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Can someone explain why ebay, etsy arent enforcing cpsia?

 
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mollyodesigns
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PostPosted: Fri Feb 13, 2009 1:50 pm    Post subject: Can someone explain why ebay, etsy arent enforcing cpsia? Reply with quote

Why you can surf ebay and find 100's of listings for things like children's swarovski crystal bling tshirts?! I don't know about anyone else, but it is very frustrating to have closed down my business at 12:01 February 10th, only to see all these people making money off of items that I thought were "illegal".

Why isn't ebay, etsy, etc. enforcing this law? Or is it not their job?

I also have 2 baby boutiques within walking distance of my house who literally laughed when I asked them on Tuesday if they had received their testing certificates from all their suppliers. They just acted like I was some crazy person off the street.

Can someone explain to me why people get to continue to make money while I'm left sitting here in debt?
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senecahart
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PostPosted: Fri Feb 13, 2009 3:40 pm    Post subject: Reply with quote

I just put in "bling tee" in the eBay search engine and I saw very few of these (although I did see a bling tee for a ferret- never seen that before!). Maybe you are just searching a different way (its been a LONG time, since left the world of eBay children's clothes, lol).
Since I believe the stay of testing is still in place, these sellers can still sell their stuff. Do all crystals have lead in them, are there any lead free ones? (I really don't know). I know that the Swarovski ones do.
With the stay and the guidelines, its only "illegal" right now IF it violates the lead limits, so I don't see how eBay or Etsy could pull auctions unless they knew the item violated the law. Generally though, with eBay at least, someone's got to report an auction, then it will get reviewed and possibly yanked- so it just make take some time, if in fact all of these tee shirt crystals do contain lead above the new limits.

As far as local boutiques, they have a ton MORE liability it would seem, and many of them are either still clueless, or are ignoring it. I actually attended a ribbon cutting on Feb. 10th (ironic, yes?) of a boutique that's carrying our handbag line and she also looked at me like I was crazy person when I mentioned the CPSIA.

As far as our company, children's products only made up a small percentage of our inventory, so we did just stop selling all of it while everything gets sorted out.

Did you consider renting an XRF gun to test your inventory?
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PostPosted: Fri Feb 13, 2009 3:52 pm    Post subject: Reply with quote

senecahart wrote:
I just put in "bling tee" in the eBay search engine and I saw very few of these (although I did see a bling tee for a ferret- never seen that before!). Maybe you are just searching a different way (its been a LONG time, since left the world of eBay children's clothes, lol).
Since I believe the stay of testing is still in place, these sellers can still sell their stuff. Do all crystals have lead in them, are there any lead free ones? (I really don't know). I know that the Swarovski ones do.
With the stay and the guidelines, its only "illegal" right now IF it violates the lead limits, so I don't see how eBay or Etsy could pull auctions unless they knew the item violated the law. Generally though, with eBay at least, someone's got to report an auction, then it will get reviewed and possibly yanked- so it just make take some time, if in fact all of these tee shirt crystals do contain lead above the new limits.

As far as local boutiques, they have a ton MORE liability it would seem, and many of them are either still clueless, or are ignoring it. I actually attended a ribbon cutting on Feb. 10th (ironic, yes?) of a boutique that's carrying our handbag line and she also looked at me like I was crazy person when I mentioned the CPSIA.

As far as our company, children's products only made up a small percentage of our inventory, so we did just stop selling all of it while everything gets sorted out.

Did you consider renting an XRF gun to test your inventory?


I thought that the Stay was not in effect until possibly mid?end of march? Perhaps I am wrong. I thought there was a 30 day period for public opinion and then it has to actually be implemented. If someone could clear that up I would appreciate it.

I did consider having Jennifer test my inventory, but truly it just wasn't worth it. I knew I was going to head in a new directions so I thought I was better off selling what I could and just moving on. I may still have her test 2 of my dresses that I have a large quantity of so that I can continue to sell them off. We will see.
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happymom4
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PostPosted: Sat Feb 14, 2009 1:09 am    Post subject: Reply with quote

News hasn't reached every where is all I can figure. Our local thrift store is doing business as usual (including all the good old books, thank God!!! I'm buying every time I can get there this week before they disappear forever!)

I can only hope and pray that some places can last so more kids clothing and books can be rescued.
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Lisa DOWNTOWN JOEY
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PostPosted: Sat Feb 14, 2009 6:29 am    Post subject: Reply with quote

Molly...

I agree. It seems ebay sellers didn't get the memo (although I've posted at length about it). What I thought was even wilder was seeing all the little girls' pageant wear on ebay. Take about a lead limit! Thousands of Swarvorski crystals on each dress!

It is really upsetting to sit by and watch it all. But until ebay and etsy actually do something about it (perhaps make an example of someone), it will continue.

I just think it is all temporary. Change is coming...ebay/etsy won't want the liability. And then there will be those from Public Citizen and PIRG who will turn the auctions in. I think we'll just have to sit back and watch.

