Children's Clothing and the New Child Safety Law

How Consumer Product Safety Improvement Act Affects Kids’ Clothes

Jan 7, 2009 Kari Lomanno

When the CPSIA goes into effect Feb. 10, parents who buy their children's clothes at thrift stores and consignment shops may have to look elsewhere.

It was a law designed to protect children, but it has become a law that could put certain retailers out of business. On Feb. 10, the Consumer Product Safety Improvement Act, which requires all products for children age 12 and under to be tested for lead and phthalates, goes into effect. With it comes a great deal of controversy and confusion.

What the CPSIA Means for Used Children’s Clothes

Because the law includes all children’s products, retailers that sell used children’s clothing will have to pay to test their products for lead and phthalates. That means thrift stores and consignment shops that rely on sales of kids’ clothes will have to either stop selling used children’s clothes or close their doors for good.

According to the Center for Environmental Health in Oakland, Calif., buttons, charms and appliqués on clothing can contain lead. But retailers say the threat is not worth throwing away truckloads of used children’s clothes next month when the law takes effect.

Used clothing retailers were hoping for an exemption from the Consumer Product Safety Commission, but the agency’s action this week was not broad enough to prevent clothes made from manmade materials from remaining under the testing umbrella.

New Exemptions to the CPSIA

On Tuesday, Jan. 6, the Consumer Product Safety Commission gave preliminary approval to exempt the following products from lead and phthalate testing:

• Items with lead parts that a child cannot access
• Clothing, toys, and other goods made of natural materials such as cotton and wood
• Electronics that are impossible to make without lead

This means that clothes made from cotton-polyester blends or other manmade materials will still have to be tested. The rules will not get final approval until after Feb. 10, so many retailers will be left wondering whether they are allowed to sell used children’s clothes or not.

The public can submit comments and questions on the new legislation at the Consumer Product Safety Commission Web site.

What the New Law Means for Families

Families who depend on used children’s clothes for their families’ wardrobes might have a hard time finding them after Feb. 10. In addition, families who expect to make a small income by selling their unwanted children’s clothes might not have that option anymore.

The Consumer Product Safety Commission is still exploring its options when it comes to the new law. The agency is aware of the potential effects on retailers, and it has until Feb. 10 to decide how to interpret and enforce it.

Resources used for this article:

Semuels, Alana. “New safety rules for children’s clothes have stores in a fit.” Los Angeles Times January 2, 2009.

Semuels, Alana. “Regulators rethink rules on testing children’s clothing and toys for lead.” Los Angeles Times January 7, 2009.

The copyright of the article Children's Clothing and the New Child Safety Law in Kids Products is owned by Kari Lomanno. Permission to republish Children's Clothing and the New Child Safety Law in print or online must be granted by the author in writing.

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Jan 7, 2009 3:31 PM

Guest :

I own a children's consignment shop in Syracuse, New York and I'm really annoyed by this law. It effects my business and millions just like me around the country. This is a Federal law and effects all 50 states (not just New York). If the law is enforced after February 10, 2009, it means that any store who sells gently used childrens items, including clothes, toys, books, etc., will be banned from selling these items. This was a good bill that went horribly wrong. It didn't take into consideration the whirlwind effect it would have on millions of small businesses and consumers in the USA. This law would completely cripple my children's consignment shop and would hurt all of the people who depend on us for saving 75% off retail prices. We need to write letters to our state representatives and protest this law. I agree that items from China are a problem but this law is far too confusing and unclear. It's basically saying everything from China is bad from the beginning of time and no children's items can be sold secondary market. If that's the case, so long Ebay businesses too. And, how about making some of this stuff right here in America. God knows we could use the jobs. It seems our government constantly punishes the American public for their mistakes on imports and foreign country safety guidelines. It's time we stopped taking the blame and make our representatives accountable. Maybe they should take a 20% cut in pay. How about that for settling the budget? Sorry, but I worked hard to open my business and make it what it is today. If I lose it, I won't go down without a fight and you shouldn't either.

Jan 7, 2009 7:00 PM

Guest :

Hi there, I also have a children's consignment shop in Central Square, NY. About 30 minutes away from the previous post. I have only been open for 6 months now, but the thought of closing because of this ridiculous law makes me think just how crazy our government is getting. Anyone out there who owns a consignment shop, anyone out there who shops at one, please, please, write to your congressmen and congress women. Write them letters explaining the enormous inpact that this ridiculous law will have on the entire thrift store and consignment shop market from New York state to California.......All small businesses...We all need to work together to keep these businesses running. I will be forced to declare bankrupcy if I have to close my doors. I have a feeling that I would not be the only one.

