Class Action Lawsuit
CLASS ACTION LAWSUIT
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Update January 28th, 2009
CPSIA Summary:
The Consumer Product Safety Improvement Act (CPSIA) is requiring lead testing on all products (including apparel and components of apparel which knowingly have little or no lead such as ribbon, tulle, thread, elastic etc.) designed for children under the age of 12. “This new Act is unconstitutionally overbroad and vague, and disregards the significant and disastrous impact on small and medium businesses as Section 605 of the Regulatory Flexibility Act requires” says Michael Kushner, of The Kushner Law Firm.
Immediate action is required in order to save many businesses and to keep costs from skyrocketing for children’s toys, accessories and clothing.
The contract for the lawsuit is complete and available for review upon request. We are at a critical time and we need to gather all parties who desire to participate. Our lawsuit will call for a Temporary Restraining Order, followed by a Preliminary Injunction to stop the implementation of the CPSIA and to do so prior to February 10th we need to move very fast.
If you are interested in joining the lawsuit, please complete the form below. Once you receive a copy of the contract we ask that you DO NOT disclose, to any outside party, the terms of this agreement. We and thousands of businesses like yours are counting on you to join. This Fee Agreement is very comprehensive and will fully explain how we will organize this group into an effective team to fight this unfair law.
Many of us are small businesses and cannot afford to pay tens of thousands of dollars in legal fees to fight the CPSIA, therefore, we are depending on our numbers to keep the costs down for each individual. The legal retainer is $25,000 to file the lawsuit. If we have 100 participants, it will only cost $250 each, a much more affordable sum, and less than even one lead test under the CPSIA. If 200 people join it would bring the initial cost down to $125. And so forth. Keep in mind that once the lawsuit is filed it will become public and will receive more media attention. I think we will get a lot more support once the word REALLY gets out.
The attorney will hold all contracts until a minimum of 100 people have submitted payment, assuring us that the costs will be divided by at least 100 people. The lawsuit will be filed by next week in order for the court to have time to review it and take action. Since it will take about a week to properly prepare the lawsuit for filing with the Court, we need you to act without delay. We anticipate many more supporters, but need everyone to take action rather than wait for others. Please take action now – do not let the CPSIA ruin your business and thousands of American businesses like yours.
If you wish to participate, this is how to proceed:
1. Fill out the interest form below (there is no obligation to join - we will send you a copy of the contract for review)
2. Read and sign the Fee Agreement.
3. If paying by credit card, please complete the credit card form attached for the amount of $250 for the initial retainer. Fax the contract and credit card form to the number on the letterhead of the contract: 949-421-3031.
4. If paying your portion by check, please enclose a check for $250 for the initial retainer. Write “CPSIA” in the memo field of the check and then mail the contract and check to the address listed on the contract letterhead:
Kushner Law Firm
RE: CPSIA
15 Enterprise, Suite 110
Aliso Viejo, CA 92656
Rachele and I will be available to answer all your questions and concerns. Since we have 400+ potentially supporters in this lawsuit, please contact me or Rachele via email at the following email addresses. That way we will be able to address your concerns as quickly as possible. Include your phone number in the email as well so that we can respond to you in the most efficient way.
We look forward to working with you on this lawsuit and we are determined to make our voices heard! Let’s keep children’s products safe and American businesses in business!
Thank you,
Dawn LaPolla
Baby Sprout Naturals
dlapolla@gmail.com
www.ReformCPSIA.org
Rachele Dressler-Sweetser
Monkey Baby Clothes
lmksmom@yahoo.com
www.ReformCPSIA.org
43 Comments to Class Action Lawsuit
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RWoldenberg
As the owner of Forgotten Dreams Designs that deals primarily with children’s clothing, I am interested in any information concerning this matter.
Peggy Thompson
Forgotten Dreams Designs
There has been a huge uproar in the cloth diapering community and hyenacart.com about this, I will head them in this direction!
I am with deep concern that our children will never be interested in crafts. It will dissapear just like the dinsour. Can you amagine no hand made Raggedy Annie or Andy dolls? Who going to tell the children that come from poor homes, that there is no donated dolls or cloths for them this next Christmas??
It’s really a shame when known materials that are obviously lead free are so sloppily dragged into this law and putting folks who have work hard (some their wholes lives) at their craft only to be shut down by a law that really doesn’t pertain to what they’re actually making.
I’m interested in more information about this as well. I own a cloth diaper business that I’m going to have to shut down if something isn’t done about this law.
-Jenn
Bare Bottoms Boutique
I’m interested in more information about this as well. I own a cloth diaper and baby acessories business that I’m going to have to shut down if something isn’t done about this law.
Since the CPSC is effectively ignoring our phone calls, perhaps a lawsuit will get their attention. I’m keeping my fingers crossed that this insane law is amended asap.
