re-activate once they are able to provide a GCC.

It feels good to finally have an action plan in place for this. If you have any input or suggestions on how to improve the plan or feedback feel free to let me know!


Heather that's wonderful! Can you please keep us updated how it goes with your requests for your vendors to pay for your XRF? Your plan sounds a lot like mine except I also have asked some of my OOAK vendors that I have quite a bit in stock if they get any custom orders over the next few weeks to entertain the idea of buying the inventory back from me at below their wholesale prices. One vendor is willing so far to do it. My other thing is I've drastically reduced all my prices. The goal is to just get the inventory gone, regardless of any profit. Any dollars we get now helps us buy the new compliant inventory later.

Shari
www.happychickadee.com
Back to top
Guest






PostPosted: Sat Jan 17, 2009 10:24 am    Post subject: Reply with quote

Seems like they have it right on the medical device part see this recent advisory regarding toothbrushes:
http://www.cpsc.gov/library/foia/advisory/319.pdf

It would be interesting to hear more on the products used by parents for children part.
Back to top
Guest






PostPosted: Sat Jan 17, 2009 10:53 am    Post subject: Reply with quote

Anonymous wrote:
Seems like they have it right on the medical device part see this recent advisory regarding toothbrushes:
http://www.cpsc.gov/library/foia/advisory/319.pdf

It would be interesting to hear more on the products used by parents for children part.


Thanks for that link, yes it looks like medical devices are ok then. Well I am glad for that, any product that is "ok" is one less to worry about. I just want to make sure I am doing the homework on my end too. And just to clarify, my understanding is that products intended for use for those above the age of 12 are also exempt so this would seem to mean products such as the following would be "ok":
-nursing bras
-nursing pads
-maternity clothing
-nursing clothing
-nursing pillows
-skin care products (I assume for any age since there shouldn't be a lead problem)
-jewelry intended for mothers (although I have some teething necklaces that I think WOULD likely need a GCC)

I am still a bit unclear about baby hats and shoes because of different things I have heard and read elsewhere so that is something I will be looking into more here unless someone wishes to clarify quickly for me. I also need to dig deeper on the children's clothing as there seems to be a lot of confusion with my vendors on that with recent possible "exemptions". This article http://money.cnn.com/2009/01/14/smallbusiness/toy_law_threatens_small_companies.smb/index.htm?postversion=2009011511 had one such comment that I think leads people to think 100% cotton is ok:
"If a baby blanket is 100% cotton, or you have a set of unfinished wooden blocks, then those items wouldn't necessarily have to be tested," says CPSC spokeswoman Julie Vallese. "There's room under the law for certain exemptions." but I am wondering, if there are zippers, appliqués, screen printing, embellishments etc it seems it would still need testing. Also, if it is part polyester and part cotton I would assume it is not exempt??
Back to top
Guest






PostPosted: Sat Jan 17, 2009 11:00 am    Post subject: Re: my plain as a retailer and a question Reply with quote

ShariB wrote:
mom4life wrote:
First of all, I am so glad to have found this site, the info here is really helpful to me!

Someone asked what retailers are planning on doing:

Tonight my husband and I sat down and created a plan of action from now until Feb 10 to find out which companies that we work wtih have GCC's and which plan to get them by Feb 10. For those that don't plan to be compliant by that date: we will either seek to return their inventory for a refund or ask them to pay for testing via an XRF machine which we will do here with someone local. Those that we drop ship with who do not plan to be compliant by Feb 10 we will deactivate their product for the time being and re-activate once they are able to provide a GCC.

It feels good to finally have an action plan in place for this. If you have any input or suggestions on how to improve the plan or feedback feel free to let me know!


Heather that's wonderful! Can you please keep us updated how it goes with your requests for your vendors to pay for your XRF? Your plan sounds a lot like mine except I also have asked some of my OOAK vendors that I have quite a bit in stock if they get any custom orders over the next few weeks to entertain the idea of buying the inventory back from me at below their wholesale prices. One vendor is willing so far to do it. My other thing is I've drastically reduced all my prices. The goal is to just get the inventory gone, regardless of any profit. Any dollars we get now helps us buy the new compliant inventory later.

Shari
www.happychickadee.com


Yes I will be happy to keep you posted. I have thought about and may try discounting items that are not going to have GCC's but time is getting tight. According to my plan I hope to have thie info on which product this applies to by the 23rd. I can run a sale and clear our quite a bit by the 10th I would think if it is a deeply discounted sale but it is a bummer to me to have to pay my employees to process orders with little or no profit (then I am losing money). But if I ask my vendors to take them back I realize they will likely lose money too Sad. If I figure that I can sell out of the inventory by Aug. then getting it tested here by the XRF machine might be a good option because I won't have to discount it as much to sell it over the next several months. . . I think it will be really interesting to see exactly how many items on my site this will affect once we start getting feedback from our vendors.
Back to top
Guest






PostPosted: Sat Jan 17, 2009 11:13 am    Post subject: Reply with quote

I need to dig deeper on the children's clothing as there seems to be a lot of confusion with my vendors on that with recent possible "exemptions". This article http://money.cnn.com/2009/01/14/smallbusiness/toy_law_threatens_small_companies.smb/index.htm?postversion=2009011511 had one such comment that I think leads people to think 100% cotton is ok:
"If a baby blanket is 100% cotton, or you have a set of unfinished wooden blocks, then those items wouldn't necessarily have to be tested," says CPSC spokeswoman Julie Vallese. "There's room under the law for certain exemptions." but I am wondering, if there are zippers, appliqués, screen printing, embellishments etc it seems it would still need testing. Also, if it is part polyester and part cotton I would assume it is not exempt??[/quote]

Ok I found this: Scroll down about halfway http://www.cpsc.gov/library/foia/foia09/brief/leadlimits.pdf which I feel confirms what I was thinking, children's clothing such as what I sell are very likely NOT exempt.
Back to top
Display posts from previous:   
Post new topic   Reply to topic    Fashion-Incubator User Forum Forum Index -> CPSIA & Consumer Safety All times are GMT - 6 Hours
Goto page Previous  1, 2, 3, 4, 5, 6  Next
Page 5 of 6

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


Powered by phpBB © 2001, 2005 phpBB Group