Jan 7, 2009 10:06 PM

Guest :

I recently started shopping at a kids consignment store and LOVE the prices that I would have normally paid 20.00 an outfit for each child, mind you I have twins so it gets expensive. I wouldn't even know what to do if they were to close. Basically this would force people to go back to stores like Babies R Us or Macys,JC Penney, etc and spend money they dont really have on these clothes that would probably only be worn once or twice. I think it's a racket! I don't understand why they are doing this to the smaller stores that sell used clothing. What is the difference with the bigger department stores? I mean the economy is bad enough, now they are going to take away what most people depend on. It is ridiculous because everyone passes clothing on to someone else who needs it. I just like these places because I actually save money on things I would have paid a lot more for. I was a big person of buying nice things at a high price for my girls and when someone told me about this second hand store I tried it out and have been there every week for 6 months. Now I read this on craigslist and was verrrry diappointed!! WOW

Jan 7, 2009 10:26 PM

Guest :

This is an unfair law and stupid at that. do understand the stuff made in China but come on, this is too much. I have 4 sons and do depend on used clothing.

Mary in Camden, MI

Jan 7, 2009 10:49 PM

Guest :

I do not own a business.
I do not own a home.
I do not have a job.
I AM struggling as a single mom and thrift stores are a blessing, especially in these times... and now this!

I am being forced to buy NEW clothing when I cannot afford it. Has the government really thought into this? will they issue vouchers for the public to offset the difference?? ( guess some can wish).

This law was not thought out well, it only shows that somebody will be profiting from this law and making others struggle even more.

Jan 7, 2009 11:23 PM

Guest :

We are dividing our country even further by passing this law. The millions and millions of families who depend on second-hand store for clothes for their children are being kicked while all ready down. While the commission was making this decision, their wives were shopping for kid clothes at Dillards, I'm sure. Well I cannot afford to shop at Dillards. I depend on Goodwill, ARC Thrift Store, Salvation Army for children clothes. Government has no right to take the "Good" out of Goodwill!!!

Jan 8, 2009 5:57 AM

Guest :

I also own a children's consignment shop-about 30 minutes north of Syracuse actually. I have only been in business for 6 months but will have to file for bankrupcy if this law is passed. There will be such a devastating ripple effect that will severly impact the lives of not only the small business owners and consignment/thrift stores, but the people who save money by shopping at them. The economy is the worst it has been in a decade, and now the CPSC wants to make it harder on everyone. Someone with common sense needs to be changing the way this law is worded. If congress had people with common sense, we wouldn't be in the situation we are in. Wake up and smell the coffee. Everyone needs to stand up and take an active role in this. Write to your legislature and senators. I have.

Jan 8, 2009 6:11 AM

Guest :

This is the most ridiculous thing I have ever heard. With the economy the way it is now, you have to be able to cut costs somewhere. Most of these clothes are only worn a few times. Why spend $20 on an outfit if they are only going to wear it a couple times. I received a lot of clothes when I was pregnant and I can’t tell you how much I appreciated it. There are way too many other things to worry about. Let the parents worry about what they are putting on their kids.

Jan 8, 2009 6:24 AM

Guest :

Can someone please help me understand this legislation. I have read the law through several times, and I don't see how this will affect used clothing. Section one does set limits on allowable lead content in children's items (which would include clothes), but it does not state a requirement for the retailer to certify the items as such. In section 102 where it does itemize the testing and certification methods, it clearly stated that it only applies to items manufactured AFTER the law goes into affect. That leads me to believe that it would be up to the consumer to test a product and file a complaint in order for the issue to be prosecuted with regards to items manufactured prior to Feb. 10th. What am I missing here?

Jan 8, 2009 9:05 AM

Guest :

I understand trying to keep the lead out of clothing, but I think this goes too far. With that said I am not worried about my sources of used childrens clothing (family,friends)b/c they know that my family will still need their clothing. This law will not effect those "hand me downs" for all moms who are concerned it will just effect you buying those at used clothing stores. There is still craigslist, freecycle, your family, neighbors, friends and garage sells all unregulated and always will be because government is not involved in them. They are just people helping people which is the best way. Hope this brings peace to some of the moms freaking out out there.

Jan 8, 2009 9:25 AM

Guest :

I am a mother of three with a forth child expected in July. Like many families in Michigan, my husband and I are currently unemployed. I rely on the availability of clothing & toys provided at thrift stores and mom-to-mom sales. I also have sold items on Ebay and Craig's List to generate monies to purchase items for my children.