I worry about the loss of old crafting techniques. Will our children never learn the art of creating and the pride and confidence that builds? I have been working with a children’s author to make a toy to go along with one of her books. I researched extensively to be sure all items were made in the U.S. If this law goes through, not only will it affect myself but this author. There is a very young girl with a very serious and rare condition that I made a blanket and teddy for. They are her favorites to take to the hospital with her. Think of all the children like her that will no longer have those special items available to comfort them when so much else is hard in their lives.
I just spent 20 months and my life savings to start a children’s clothing line. I don’t want this to be all for nothing! Glad to see mom’s banding together to help.
I’m glad there’s a lawsuit. I’m forwarding a link to every WAHM company I know about, and I hope EVERYONE steps forth in a united stand against a harmful law.
Last fall I started buying fabric and risking our finances to begin a small business with children and adults lines. I purchased fabric and began some designs so I could launch it this month. Business cards bought, new machines and now this. I feel a bit scared that our government can come in and do this. I feel even more frightened that the people that sign the bills in congress have no idea what they are signing and do not even care enough to respond to those of us who are upset about it. I think they forget who voted. Form letters that do not address the issues are not getting changes or answers for us.
Thank you for this.
I simply am unable to fathom WHY those who are supposed to be SERVING us would sign a law that they (obviously)DID NOT READ first! The economy is ALREADY well past the danger zone. Now, congress wants to put THOUSANDS upon THOUSANDS of small businesses under? Unconscionable! Any information you want to share with me will be well received! Perhaps a law suit will get teh attention this matter deserves.
It’s absolutely ludicrous that the government would pass to American small work-at-home business owners the ball that has been tossed to them by companies that took unethical shortcuts in an attempt to make more money. Many of the foreign factories utilize unfair labor practices, taking advantage of their workers and denying them proper compensation among other issues. It should not be up to us to pay the cost for their greed. The gates to imports should be closed unless they can prove compliance with the laws in the country they are exporting to via testing, direct observation and copious documentation including interviews with employees who cannot be put at risk by the employer for telling the truth.
While I am interested in participating, unfortunately my husband was laid off last week. This leaves us with my disability and his unemployment checks as forms of income, which will barely enable us to pay our bills and eat simple foods. I do hope, however, that the people who can afford to choose to particpate and make the government officials responsible for this farce of a law see the error of their ways. By enacting this law they are tearing at the very fabric of the American dream as well as the right to life, liberty, and the pursuit of happiness. Send the laws and regulations to the countries responsible for creating the issue and leave small business alone!!!
I hope this is a very large grassroots effort to shut this down. With the economy as poor as it is, this type of thing is just ridiculous. Godspeed!!!
My entire business is based on providing safe products for children. This redundant testing requirements is unbelievably disastrous for small businesses like mine. I truly hope that as a nation, we come to our senses and fix this before thousands of small businesses disappear. I have also added a lot of useful links on my blog at wahmsolutions. com
I make doll clothes and would hate to think that I could no longer sell these on e-bay or at craft shows . It would cost a fortune to have everything tested. Must be men making all the decisions. A woman wouldn’t think of wasting our money.
My babies and toddlers toys are made of fleece, flannel, thread and hypoallergenic polyfil stuffing….period….no wood, paints or plastics. This law is just insane, poorly thought out and a true knee-jerk reaction to a situation that should of been monitored by the government years ago. They need to go after the companies that import from China where this entire debacle started….
This law will put me out of business effective February 10, 2009. I take great care and great pride in creating quality children’s items. For the past three years I have been making quality activity aprons (art, cooking and gardening) and coloring bags for children as well as custom made quilts and nursery sets, fleece nap sacks, shopping cart covers, embroidered terry pullover baby bibs, hand crocheted baby afghans and more. All of these items are made from fine cotton fabrics, batting and Baby Bernat™ yarns. The consequences of this law on small business will be detrimental to the economy as a whole ~ for both business and our customers limiting their purchases for their children to buying from many of the large manufacturers that brought about this law to begin with.
We are a small business that started in July 08. We are making diaper bags and suddenly are having to test our bags for Lead. In our minds, a diaper bag is for the parent - not the child - so why is the testing & lead requirements mandatory for this type of product? It should really apply to items that a child easily puts in his/her mouth that can get ingested - not a pad that a child lies on for 2 minutes at a time or a bag that the mom uses to carry things! If that were the case, shouldnt every item in a household be tested in case a child should come into contact with it??
This law will put me out of business effective February 10, 2009. I take great care and great pride in creating quality children’s items. For the past three years I have been making quality activity aprons (art, cooking and gardening) and coloring bags for children as well as custom made quilts and nursery sets, fleece nap sacks, shopping cart covers, embroidered terry pullover baby bibs, hand crocheted baby afghans and more. All of these items are made from fine cotton fabrics, batting and Baby Bernat™ yarns. The consequences of this law on small business will be detrimental to the economy as a whole ~ for both business and our customers limiting their purchases for their children to buying from many of the large manufacturers that brought about this law to begin with.