Hang in there!
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Judy B
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PostPosted: Sat Feb 14, 2009 9:46 am    Post subject: Reply with quote

I have put skating dresses on ebay in the past. I was going to start again. My plans were to put the child's size dresses on without rhinestones. The adult sizes I was going to put rhinestones on. I was going to include a note about CPSIA.
I had also notice that nothing had been put on ebay about it. There is a website that sells rhinestones and he has a lot about CPSIA on it. That is the only place I have seen anything about it. I was surprised since rhinestones do have lead in them.
Judy
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Valerie Burner
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PostPosted: Sat Feb 14, 2009 9:53 am    Post subject: Reply with quote

Mollyo, Could it be that you are a conscientious, law-abiding citizen trying to do the "right thing"?

It's hard to understand how you can close your doors to comply with a law, while others go on and don't blink an eye.

If CPSC is serious, they won't be there much longer...
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Darby
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PostPosted: Sat Feb 14, 2009 12:12 pm    Post subject: Reply with quote

Virtually all my DD's leo's have rhinestones on them.... and she has probably a good dozen of them. I, too, have sold her old leo's on ebay... now, I don't know. BTW, I emailed the leo company where she gets all her leo's and asked if the cpsia would impact pricing. The response, they were not aware of any impact it would have. I'm wondering if they are even fully aware of the law itself.
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Kathleen F.
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Joined: 08 Sep 2005
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PostPosted: Sat Feb 14, 2009 2:11 pm    Post subject: Reply with quote

Lisa DOWNTOWN JOEY wrote:
I just think it is all temporary. Change is coming...ebay/etsy won't want the liability. And then there will be those from Public Citizen and PIRG who will turn the auctions in. I think we'll just have to sit back and watch.

The thing that has surprised me is the seeming level of antagonism that special interest groups have leveled against smaller manufacturers. There was an article last week that included a quote from a CPSC spokesperson who said they would be following ebay and etsy closely. I'm sure it'll be a matter of them budgeting to buy products, testing them and then lowering the boom on ebay and etsy. You all know I'm no fan of people who play fast and loose with rules, much less laws -no matter how much I dislike them- so I'm at a loss to understand how really large entities, or at least entities with a lot of exposure to liability can overlook these problems so easily. All I can say is it's a good thing I don't run ebay or etsy.

Enforcement mechanisms are all over the map. Did you see last week that Fed Ex announced they will not be process packages from offshore without GCCs? And yet you have businesses like ebay and etsy who ignore their much more direct liability. Oh well, I suppose they're well insured. They need to be.
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Judy B
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PostPosted: Sat Feb 14, 2009 2:49 pm    Post subject: Reply with quote

[/quote]Virtually all my DD's leo's have rhinestones on them.... and she has probably a good dozen of them. I, too, have sold her old leo's on ebay... now, I don't know. BTW, I emailed the leo company where she gets all her leo's and asked if the cpsia would impact pricing. The response, they were not aware of any impact it would have. I'm wondering if they are even fully aware of the law itself.

One of the dance studios I work for I gave them the link (for the company that sells rhinestones) that mentions CPSIA. This company is the only place I have seen anything about CPSIA. The company that I order rhinestones wholesale did not have anything about it. For a few of the dance studios I work for I make their costumes and they will decorate them.
Judy
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Esther
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PostPosted: Sun Feb 15, 2009 4:27 pm    Post subject: Reply with quote

Ebay has a close relationship with the CPSC because of past problems of previously recalled items being sold. A friend told me the other day that she read a pop-up window on the CPSIA when she bid on some barbie stuff. Really it is only a matter of time. Ebay has had loads of trouble with people selling a certain off brand of stained glass lamps in the style of a higher brand. While Ebay is the middleman, the higher brand wanted Ebay to do brand enforcement. It really is ridiculous but Ebay caved.

Etsy claims to be merely a middleman too, but I think they better watch out. They are in the same position as Ebay. So while they may try to absolve liability, they can still be held liable for all kinds of things. Or at least some groups/people will hold them liable anyway.

It's not fair or right, but that is the way it is. And how easy it would be to browse the listings at either site and fine sellers. I can't think of an easier target for the CPSC.
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mollyodesigns
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PostPosted: Tue Feb 17, 2009 8:50 pm    Post subject: Reply with quote

Thanks for the input everyone. I've decided not to even look any more. It is just too upsetting. And the nice person in me just can't turn them in as much as I want to. I've had to leave several message boards because the overall feeling is, "let them try and catch us." And so the listings are booming.

Oh well, at least I can sleep at night knowing I'm not doing anything wrong and that no one will come knocking on my door.
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Tracy D
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PostPosted: Thu Feb 19, 2009 12:10 am    Post subject: Reply with quote

They can monitor things. For quite awhile they had an issue of some-sort with people selling teacher editions of books....including homeschoolers...this was a big issue, they ended up loosing alot of business over this, but for probably 6-9 months they monitored and canceled each and every auction that broke just that rule.
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