So Lost!!!

[Former_Member]

I'll give you the very compact version of my poor, confused brain.

I've been trying to keep up with CPSIA long before I opened my shop of plush. Decided to open it anyway but my shop policies make it clear that parents are responsible and that my toys are not meant for anyone under the age of 13. However....I WANT kids to love on my toys. And I'd love to use one or two of my thumbnails with pictures of kids cuddling with my toys.

I know most fabric is exempt. I haven't seen anything about fleece though. Is that exempt too? And what if I partially stuff with old cotton t-shirts? And button eyes?

I also have a really hard time understanding what I'm supposed to put on tags. Or, even better, how on earth do I even make the darn things?!?!? I've seen a few people on Etsy who sell "tags" but they only offer so many characters, implying that they'll only put the shop name on it. Is there anybody on here who makes CPSIA tags?

I also use random ribbon for belts and random lace for skirts. And yarn and recycled thread for hair.

If you know me (or maybe you feel this way too) you can see why I'm so confused. I could use a little guidance. Reading all those documents sends my head spinning.

Oh and one more thing (for now...I promise), I've heard that they're talking about making it so that if you make less than one hundred of a certain item there's an exception. Or that's what they're thinking about putting into the law when it's voted on. All my toys are one of a kind, very few of them can be duplicated just for supplies sake. Does that mean I need a tag? That I need to be compliant? Is this mess of a law going to go away because of all the damage it's doing to small business or is it a very real thing that the law will get passed?

Sorry...that's a lot of questions...but I really am completely lost. I've read the mega PDF files and different websites and I feel no closer to the answers.

[FayeMaloneDesigns]

You can say all you want that the parents are responsible, but that doesn't cover you at all. You are responsible, you are marketing your plush to children by tagging them children, toys, dolls, etc, and plush animals are considered children's products. No excuse for not following the law, you know about it, even if you are confused. Etsy's TOU state that you must follow all applicable laws.

There are many threads on this forum how to make your own labels using your own inkjet printer and printable fabric found online, and at joanns. Do a search. And yes you need to be sewing CPSIA labels on all of your plushies. There is no exception on how many items you make. Also, some states require you to have a state license and testing before you sell plush toys.

As to the future of this law, don't expect it to go away. It may have more revisions that will lower the burden on small businesses like ours, but don't hold your breath. And if a revision giving us relief doesn't pass by the end of the year, we will all be required to test all supplies that we now can use suppliers testing info to use to satisfy the law. The stay of testing will be gone. The only thing that we won't have to test will be those things on the exempt list.

And even if the law revisions do pass it will not be okay for us to use lead laden supplies, and unsafe materials and techniques. We are still responsible for following the safety provisions of the law. If a child was harmed by our irresponsiblity, even it was only one item, don't expect a pass from a law suit.

[Former_Member]

So if I took off the tags saying this was a children's item...then what? I state in my policies these items are not meant for children. And if I took off the tags and put in adult than I'm clearly marketing towards adults.

And now I'm even more confused. I keep seeing TONS of plush makers with no tags and some of them even say in their shops that they are NOT CPSIA compliant. If they're capable of doing that and not getting in trouble than what's the deal?

And for the record, I was asking so that I COULD become compliant, not so you could talk to me in a rude tone suggesting that I'm purposely avoiding the law or think I'm above all that. I know I'm not and I want HELP. Not sarcasm and accusations. I've seen you give helpful information to others are lost and in need of help so I don't know why you've singled me out as the one person not worth giving helpful information to.

And actually, no, you don't need to sew the tags on. The last time I checked the CPSIA file it specifically said there had to be A TAG but that it could simply be attached by a pin or come with the package, not that it had to be sewn on. So you see, I do know something.

Now if I could get some guidance and help, even links, that would be fantastic.

[FayeMaloneDesigns]

Happinessabounds,

I'm sorry you took what I was saying as rude. I didn't intend it that way, and I apologize if you took it that way. I was trying to tell you the truth, the CPSC and the congress sees plush toys as children's products. They don't think of them as adult products. In retail stores they are not found in the adult departments, they are found in children's departments. So, that makes them in the governments eyes children's products. That's not something I made up. Disclaimers will not protect you if a child swallows a button off your plushies, that is a reality.

Neither you nor I can control what other people do, if they want to take the risk, that is up to them. Etsy will not do anything about it, they expect all of us to police ourselves, and follow all applicable laws. The fines if the government decides they would like to come after you are up to $100,000 per infraction. I personally don't want to take that risk.

And the labels must be permanently attached unless the item is too small like a hair bow, or interferes with the intended use of the item, like a bracelet, or a booties. Then it can be on a hangtag. But you can put your label anywhere you like.

