Three cheers for Malcolm Smith!!!  Smith is a former motorcycle champion who starred in films with Steve McQueen and recently conducted a protest rally in southern California in defiance of the CSPIA (Consumer Product Safety Improvement Act) – the new consumer protection law aimed at protecting kids 12 and younger from lead levels greater than 600 parts per million. Smith’s all terrain vehicle (ATV) dealership is continuing to sell ATV’s in defiance of the law. ATVs are among banned products because some parts may contain lead in excess of the legal amount. Apparently there is great danger that preteens will lick the handle bars.

In reality, parents are likely to buy their 11 and 12 year old bikes made for teenagers, which is far more dangerous than exposing them to trace amounts of lead. The entire children’s industry is now subject to expensive testing and yes, potentially large numbers of unwarranted lawsuits, even if no harm ever occurs. Where will it stop?

Protecting kids, the premise of CPSIA, is the right thing to do, but the law is flawed and may have far-reaching unintended consequences. CSPIA is forcing the children’s industry to assume exorbitant financial costs to test products for lead for fear of being sued. The industry is assumed guilty and must prove their innocence to survive. Congress needs to fix these flaws and do all they can to protect both children and business – especially at a time when the economy is weak, credit is unavailable, businesses are closing, and jobs are fewer.

Click here to get involved in CALA’s campaign to encourage our Congressman Henry Waxman, who chairs the committee overseeing the law, to open hearings into CPSIA. Tell Congress to fix the flaws!