We are all living in the same country, which is experiencing a recession. Or is it a depression now? Analysts state our recovery is not coming any time soon, and it's suppose to get worse before we can expect any turnaround.

I would like to thank our politicians for keeping the interest of the people of the United States in mind as they force more small businesses and charitable organizations out of business. Perhaps parents of the country should petition Congress as the banks and automakers have.

It's truly unfortunate that law makers and businesses couldn't foresee the occurrence of lead-contaminated products occurring when manufacturers outsourced everything to China.

None of us want to have our children exposed to lead, and we are concerned for the safety of our children. For this reason, we check the product recall listings. But now there's an issue with clothing? How much exposure to lead could be present in that poly dress my daughter wore at Christmas time? I would like to know.

God Bless Us All!

Jan 8, 2009 12:29 PM

Guest :

It's not just about testing for lead, but other chemicals as well. As a crochet artist, I will have to stop crocheting garments for children as well, because even though the fibers I buy are already tested for the US market, I will be responsible to re-test each and every garment again. This is far greater for me than a large industry, because my goods are not replicatable. I do not use the same materials to make identical items, so there's no category testing available to me. It will affect our charities for making garments for kids with cancer, hospitals for preemies, etc.. This law was blindly passed without consideration for a lot of details. We keep waiting for some revamping that will not put all of us out of business (and pretty much all of Etsy is holding its breath) or require ridiculous testing for items that should already pass, but haven't heard of it yet. Industries big and small will close over this and it will mean jobs. And if you lose your job, don't think you can sew or make things for families to suppliment your income.

Jan 8, 2009 12:41 PM

Guest :

I am left w/ my jaw dropping... what are they thinking? Would they rather we dump all these items in a land fill? What about Goodwill and such. And come this summer w/ all the garage sales? I just don't get it and actually made my husbabnd read it to make sure I wasn't crazy (like our gov't). Is there an on line petition anywher? It is MY decision where MY kids get their clothes, unless the gov't is going to fork over a clothing allowance, they need to worry about bigger issues!

Jan 8, 2009 5:11 PM

Guest :

How is this information being distributed? I live in a very small town with a hospital thrift store, and another that is run by the animal shelter. How are they being informed about it. There are 3 more in neighboring towns that are also very small.

Jan 8, 2009 10:57 PM

Guest :

Does this mean that our poverty stricken are going to suffer more than they already are?I mean,COME ON!We have poor/needy families/children everywhere,who depend on GoodWill,Salvation Army(even though their costs are rather unacceptable),and then theres our neighborhood churches with clothing closets for the needy.For people who needs new coats,warm winter clothing,etc.So now the government wants to make our poverty rate to increase even more,to drain our charitable organizations more also? How?1st,when our low income families are forced to go pay retail value for clothing & etc.,thats going to drain them financially.How are they to budget when they have to go pay $14.99 a shirt,etc.,when they used to get a shirt for $4.00 at a resale shop or free at a local clothing closet?Even for families that have been staying afloat,they too are going to suffer.My aunt is a attorney.She still budgets,shops at low costs shops, such as resale stores.Shed rather put the kids through college and have a savings for their future here in Michigan.Theres another problem.I live in Michigan.Our economy is very bad off.We are near a sinking ship here.This law for our Michiganders who work in the resale shops and etc.,what are they going to do?This law could cripple many Michiganders,including the people who live in poverty here.Theres barely any jobs out here in Michigan,homes are being foreclosed galore,and now these people who did have at least a job/job security are going to have to shut down?People are selling these things also on the internet just to stay afloat at times too.I myself,had to sell some of my kids items they outgrew to pay a debt I had.This is one of my means of debt relief here also.Including my trips to a local clothing closet those 2 times a year,when we struggle the most.This is hurting variable people.The needy,the hard working,charities,even the average american people who stay afloat on a budget.Do not tell me that none of these government people hasnt placed a bid on ebay before.Ill bet someone in there has before.Ebay is for the wealthy and for the poor.Well,Michiganders has more problems on their hands now.It is sad enough that people all over the U.S are going to suffer,whether its the poor or employed.Then you have certain states that has a poor economy,people loosing jobs after 20years,etc.Now the government wants to take our freedom to shop on a low cost budget?This is rather mind blowing.We need to stand up for every penny we can save!SIGN AWAY!

Jan 9, 2009 3:59 AM

Guest :

Thrift stores and consignment stores are not required to do the testing themselves, according to new information released yesterday - this article on suite101 talks about it: The Effect of the New Toy Law on Thrift Stores by Jennifer Wagaman.