As for how to make the labels, you can buy inkjet fabric that goes into your printer at Joann's or online. I use June Tailor sew in ink jet fabric. I use an avery label template, You can go to Avery labels and pick a size you like. My finished size including room to sew them on is 2 1/4 " x 1" . I write

FayeMaloneDesigns.com
Kinsman, OH USA
Handmade in the USA
of imported fabric
11JFMAMJJASOND12

I make a couple of stitches under the year and month for the date of manufacture. I use pinking shears to cut them out. I can make quite a few out of one sheet of the ink jet fabric.

but you will have to check with your state if you need to have in state testing and register with them to sell plush in your state. Every state is different.

As to what will happen in the future, we simply don't know. The House committee wants the law changed, they may be able to get the changes thru, but they don't control the Senate committee. And the Senate committee majority may very will not pass the revisions. So we all must be ready for that. And even if they give us a pass on testing as a small business, we still will be responsible for not using hazardous supplies. This has become a very political issue, and the democrats that wrote this law, have dug in their heels.

[FayeMaloneDesigns]

As far as your button eyes, you will need testing information from your button supplier. You will have to call or go online to their customer service, give them the item numbers and ask it they have done testing for lead, as per CPSIA. You should ask if they will send you a copy of their testing results, but remember they aren't required to test, and even if they do, they are not required to send you anything.

[secondarycreations]

HappinessAbounds says

...And now I'm even more confused. I keep seeing TONS of plush makers with no tags and some of them even say in their shops that they are NOT CPSIA compliant. If they're capable of doing that and not getting in trouble than what's the deal?
_________________

As with so many other things - copyright/trademark infringement being a big one - you really can't judge what is legal by what a lot of people on Etsy do (does that make sense? I'm writing this during a bout of insomnia). Just because they haven't gotten caught yet doesn't mean they won't be.

I am kind of surprised that all plushies would be considered children's toys, since some of them (think grotesque) are pretty clearly for adults. But I don't make the law.

[FayeMaloneDesigns]

Art dolls and art plush usually are pretty distinct from most plush. One of the things the government uses is price. If it is "art" it generally carries a higher price.

[Former_Member]

Another plush maker (from the UK so she doesn't have to go to nearly the extents we do in the US) was saying if I made my dolls more artsy and less fun I should be okay.

The problem with me testing the buttons is that they're random. The craft store I buy them from has this giant tub full of buttons and you can get a big scoop (think one of those stereotypical beer cups) for a few bucks. So I have no clue where the buttons came from. And the recycled thread I use came from an old bath rug my mom had but didn't like so she just cut it up and gave it to me. Don't know where she got it and she threw away the tag.

So I'm kinda stuck. I was thinking about adding pet toys to my line since I've had a few requests but I could've sworn I saw, ages ago, something regarding pet products needing to follow CPSIA laws as well. Problem is I searched the CPSC website ALL day yesterday. It kept crashing and I couldn't find anything that I was looking for at all. Including the huge PDF file that tells you everything under the sun.

Does anyone have that on their computer or know where to find that on the website? Are pet products CPSIA regulated (I've heard both)? Maybe I'll just take my plush down, since I don't know where some of my materials come from, and fill up the shop with pet toys.

And Faye, I'm very sorry for thinking you were coming off as rude. I read it with my hackles already up because I think this whole thing is beyond ridiculous and I took it out on you. Thank you for continuing to help me.

[FayeMaloneDesigns]

Happiness, most of us think this is beyond ridiculous. Not the safety issue of lead levels, none of us want lead in children's systems.

It's the total lack of reality in the implimentation of the law. Those of us that have been in the trenches with this fiasco since it's inception in 2008 have learned a lot about how our congress passes laws and then the administration writes regulations that would break the back of any company. Many in government have no life outside of the rarified air in DC. They have never worked at anything other than in a government position, and have no idea how the majority of the population lives. They have zero knowledge of how small business works, much less that there are micro businesses like all of us.

The entire fiasco was brought about after the outrage of the tainted toys imported from China and other Asians countries. So with their sweeping broom, they crippled all of us, and did not hold China responsible. It is the end children's manufacturer that is responsible. Even if you import items from China, and after you receive them here, and then you find out that it is hazardous, you can not go back after the Chinese plant that made them. You are the one to be fined, you are the one that has to be responsible for the final testing, and you can not do anything about it! It's outrageous,!

Enough of my rant,

As to your toys for pets, somewhere in the past people have asked about pet toys, and they may have more regulations than for children. Let me think on it, someone's husband was a manager for a pet store..

