Massive new toy re-sale law beginning Feb 10 UPDATED

Super_Megatron · 01-07-2009, 03:55 PM

New law restricts re-sale of kid's products | News for Austin, Texas | KVUE.com | Top Stories

UPDATED STORY:
Some clarifications have been made.
Update To Toy Resales Ban

Runamuck · 01-07-2009, 04:01 PM

So...no more going to ebay for toys? More specifically, older toys? Please don't tell me that's what that means.

Flint · 01-07-2009, 04:26 PM

That's going to hurt alot of people for sure. Sad day really, especially for the collectors.

Da_Last_2_Walk · 01-07-2009, 04:37 PM

I'm glad I collect MISB/MOSC!

Lody666 · 01-07-2009, 04:42 PM

What the hell is this going to do to Ebay??????

AdrienVeidt · 01-07-2009, 04:50 PM

No mention of what the law is actually called/codified as? That's some good journalisating there, Lou.

All that would have to be done to get around this would be to put a sticker on said items specifying the product is intended for the use of those 13+. Maybe we'll start to get carded when we buy Joe figs at Target, now.

Superquad7 · 01-07-2009, 05:11 PM

Well while I understand the motivation of this, I have to say that this is just excessive.

Shin Densetsu · 01-07-2009, 05:42 PM

I read over at TFW2005 that this law only applies to toys that were recalled in the past, for example if you have one of those CARS toys that were recalled because of lead paint, you can't resell it.

Fred21 · 01-07-2009, 05:48 PM

Quote:

Originally Posted by Shin Densetsu

I read over at TFW2005 that this law only applies to toys that were recalled in the past, for example if you have one of those CARS toys that were recalled because of lead paint, you can't resell it.

God I hope so because that is not only ridiculous, but WTF are they thinking?!?!? As it was said, stop letting these huge business go to China and we won't have any problems.

How am I supposed to complete my Super Powers figure collection now!!!!!!

Shin Densetsu · 01-07-2009, 05:53 PM

Quote:

As it was said, stop letting these huge business go to China and we won't have any problems.

If the companies did that, are you prepared to pay much higher prices if the toys are instead procued here?

DESTRO · 01-07-2009, 05:58 PM

Completely Unenforceable............

deceptifocus · 01-07-2009, 07:16 PM

if it were true to the letter though, Ebay is pretty bad about enforcing the lamest of rules/laws

Autobot_Goldbug · 01-07-2009, 07:18 PM

Quote:

Originally Posted by Shin Densetsu

If the companies did that, are you prepared to pay much higher prices if the toys are instead procued here?

I believe Takara-Tomy is moving its production to Malaysia... or was it Thailand? Well somewhere in southeast Asia.

VMF115 · 01-07-2009, 07:39 PM

I started a thread a few weeks back on the SSMHQ on this crappy subject and law.......One thing I did contact some people about this law and there might be a loop hole...as long as the items are being sold to adult collectors on ebay with some sort of disclaimer....

Its not just toys that had lead paint issues but all toys in general for resale to children under the age of 12.

So our classic toys now become adult toys............

fosterlager · 01-07-2009, 09:37 PM

Until I hear more info about this action, I'm VERY glad I already have nearly all of the vintage toys I've ever wanted.

Optimus Scourge · 01-07-2009, 10:01 PM

Quote:

Originally Posted by VMF115

I started a thread a few weeks back on the SSMHQ on this crappy subject and law.......One thing I did contact some people about this law and there might be a loop hole...as long as the items are being sold to adult collectors on ebay with some sort of disclaimer....

Its not just toys that had lead paint issues but all toys in general for resale to children under the age of 12.

*Lots of links*

So our classic toys now become adult toys............

Unbelieveable.

I can see no problem on ebay, just put in an adult collectible section on ebay, that happens to sell us Adults our "kids" toys

This is going to affect people who make anything actually for kids, like, oh, say, Hasbro, as they need to pay for inspection, that means a cost increase inevitably.

Do not approve.

