Hazardous Waste Management Program unfair decision on cast iron products

[ILoveCentralAsia]

I received this email, many of my products which were Afghan and Kazakh cauldrons ( kazan ) have been removed because according to etsy they contain leads.
Now I would like to know where they read leads, because these are cauldrons made of cast iron which by the way are even used for cooking, and they don't contain leads. I wonder how the staff can be so ignorant on this matter and what can be done ? Is it possible to make a complain somehow?

I need suggestions, etsy is driving me crazy lately. I have many problems with users who don't pick up the package and then blame us or don't pay the customs fees even though they know it's their responsibility.

Has anyone had the same problem?
Obviously all these emails are no-reply, so I wouldn't know who to write to.

- - - -

from the Hazardous Waste Management Program:

The items removed from your shop were found to contain very high levels of lead (thereby being a significant source of lead exposure for your customers).

You can learn more about these findings in an article published in May 2022, in the Journal of Exposure Science and Environmental Epidemiology (JESEE), entitled “Investigating aluminum cookpots as a source of lead exposure in Afghan refugee children resettled in the United States,” available at: https://rdcu.be/cMwfu.

You can consider contacting the Hazardous Waste Management Program directly with any questions at:

Etsy members are responsible for following both Etsy’s policies and all applicable laws. As a seller, you may find that certain items that are legal for you to sell may still be prohibited on Etsy. We're unable to provide legal advice, so for questions of a legal nature, you may choose to consult your local government agency, an attorney, another expert resource or reach out to the Hazardous Waste Management Program.

If you disagree with the regulatory notice, you may consider contacting the Hazardous Waste Management Program directly. Etsy cannot consider reinstating your deactivated listing unless we receive direct confirmation from the regulator confirming your listing meets all requirements.

[Adorabilities]

We're not allowed to copy/paste messages directly. I can say (since it will be removed) is that the Etsy person who wrote to you gave you very specific information on why the items were removed, including where to go (and specifically who to contact) to find out more about it. It's very unusual to get any specific information on takedowns. Since you have a person and email address to contact, I would suggest you do so. That's not the typical situation here.

[ArtDollsbyJD]

I suggest you remove the private information. 

You may need to find out if your items truly have no lead in them.  The raw materials may.  And then take it up with Etsy again if no lead is found in your items.

[ILoveCentralAsia]

This is totally iron cast material and on etsy it's still full of them from other seller, it's ridiculous.

[bradgoodell]

How odd.  How can Etsy be full of your exact handmade cast iron pots?  

Anyway, those sellers are likely getting take-down notices as well.  

[botanicallampshades]

Since your pots are not aluminum perhaps there is a chance these can be reinstated if you appeal this. 

[ILoveCentralAsia]

How? Shall i write to the etsy support?

[BagmakerSupply]

@ILoveCentralAsia: Just out of curiosity are the items you are selling all handmade by you, or designed by you and made by a production partner exclusively for you? I did not see a production partner listed on the few listings I checked out. Have you read https://www.etsy.com/legal/policy/reselling/239324376512 and https://www.etsy.com/legal/handmade to make sure that Etsy does not also think you a reseller.

[ILoveCentralAsia]

yes, we have a small factory, we do everything ourselves, we also have small volunteer centre, we work with local woman that cannot afford to buy food or house for realise our carpet . These pots are also called "afghan kazan" because of their shape but they are made in our country and not in Afghanistan.

Also the pots are made by 100% iron and come with proper label and istructions, and its very weird etsy decision because also when we send them with courier we need to declare some material, because some materials are prohibited. It's very weird. 

[ILoveCentralAsia]

I dont know how to tag here but BagmakerSupply, yes, we have a small factory, we do everything ourselves, we also have small volunteer centre, we work with local woman that cannot afford to buy food or house for realise our carpet . 

I have read everything and I have all the rights to all the objects visible on etsy and on my official website. This in any case does not concern my question.

[CoquetteBath]

So if you feel these items were removed incorrectly, you have every right to protest.

but, do keep in mind that you do have to be the artisan behind the items...and if you purchase these from anywhere, these may not be legal to sell here. Traditional handicrafts cannot be copyrighted, so they have to be your work.

if they are not, and you protest, you are calling attention to your shop, which may cause a deeper look. Your shop. your call.

[DesertChains]

Are they enameled?

[bradgoodell]

That is the most detailed take-down I've read.  And it is quite clear:

"If you disagree with the regulatory notice, you may consider contacting the Hazardous Waste Management Program directly. Etsy cannot consider reinstating your deactivated listing unless we receive direct confirmation from the regulator confirming your listing meets all requirements."

They even gave you contact information.

Call Etsy staff ignorant is un-called for.  Apparently there is some concern and Etsy was contacted by the government and is acting "in accordance with a notice that we received from the Hazardous Waste Management Program" and is removing your pots.

There are new laws which make Marketplaces more responsible for what is sold.  Lead poisoning is serious.  You expect Etsy to simply take your word for it whether those pot are safe or not?  Why should they when the government is saying they are unsafe?  

I hope you can get your pots checked and certified, if that is what is required. Good luck.

[ILoveCentralAsia]

I call the staff ignorant because before removing an object they could at least ask the sellers for information, such as the instructions and the components shown on it that must be inserted by law, also as filters on etsy I put "iron" and not "lead" . They do everything without ever asking, as if it were our fault and it's not the first time this has happened.

If you search etsy, you are full of sellers who have the exact same thing. Furthermore, they only canceled mine that had the word "afghan" but the other identical that i had where it was not written remained without problems. So more than material we talk about problems with certain nations i guess.

[bradgoodell]

Once again, it wasn't Etsy staff who made the decision. A government agency did.  Asking you what the pot was made of proves nothing.  Etsy isn't going to be the judge in this fight.  

It is quite clear what is required:

"If you disagree with the regulatory notice, you may consider contacting the Hazardous Waste Management Program directly. Etsy cannot consider reinstating your deactivated listing unless we receive direct confirmation from the regulator confirming your listing meets all requirements."

You seem to miss the part about a government agency demanding they be removed.  Not Etsy.

[BagmakerSupply]

@ILoveCentralAsia: Well, it does concern your question. Etsy takes a "better safe than sorry" attitude toward regulated items. Since you manufacture everything yourself, you should be able to prove to whatever government agency contacted Etsy that your items are in compliance not only with the laws and regulations of where you ship from but also where you ship to. When that government agency withdraws its concern Etsy will be able to reactivate your listings.

[nineteen27]

As a seller, you may find that certain items that are legal for you to sell may still be prohibited on Etsy.

that is the most important line of all.

even if you can prove the cauldrons do not contain lead.

etsy may decide not to let you sell them here anyway.

[BootifulLabels]

When it comes to complying with takedown notices, Etsy has very little power.  This is even more so when the takedown comes from government departments or committees.  The message you copied here contains far more detail than Etsy normally provides with a takedown.  If I were you I would take it seriously and contact your local government agency as they suggest.  Etsy can't help you further with this.