I’ve covered many topics through the years and this one is perhaps the most frightening. It threatens our livelihoods and puts a bright spotlight on the Consumer Products Safety Improvement Act (CPSIA). Increasing awareness for product safety and CPSIA regulations is a good thing. Our industry needs to better understand what it takes to be in compliance with these regulations, but this story is outright scary.
Jeff Jacobs, executive director of the Quality Certification Alliance (QCA), wrote a thought-provoking article that was published in his Promo Marketing Blog. QCA is an industry organization that is setting standards for quality, compliant and socially responsible promotional products.
In Jeff’s article, entitled “Magnets: When Opposites Don’t Attract,” he addresses the controversy surrounding Buckyballs that came up last year. Buckyballs are a novelty magnet product for use by adults that have created quite a stir. I encourage you to read this article as it sets the groundwork for a much larger concern.
This issue involves an effort by the federal Consumer Product Safety Commission to recall Buckyballs. These small magnetic stacking balls were marketed as an executive gift item, not as a toy to be used by children.
The action taken by the CPSIA has declared the balls a swallowing hazard to young children and instituted a recall action. The company, Maxfield & Oberton Holdings, disputed the action, saying labels on the packaging clearly warned that the product was unsafe for children.
Due to the financial burden of the recall, Maxfield & Oberton went out of business at the end of 2012. Where this situation gets even more troubling, is that the CPSIA then went after the CEO, Craig Zucker. They are holding him personally responsible for recall costs that could be estimated at over 50 million dollars.
“I think this case presents some important and troubling legal issues that really break new ground legally for the C.P.S.C.,” said Nancy A. Nord, who was the only commissioner to vote against filing the administrative action. Ms. Nord retired from the Consumer Products Safety Commission in October 2013.
In this October 31, 2013 New York Times article, “Buckyball Recall Stirs a Wider Legal Campaign,” the story is covered in great detail.
This brings me to my title: What Do Liberty Balls Represent? The creators of Buckyballs have created Liberty Balls. These are large magnetic balls that according to the company represent “The Inalienable Right to Build Whatever You Want.” Profits from Liberty Balls go towards the legal fees of one individual, Craig Zucker who is fighting the Consumer Product Safety Commission’s case against Buckyballs. Zucker’s fight also has an impact on the rights of American consumers and businesses.
Some industry suppliers are buying Liberty Balls and will be displaying them at trade shows to raise awareness for this important issue. Liberty Balls range in cost from $10.00-to-$40.00. You can learn more about Liberty Balls here.
Prominent publications have covered the impact of what’s happening with this situation:
Wall Street Journal: “The outcome of the battle has ramifications far beyond a magnetic toy designed for bored office workers. It implicates bedrock American notions of consumer choice, personal responsibility and limited liability.” The full story is here.
Forbes: “CPSC’s Attack On Corporate CEO More Dangerous Than Rare Earth Magnets?” The full story is here.
ABA Journal (American Bar Association): “How far should the government go in protecting us, sometimes even from ourselves?” The full story is here.
We need to understand the importance of how all this affects our businesses. PPAI has always taken a lead in legislative and product safety. Their efforts are critical to protecting our industry from Buckyballs-type situations. Stay on top of what’s happening through the PPAI Law section of their website.
Large and small distributors can only avoid the standards for so long. The distributor company I am affiliated with has taken a very strong stand on CPSIA compliance. While initially I found what was required to be a bit problematic, adhering to the standards is the right thing to do. The presentation materials they have prepared and the efforts they are taking to educate their account executives is quite impressive. Product safety information needs to be effectively conveyed to our clients as it affects their purchases.
This topic will be covered in future articles and through my FreePromoTips SuccessTracks Education Experience. As much as we would like to ignore CPSIA mandates, they are not going away and very much affect our industry.
In December, we are presenting a special Holiday SuccessTracks Education Experience featuring industry leader and CFO of MadeToOrder, Rod Brown. In this session, Welcome to the Jungle, Rod will share about his experiences in Africa and give you some insight into his unique business philosophy. Rod’s success enables him to have a positive impact in areas where there is great need. More information and the link to register can be found here.
Jeff Solomon, MAS is affiliated with a Top 10 distributor company. The FreePromoTips.com website and e-newsletters he publishes are packed with beneficial information and exclusive free offers from a few forward-thinking supplier companies. Don’t miss out on what’s happening! Opt-in to receive the e-newsletters! Like FreePromoTips on Facebook and follow it on Twitter. Connect with Jeff on LinkedIn.