Jarodimus · 01-07-2009, 10:22 PM

Hrm. The CPSC's website isn't clear to me whether date of manufacture matters:

This makes it seem like any children's product is fair game after 2/10/09:
Consumer Product Safety Improvement Act (CPSIA) Summary - Section 101. Children’s Products Containing Lead; Lead Paint Rule

Quote:

Lead Content Limits

The limits on the amount of lead in children’s products are phased in over the course of three years. By February 10, 2009, products designed or intended primarily for children 12 and younger may not contain more than 600 ppm of lead. Children’s products that contain more lead than 600 ppm are banned in the U.S. after February 10, 2009, and the sale of those products can result in significant civil and criminal liability. The statute provides that paint, coatings or electroplating may not be considered a barrier that would make the lead content of a product inaccessible to a child. After 1 year from enactment, or August 14, 2009, products designed or intended primarily for children 12 and younger cannot contain more than 300 ppm of lead. The limit goes down to 100 ppm after three years, or August 14, 2011, unless the Commission determines that it is not technologically feasible to have this lower limit.

But this says only products made after the dates in question need to have the certification to be sold:
Consumer Product Safety Improvement Act (CPSIA), FAQs For Section 101: Children’s Products Containing Lead; lead paint rule FAQs

Quote:

600 ppm – children’s products may not contain more than 600 ppm of lead
- February 10, 2009 (general conformity certification required for products manufactured after that date)

300 ppm - children’s products may not contain more than 300 ppm of lead
- August 14, 2009 (third party testing and certification required for products manufactured after that date)

Autobot_Goldbug · 01-07-2009, 11:43 PM

eBay already had this at the bottom of any toy listing for a while now...

Quote:

Dear Seller

Please note that the U.S. Product Safety Commission periodically issues toy recalls. Please review the CPSC website for specific details on all recalls issued and do not list items that are a part of any recall.

Optimus Scourge · 01-08-2009, 12:37 AM

Quote:

Originally Posted by Autobot_Goldbug

eBay already had this at the bottom of any toy listing for a while now...

This is new. the one on ebay is for recalled items, the law is ANY child's items, even clothes I know a place in town that is all nice quality used childrens' clothes will likey shut down if used items can't be sold at all?

AdrienVeidt · 01-08-2009, 04:48 AM

Quote:

Originally Posted by Autobot_Goldbug

I believe Takara-Tomy is moving its production to Malaysia... or was it Thailand? Well somewhere in southeast Asia.

They also closed down their USA Offices. Moving production out of China was most likely due simply to the rising standard of living in China and its inherent rising cost of labor.

SPLIT LIP · 01-08-2009, 07:28 AM

Quote:

Originally Posted by Shin Densetsu

I read over at TFW2005 that this law only applies to toys that were recalled in the past, for example if you have one of those CARS toys that were recalled because of lead paint, you can't resell it.

Bolded, enlarged, underlined and redded for fucking truth. Damn, somebody needs to edit the news title as that is just a flat out incorrect statement. Now there's going to be yet another unecessary shitstorm over here, too. My goodness.

Mullexwing · 01-08-2009, 09:11 AM

The media and government can't quite put their finger on why the economy is failing, and then they pass another piece of legislation like this that causes thousands of Americans to close up shop and hit the unemployment lines. Thanks Barrack Obama for placing your yes vote on this one.

trebleshot · 01-08-2009, 09:17 AM

Quote:

Originally Posted by SPLIT LIP

Bolded, enlarged, underlined and redded for fucking truth. Damn, somebody needs to edit the news title as that is just a flat out incorrect statement. Now there's going to be yet another unecessary shitstorm over here, too. My goodness.

Based on the language of the law that I read here:
http://cpsc.gov/about/cpsia/summaries/101brief.html

and this supplemental letter regarding retroactive application of the new law, I didn't see anything that explicitly stated it only applied to items that have been recalled due to excessive amounts of lead. Even the FAQ on their site does not state it applies only to recalled items.

From what I understand of the law, in general it applies to all products designed and manufactured with the intention that they are to be used by children 12 and under. However, since there is nothing explicitly stated regarding whether this can/will be applied retroactively, it is ambiguous at best.

Regardless, I think that the retroactive application of this law is, as Destro put it, "completely unenforceable." This expansion of the 1988 law as a whole seems to be a typical knee-jerk political overreaction to the lead paint recalls from last year and the subsequent ebay nonsense that followed.

GogDog · 01-08-2009, 10:08 AM

Quote:

Originally Posted by trebleshot

Based on the language of the law that I read here:
http://cpsc.gov/about/cpsia/summaries/101brief.html

and this supplemental letter regarding retroactive application of the new law, I didn't see anything that explicitly stated it only applied to items that have been recalled due to excessive amounts of lead. Even the FAQ on their site does not state it applies only to recalled items.