[Former_Member]

Thanks for thinking on it! I've seen people selling pet toys on here and while their materials are obviously pet friendly (heavy canvas, home decor fabric, denim) I haven't seen any of them mention being in accordance with any laws or seen tags on most of their items. And from what I've seen it's mainly branding tagging than anything else. So any input regarding that would be awesome!

My rant: I think it's BOGUS that Mattel was one of the main companies pulling this crap and then they're magically able to get out of this by paying big bucks to sidestep the testing. I don't know if they're still doing that (I heard that back in 2009) but the fact that they're the ones who got us in this mess and they didn't even have to deal with it pissed me off. Good, honest people are working their butts off to comply with laws that are not only ridiculous but are so hard to understand that even when they do attempt to follow it they're probably still missing something while the big men upstairs get to sit back and laugh. NOT COOL!

That's my rant ;-)

[FayeMaloneDesigns]

Mattel didn't actually get away without testing, they were allowed to have their own inhouse certified testing labs. Sweet deal if you have the money to donate to someones campaign fund!

[Former_Member]

How much you wanna bet their in house testing labs have no problem fudging reports?

[secondarycreations]

Going back to the buttons - Would you be able to buy buttons you know are compliant and maybe add a bit to the price of your items to cover the extra cost of not buying them from the big bin?

[Former_Member]

I could but I'd still be out from all the toys I've already made. And I already worry that my toys are too high priced. Not high enough to be considered "adult only, collector's item" toys but high enough that anyone buying them for their kids would probably look somewhere else.

[Former_Member]

I am soooooooo frustrated right now. I HATE giving up on my plush shop. HATE HATE HATE HATE HATE HATE HATE it.

I'm in massive debt though. I can't just go out and buy new supplies. Buttons get spendy after a while, you know? And waiting around for weeks waiting for people to get back to me so I can start creating while my shop withers away in nowhere land because there's nothing new? Yeah, that's not going to help.

I'm so pissed. I wanted to be a part of the Etsy Plush Team. You know what at least half (I stopped keeping track) of them do? They have a disclaimer. If disclaimers don't cover you and their shops are fairly successful how come no one is breathing down their back? Knowing my luck I'd get thrown into prison instantly! Do they even check? Are they patrolling Etsy? Or am I being scared out of this shop because someone *might* accuse me of having lead in my toys after the fact and the government *might* do something about it?

Sorry for the rant. I'm just so pissed and frustrated and upset that my lovely plush and all the hard work and dreams I put into this is just going down the drain. Land of the free my butt. (Sorry...that's not intended as an insult to the country. Just an insult towards the law which I find is beyond stupid and not helpful for small businesses)

[secondarycreations]

I don't see how a disclaimer could help unless you're making things that clearly aren't for children. It's like everything else - for example, copyright and trademark violation. The people who do it risk being caught, but they evidently feel it's worth the risk. Some get shut down.

The following is just brainstorming: Have you looked through the list of exempt materials to see if you can work with them? In fact, have you looked through the list of exempt materials to see if most of the supplies you already have are on the list? Can you use some of your supplies that aren't on the list to make things for adults (maybe plushies, maybe something else)?

[secondarycreations]

I have to say that your "dolls" are not ones I'd even consider giving to a child. To me they scream "adult" - but that's just my opinion. Maybe spruce them up a bit and sell them for those high "collector's item" prices?

[Former_Member]

Define "spruce", if I can tempt you. I've been told that making them more "artsy" would justify a price raise and thus make them "obviously adult only" but whenever I hear the word artsy and think of plush I think gothic/macabre or so many ridiculous components that I end up sewing my finger onto the plush. I like the simplicity of my plush because it lets their personality shine as well as mine, so you know who made it. I really appreciate you thinking they're obviously adult though! Wonder if that would be the same in the CPSIA's eyes though...

As for the exempt list, could you send me the link? I was trying to find it a few days ago and I STILL can't find the darn, tootin' thing. I had it for a nanosecond before my laptop crashed and I have no clue how I got there in the first place.

[secondarycreations]

Here's a link I found in a couple of threads here. The list of exempt items begins on page 4:
http://www.cpsc.gov/businfo/frnotices/fr09/leaddeterminationsfinalrule-draft.pdf

I could swear that just recently someone had the list in a forum post, but I've done a search for the keywords I can think of and haven't found it.
______________

I don't create things with fabric - heck, I don't even sew! So I don't know what to tell you about making your dolls more obviously for adults. More detail, maybe? A mix of different kinds of fabrics, and even non-fabric components (wood? metal? leather?)?

[Former_Member]

Thanks for the link!

After talking with some people I've admired for years (is it sad that I was all giddy just TALKING to them) about plush and how they're dealing with this I think it'd just be safer to change directions now. At least I'm such a new shop that I haven't had any sales and thus disappointed customers because of this. Just a few disappointed fans.