The CPSIA regulations ARE frustrating and overwhelming, and definitely need to be revised so that they make sense. But the reasons they exist in the first place shouldn't just be ignored.
Every exposure to (ingestion of) lead and phthalates does harm. (You can look up both on wikipedia for a basic overview.) They're different toxins, but both build up in our bodies and never go away. The govt. is trying to limit peoples' exposure to them because decades of research has yielded overwhelming scientific/medical evidence that they cause cancer, brain damage, mutations to DNA that cause birth defects, etc. Children are affected the most, because they're the most likely to ingest the toxins and because their brains & bodies are still developing.
So while chewing on one Polly Pocket with lead paint on it may be just one drop in the bucket, eventually the bucket is full. Kind of like smoking one cigarette wont give you lung cancer. But you can't know ahead of time whether your bucket will hold 1,000, 10,000 or 50,000 cigarettes. The wise thing to do is not smoke them at all. know what I mean? That analogy doesn't quite work though, because no one has passed a law saying that adults can't decide to kill themselves with cigarettes. You wouldn't think there would have to be a law against buying a child 10,000 cigarettes. but a lot of parents don't have any problem exposing their kids to second-hand smoke, they insist the concern about it is just fear-mongering.
I've never quite understood the reasoning behind the statement that the consumer should decide what items/materials they would like to purchase. (I'm assuming you meant instead of being told by the gov't what's okay and what isn't. It comes up a lot in this particular forum, so I'm kind of filling in the blanks. I apologize if this isn't related to what you meant.)
First of all, how is a consumer able to decide whether or not they want to purchase an item based on what's in it if there's no way for them to determine what's in it? We can't use our five senses to tell whether or not a toy contains lead or phthalates. Without regulations re: content and labeling, you aren't going to have anything to base your decisions on.
Second of all, I understand that a lot of folks mistrust the gov't in general, but assuming that we could just see the difference, what kind of person would lament being deprived of the option to buy toys that cause cancer?
I don't believe that parents should have the right to decide to poison their own children. (sadly, I seem to find myself in the minority here whenever I try to explain that. I usually get a least one convo from someone I've really pissed off, insisting that they know better than Congress does how to take care of their own kids.)
...and if buying it shouldn't even be an option, then selling it can't be either.
That's the part where I usually lose people. 'cause what I'm really hearing isn't parents who want to buy carcinogenic toys, but sellers who would prefer to be able to sell whatever they want to without having to know or care what's in the materials they're using, and pass that responsibility on to "consumers" because it's a big pain in the butt and it takes so much time and money to do it right that it's not worth doing. and they're right, it is a big pain in the butt! But just because the "solution" is crappy doesn't mean that the problem isn't real, eh?
-departing from soapbox-