Viewpoint

Here, a monthly perspective from Consumers Union on the latest challenges—and possible solutions—facing U.S. consumers today. See archived letters.

A win for product safety

When he was 4, Colton Burkhart swallowed a small charm from a vending-machine necklace. Kids do that kind of thing a lot, but in Colton's case the trinket was 39 percent lead.

His stomach hurt and he began vomiting. He was exhausted. "I thought he had the flu," says his mother, Kara Burkhart. "Even the doctor initially diagnosed it as stomach flu." But his symptoms worsened. Doctors in an emergency room near the Burkharts' home in Redmond, Ore., performed a CT scan more than a week later and removed the trinket surgically.

But Colton's problems were just beginning. He developed acute lead poisoning, a potentially fatal condition. Treatments brought his blood-lead levels down, but Colton, now 10, must have periodic tests to make sure they stay that way.

Colton and his mother were on Capitol Hill last year when Congress finalized the Consumer Product Safety Improvement Act, the biggest overhaul of the Consumer Product Safety Commission since its creation in the 1970s. The law spells out critical changes to improve product safety. The CPSC is responsible for enforcing it.

Some key provisions have been put on hold to give companies time to comply and regulators time to set up for testing and enforcement. But parts of the new law are already in effect. Maximum allowable lead levels in children's products have been lowered. Civil penalties have been boosted and new tracking-label requirements for children's products are in place. The law makes it illegal to sell the kind of toy that made Colton Burkhart so sick.

Then and now

Consumers Union fought hard for those safeguards. In 2007, the year before the law was passed, companies recalled almost 45 million unsafe children's products. Parents had lost confidence in the marketplace. The CPSC was rightly criticized for failing to protect consumers; a lack of money and staff was a big reason.

Under new chair Inez Tenenbaum, the agency has begun to move rapidly and responsibly to apply the CPSIA. At the same time, it's listening to small manufacturers and retailers who worry that the new rules place undue burdens for testing and compliance on them. Tenenbaum says she'll consider ways to reduce that load without jeopardizing health and safety.

With new powers, more funding, and determined leadership, the agency seems to be headed in the right direction.