From what I understand of the law, in general it applies to all products designed and manufactured with the intention that they are to be used by children 12 and under. However, since there is nothing explicitly stated regarding whether this can/will be applied retroactively, it is ambiguous at best.

Regardless, I think that the retroactive application of this law is, as Destro put it, "completely unenforceable." This expansion of the 1988 law as a whole seems to be a typical knee-jerk political overreaction to the lead paint recalls from last year and the subsequent ebay nonsense that followed.

Yes, but it specifically states in both of those links that it will only apply to items that contain 600 ppm of lead, which is the effective new standard of "hazardous" levels. So anyone that thinks that all toys ever can never be resold are mistaken.

trebleshot · 01-08-2009, 11:01 AM

Quote:

Originally Posted by GogDog

Yes, but it specifically states in both of those links that it will only apply to items that contain 600 ppm of lead, which is the effective new standard of "hazardous" levels. So anyone that thinks that all toys ever can never be resold are mistaken.

I agree, it won't be the end of the secondary toy market.

But the only way to know if a toy does violate the standard, is to have it tested. This is why I think the "retroactive" aspect of the law, real or implied, will be virtually impossible to enforce.

Although it does make me want to test my 2-year-old's clothing for lead. o.O

01-07-2009, 03:55 PM	#1
Super_Megatron Twitter: @Super_Megatron Join Date: Oct 2008 Location: I'm from the Internet Posts: 1,292	New law restricts re-sale of kid's products \| News for Austin, Texas \| KVUE.com \| Top Stories UPDATED STORY: Some clarifications have been made. Update To Toy Resales Ban __________________ [CENTER] [URL="http://www.ontariocollectorscon.com"] Last edited by Joe Moore; 01-08-2009 at 12:55 PM..

01-07-2009, 04:01 PM	#2
Runamuck Collects things Join Date: Oct 2008 Location: Texas Posts: 846	So...no more going to ebay for toys? More specifically, older toys? Please don't tell me that's what that means. __________________

01-07-2009, 04:26 PM	#3
Flint Turd Ferguson Join Date: Oct 2008 Location: The Pit, Staten Island, NY Posts: 799	That's going to hurt alot of people for sure. Sad day really, especially for the collectors. __________________ Help a brotha out.. buy my stuff

01-07-2009, 04:37 PM	#4
Da_Last_2_Walk Da King Of Pre Rubs Join Date: Oct 2008 Location: Da Liquor Store Posts: 1,853	I'm glad I collect MISB/MOSC! __________________

01-07-2009, 05:58 PM	#11
DESTRO Administrator Join Date: Oct 2008 Posts: 2,644	Completely Unenforceable............ __________________

01-07-2009, 07:39 PM	#14
VMF115 spastic for plastic Join Date: Dec 2008 Location: clear lake SD Posts: 60	I started a thread a few weeks back on the SSMHQ on this crappy subject and law.......One thing I did contact some people about this law and there might be a loop hole...as long as the items are being sold to adult collectors on ebay with some sort of disclaimer.... Its not just toys that had lead paint issues but all toys in general for resale to children under the age of 12. So our classic toys now become adult toys............ CPSIA - Google News CPSIA and tracking label requirements Fashion Incubator Blog Archive CPSIA and tracking label requirements CPSIA: How to move forward, coping with crisis Fashion Incubator Blog Archive CPSIA: How to move forward, coping with crisis Good News! CPSIA request for comments Fashion Incubator Blog Archive Good News! CPSIA request for comments CPSIA & CPSC: Activism and what you can do Fashion Incubator Blog Archive CPSIA & CPSC: Activism and what you can do CPSIA Survey: The costs of a recall Fashion Incubator Blog Archive CPSIA Survey: The costs of a recall CPSIA and Small Manufacturers Fashion Incubator Blog Archive CPSIA and Small Manufacturers Fashion Incubator Blog Archive CPSIA: Losing credibility CPSIA: Losing credibility CPSIA: Confusion run amok Fashion Incubator Blog Archive CPSIA: Confusion run amok Thrifty parents, say 'bye-bye' to bargains thanks to CPSIA - WalletPop Blog MyFox Colorado \| New Law No Fun For Toy Makers Last edited by VMF115; 01-07-2009 at 07:42 PM..

Massive new toy re-sale law beginning Feb 10 *UPDATED*

Massive new toy re-sale law beginning Feb 10 UPDATED