This doesn't help moms who make and sell their own kids clothes and other things, but at least we will still be able to shop at thrift stores and consignment stores!

Jan 9, 2009 7:00 AM

Guest :

I am an 18 year old female, heading off to college and wanted to change up my style I have been shopping at local second hand stores for years, and love the one of a kind items you can find there, i know that his law does not personal effect me, but I also have a younger sister who is under the age of 12 and who also gets much of her clothing from second hand stores. This is new law is only an act of power, You politicans need to open your eye, we are in the middle of an oncoming depression, we are in the middle of war, we suffer from over population because of immigration, is this really the time to be wasting effort and money on somthing that is going hurt our countries poor, and middle classes even more.!!!!!!

Jan 9, 2009 7:55 AM

Guest :

THIS IS UNBELIEVABLE TIMES ARE TOO HARD RIGHT NOW FOR THIS MESS, I UNDERSTAND CHILDRENS SASEFTY SO PASS THE LAW ON THE TOYS ONLY THAT IS WHERE THE LEAD IS AND TOYS ARE NOT A NECESSITY BUT CLOTHES ARE!!!! AND ALOT OF CHILDREN WILL NOT ONLY BE HOMELESS(DUE TO THE ECONOMY) BUT NOW CLOTHESLESS, THIS LAW IS A DISGRACE.
HEATHER IN MICHIGAN

Jan 9, 2009 10:58 AM

Guest :

I just read the law and it is somewhat confusing but may not be as bad as what this alludes to. It does state that consignment shops will NOT be responsible for testing the items but "resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties." This would mainly pertain to toys since most lead is found in paints. It also precludes resellers from selling recalled products but I think that as a buyer, I'd want my consignment shop to make sure that I wasn't getting a recalled product anyway - and yes, I know that makes more work for the shop. Their explanation about consignment shops does not mention phthalates, but again, most are found in plastics, so I'd think that avoiding toys would be a good start.
"The new law requires that DOMESTIC MANUFACTUERS and IMPORTERS certify that children’s products made after February 10 meet all the new safety standards and the lead ban. Sellers of used children’s products, such as thrift stores and consignment stores, are NOT required to certify that those products meet the new lead limits, phthalates standard or new toy standards...The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties.
When the CPSIA was signed into law on August 14, 2008, it became unlawful to sell recalled products. All resellers should check the CPSC Web site (www.cpsc.gov) for information on recalled products before taking into inventory or selling a product. The selling of recalled products also could carry civil and/or criminal penalties....resellers should pay special attention to certain product categories. Among these are recalled children’s products, particularly cribs and play yards; children’s products that may contain lead."

Jan 9, 2009 11:05 AM

Guest :

I agree that this may have a dramatic effect on many people but let's not lose sight of why this is happening. You want to blame the government but what about the manufacturers who put this stuff out there to begin with and how about the people who file million or billion dollar law suits when they are harmed from one of these products. As a reseller or consumer would you want to know you caused harm or put your family in harms way? Put the anger towards the manufacturers who are making decision that are in their best interest - ie to keep their costs low so their profits are higher - not the consumer. If you look at federal regulations they are a lot stiffer in other countried, like the EU - the US is much further behind on product safety and if they are to start looking out for consumers, it has to happen at some point. As a mom, I will sacrifice on many levels to be able to then afford a more expensive european made toy that I know is safe for my child. I'd rather go without than one day find out my child suffered an injury I could have prevented by not giving them a certain toy. Check out healthytoys.org to see just what is lurking in toys these days! Take some time to read the studies on what these chemicals can do and can cause - it's pretty mind-opening.

Jan 11, 2009 8:23 PM

Guest :

Please also consider that this does not just affect the consignment and thrift stores. There are thousands of small businesses out there that sell specialty, hand made clothing(, toys, childrens products (American Made) that will be put out of business by this law. This law requires that they batch test all items made. This will not only slow down their production, but also increase their wholesale pricing which will, in turn, affect the consumer. We're not just talking clothing either. ANY item using textiles (car seats, strollers, toys, bibs, diapers, burp cloths, uniforms, etc) will all be included in this testing requirement.
In addition, my understanding is that retailers will have to pull all items, not tested, off of their shelves as of 2/10, so retailers, who haven't yet sold their inventory before that date will no longer be able to sell those "untested" items. They will just have to "eat" the items.
Get out there and FIGHT this. The law had good intentions, but was not well thought out.

