CPSIA Class Action Suit

[#1]

Have you heard about this? Do you plan to participate in it? I've only had a couple sales in the last couple years so I don't know if I'm eligible, I guess I'm what would be termed a "hobby seller".

CLASS ACTION LAWSUIT

Please read the following press release. If you are an interested party directly affected by the CPSIA that will take effect as of February 10th, I urge you to join us in this class action lawsuit.

Contact me or the contacts listed below for additional information.

Warmest Regards,
Dawn Michelle LaPolla
Baby Sprout Naturals
dlapolla@gmail.com
ReformCPSIA.org
Reform Petition

FOR IMMEDIATE RELEASE Moms ban together to save their businesses.
==============================
Moms ban together to save their businesses. Rachele Dressler-Sweetser is a mother of 3 and owns Monkey Baby, a creative children's clothing line. This business is not only her additional "baby" but her main source of income. She created Monkey Baby out of necessity. As a single mother she was faced with the issue of a sick child with medical needs that could not be left alone. She combined her creative sewing skills and marketing knowledge to create a fun and successful children's clothing line. Waking up to a new year she is faced with her legs being knocked out from under her with this quiet law going into effect with huge consequences.
Dressler-Sweetser says "I have built this business out of love for my children and my God-given talents. It is my dream, livelihood and my future. I can't sit still. I understand the need to keep our children safe but this law is too broad. It is not in anyone's interest as it is currently written." Dressler-Sweetser has contacted the Kushner Law Firm to begin the process of a Class Action Suit to prevent the law's enforcement of the February 10, 2009 deadline. She is actively contacting businesses owners that this law will effect to ban with her in preventing its enforcement on February 10, 2009.
The Consumer Product Safety Improvement Act (CPSIA) is requiring lead testing on all products (including apparel and components of apparel which knowingly have little or no lead such as ribbon, tulle, thread, elastic etc.) designed for children under the age of 12. "This new Act is unconstitutionally overbroad and vague, and disregards the significant and disastrous impact on small and medium businesses as Section 605 of the Regulatory Flexibility Act requires" says Michael Kushner, of The Kushner Law Firm.
Immediate action is required in order to save many businesses and to keep costs from skyrocketing for children's toys, accessories and clothing.
Contact:
Rachele Dressler-Sweetser
http://www.monkeybabyclothes.com/
949.916.9288 ph.
949.916.9087 fx.

Attorney:
Michael Kushner
The Kushner Law Firm
949.421.3030 ph.
949.421.3031 fx.
http://www.kushnerlawfirm.com/

[Former_Member]

i just started another thread on this...sorry! i was so exxcited someone finally filed a law suit that I just posted without looking!

[Superflykidz]

This is great! Marking....

[Former_Member]

"i have mixed feelings. i like the idea of anything bringing serious attention and change, but i have qualms with this being done via law suit.."

There are often situations when the only way to right a wrong of this magnitude is through legal action. In addition, it is your - our - right as Americans to seek redress and restitution through the courts if we have exhausted all other administrative options.

In the present case, with less than a month before the law goes into effect in its current form, and with so many people affected but without any true response from the government, legal action may be the only way to force the hand of the CPSC.

I would imagine the lawsuit will perhaps assert a violation of the Commerce Clause, will seek to enjoin the CPSC from enforcing the law in its current form, and will request the court order the current law scrapped and drafted again, only this time with a broader list of items excluded from the testing requirements and closer attention paid to the economic effect it will have on certain segments of the regulated industry.

Or, look at it another way. This law is coming, whether you like it or not. What do we really have to lose by at least trying?

No. This is a good thing.

[weirdbuglady]

I really hope this gets a lot of attention!

[Former_Member]

very interesting

[Former_Member]

well put, babyboss.

the more i sat on this and thought it through, the more right it feels- particularly in light of the pressing deadline and the nature of its passing.

here's to another bit of hope. :~)

[StebbyLeeStudio]

cheers to gutsy women!
I think this is the way to go.
Just announcing and filing the case could bring attention -
and so- here we go.

[HorseCreekJewelry]

I sure hope CPSA people finally get a clue. It's sad that it takes a lawsuit to make them realize the ignorance of this law. I honestly don't know how any business Big or small can truly afford to do this testing anyways.

[HeatherJonesStudio]

I think this is wonderful! HelenesDream, I think you are right, it's sad that it might take a lawsuit to get their attention, but if that's the only way, then I'm all for it.

[Former_Member]

I doubt if I qualify, but I'll give you a bump.

Meanwhile, please see this online booklet I put together with frillerup to help people see make the "human connection" with CPSIA, using photos and stories. Feel free to email it to anyone and everyone!

http://shalomscottagehome.com/Assets/Special%20Graphics/save%20handmade_book.pdf

[Former_Member]

artistscs28 -- you two did a great job! I'll be sending it out to any and all!

Thanks for your work!

[StudioYTE]

This is great!

[Former_Member]

Thanks! I emailed the link to Monkey Baby and also the law firm, in case they want to use it to give fuel to their cause.

[Former_Member]

very interesting

[scandeez]

This is worth bumping up. You go girl!!!!!

[Former_Member]

I hope this law is changed!

[Former_Member]

So do I, hope it is changed

[FlairMare]

Let them know that if their new law can have teeth, well so can we- and we'll bite back until this dog is running with its tail tucked!

Here's to hoping anyway...

[LaurieRyan]

Unfortunately class action suits only benefit the lawyers involved. but it will get someones attention in DC this way though

[Former_Member]

I don't qualify either because at this point I guess its still a hobby but I have (or had) plans of expanding my line of products to include childrens clothing and toys. I have a lot started but until this is resolved, I won't work on any of it. Good luck and I hope it helps.

[Former_Member]

making sure this is bumped up...

[Former_Member]

Not sure if I am a hobbyiest since it is not my sole source of income or not ut it does help pay for my boys clothing and such. I wish them much luck and success!! Bumping up...

[Former_Member]

I'm just a hobbyist, too...but it would wipe out the little bit I do do......

[Former_Member]

Has anyone mentioned CPSIA in their announcement?

[birdylegs]

I'm hoping that they ultimately just make an exemption for small businesses. If people feel uncomfortable buying from a business small enough to receive the exemption, then that is their choice. In almost every other legal situation there are exemptions made for small businesses because the cost of complying with the law is so high as to threaten the business itself. For example: food companies with less than 100 employees and less that 100,000 units sold are exempt from Nutrition Facts labeling. The exemption is extended to retailers with annual gross sales of less than $500,000 (or annual gross sales of food to consumers of less than $50,000).