Jan 14, 2009 7:41 PM

Guest :

I just read an article in the LA Times dated the 9th of January that stated consignment/resell stores would be exempt from the testing.Please read this article! Its all in how they interpret this law.I hope they get this cleared up soon! I own a children's consignment store In Va. and this topic is A Big concern to me!

Jan 15, 2009 5:07 AM

Guest :

Get the government off the backs of native americans and other crafts people who sell clothes and toys
Lead is more likely from china..let's boycott China goods if the US is doing this to us!!!!
WWW.ENCHANTED-MERMAID.COM

Jan 15, 2009 6:19 AM

Guest :

My neighbor had mentioned this new legislature to me so I decided as the mother of a two-year old to dig a little deeper. A search pointed me to your article and seemingly confirmed what she had said: that basically buying and selling used children's clothing at garage sales and resale shops was in jeopardy. It seemed a little too cut and dry, so I went to the CPCS website. The first notice I came across said specifically: "The new safety law does not require resellers to test children’s products in inventory for compliance with the lead limit before they are sold. However, resellers cannot sell children’s products that exceed the lead limit and therefore should avoid products that are likely to have lead content, unless they have testing or other information to indicate the products being sold have less than the new limit. Those resellers that do sell products in violation of the new limits could face civil and/or criminal penalties." This tells me that they are asking people to use their best judgement until they can provide further clarification and policy. It seems to me, like a lot of other public policies out there, there is no task force associated with policing it. I am a little disappointed that the article leads the reader down the most sensationalist path available, providing fodder for bloggers that haven't done further research, further perpetuating the cycle of misinformation. While components of this article are true, as a reader I would appreciate a more "fair and balanced" approach in the future. Overall, the reason the government is cracking down on lead is because it is DANGEROUS for our children and we the people have made ourselves be heard. Unfortunately, sometimes you have to be careful what you wish for. We as a society have craved faster, brighter, cheaper everything and that has meant that other countries, such as China, have stepped in to fulfill these "needs" which 'made in the USA' couldn't at the time, but as with many things in life, if it is too good to be true, it usually is. I didn't intend this to be a diatribe, so take it all with a grain of salt. In the meantime, let's not just assume the worst possible interpretation without doing some due diligence. If this is indeed as black and white as the article makes it seems, then let's all spend a little less time blogging and put our precious time to use contacting politicians and lobbying to make laws make sense.

Jan 27, 2009 4:39 PM

Guest :

I do not own a business, but I raised 3 children and all their clothes came from consignment shops and now I have 8 grandchildren and trust me these shops are a HUGE!!!!!! help. My 2 son-in-laws lost their jobs and my daughter as well. Starting from scratch and their kids are in school. It has taken all of us to get them clothed so they can attent school. I can't imagine what will happen now. Someone better rethink this.

Feb 10, 2009 2:17 PM

Guest :

This is a conspirisy for all the name brand stores to get our money. They start complaining of lost sales to consinment shops that resell their clothes. What the hey!!! The economy has forced a lot of us to find the consignment shops and thirft stores to keep our kids in clothes. They grow too fast to go out and buy an outfit for 20-30 dollars just for them to wear once and grow out of them. We have good samaritains out there that are helping people out to pay for and clothe their children. If their children wore it and it had no side affects what is the problem? Most thrift stores will not take anything that is in bad condition. I work in one and it is a travisty to see this happening. If it had stayed in the USA I am sure it would not be a problem now. Made in the USA!!!

Feb 11, 2009 1:15 PM

Guest :

New Child Product Safety Law now in effect: http://www.newsinferno.com/archives/4727#more-4727

Mar 5, 2009 9:02 PM

Guest :

I think this new law is one of the stupidest laws. I shop in thrift stores all the time. This economy is so messed up that the only people who can actually afford to shop in dept stores are the rich people. How about all you Congress people give us the money to go buy our children brand new clothes before you decide to take away the only option we have of putting clothes on our childrens backs? I cant afford to go buy my kids brand new clothes especially at 12 and under because they grow so fast. And what about 13 and up? You cant tell me there isnt any lead in their clothes or ours for that matter. My children get tested for lead regularly. I think it should be up to the parents on whether they want to buy used clothes or not.

Jul 17, 2009 11:46 AM

Guest :

I just have to ask when does the parent take responsiblity??
I am a new parent and the way I look at it if I am buying used stuff at resale shops or garage sales that is a risking that I am taking.
I definately do not think this should apply to resale/used items.
I do think it should apply to new items.

29 Comments