Leah Durgin
Quilt and Quest
Considering I just opened up my shop for business, this law has been devastating news. As an owner of a shop that makes quality handmade things primarily for children, I would most definitely be put out of business. The law, while understanding it’s validity, has over-stepped the bounds of what should be acceptable. It seems like a harsh conclusion to an issue that should have been under control many, many years ago. Why should small business owners who take pride in making quality, handmade goods be punished for huge corporations that outsource their things in order to save a buck or two in the process? This was most definitely a knee-jerk reaction and it seems like such a ridiculous conclusion that would cause many more problems down the road…if they start controlling this aspect, what’s next? I’m not only upset because of the devastation it would have on my business personally, but for all those shops and handmade items that most find so special! I love BUYING and making handmade…this law infringes on my rights as a consumer as well.
Nicole
Owner, Lil Boo & Co.
I am so angry about this I could scream. I am glad there are other people out there who are unwilling to just roll over and take the beating this legislation is prepared to hand out. We need to unite and fight. We need some good old fashioned civil disobedience. If NOBODY complies, they can’t lock us ALL up, right? Let’s stick together and make Congress fix this gigantic mistake!
Me and my husband recently decided to start making childrens notions (bibs, toys, room decor, ect)to keep us and our two children off the street. Something MUST be done. They ran off all the jobs and everything we’ve tried, including going back to school has failed. This was our glimmer of hope. I cannot express in words how furious I am at the lawmakers blatent lack of common sense. I would love to join this lawsuit, but I obviously cannot make any substantial monentary contribution to the retainer fee.
Where is my gov’t bailout after this hits thte fan? LOL They didn’t even think about who it would effect, or how it really would impact the economy. Hopefully this will open their eyes a bit wider.
As a small eco-friendly business owner I find this just absurd…..another indication of our current gov’t. This is just the type of issue our new government could walk the talk on and save the American small business owners!
I started making handmade felt food for my son when I had to throw away his toys because if China’s lead problems. I have since bought and sold a lot of handmade items, all so I don’t have to buy Chinese made toys! I don’t think the handmade community needs to pay for the carelessness of China.
This is just a stupid fix to a problem just shows how lazy our government has become.
The legacy of Handmade will be sorely missed by our grandchildren and those who come later if this ill-planned law takes effect as it is. There are reasons to test certain things from countries that have proven themselves suspect time and time again. Those who create items from safe materials should be exempt.
I’ve been waiting for my kids to be old enough so that I can have time to do crafts as a business and now that the kids are, I can’t sell my products. I found out about this law as I was looking into what I would need so there is technically no income lost so I don’t think I can join your class action lawsuit but I am morally supporting you guys and signing petitions and sending letters to my representatives. I’m getting together some products to send the them as well.
[...] Re: The CPSIA - IMPORTANT FOR EVERYONE PLEASE READ!!! OK, I contacted Martha Stewart with high hopes that she will read my email. Is anyone getting any responses from their senators or anyone? I know I posted this elsewhere but there is a class action suit in the works is anyone wants to join. Here is a link to info and a form to submit if you are interested. Class Action Lawsuit [...]
This law is in direct violation of the ‘Regulatory Flexibily Act’ (http://www.sba.gov/advo/laws/regflex.html) and we need to put an outright stop to it.
I was initially against a repeal, however at this point, I believe that making ‘technical amendments’ would just be a band-aid for a poorly written law. Congress should be made responsible for their actions. They owe the American public the responsibilty to make laws that are feasibly economical to comply with. Not laws that will turn our recession into a depression!
Lisa Verde
We only have power in numbers. Please if you are a store owner do not start canceling orders from your vendors, and suppliers do not stop producing the unique and quality products that are the heart of our culture. So many stores have started to cancel orders that I may go bankrupt before the law even takes effect… we are all in the same boat and we must stick together. Our government is supposed to work for us, not the other way around.
Don’t stop selling; don’t close your doors. Give the lawsuit a chance to stop proceedings until the government takes the time to reconsider the mistake they’ve made by passing this act into legislation without taking into account those of us who either supplement our livelihoods or support our families thanks to our small at-home businesses. I hear far too many speak of giving up before the fight has begun. That’s not America. Fight this joke of an Act and let your voice be heard.
What about those of us who create boutique hairbows. We use no paints nor do our products come in contact w/ anything lead based. This is an unfair ruling. Ill be fighing until the feds show up at my door.
I really can’t believe that this is happening to hard working Americans. I have spent thousands of dollars getting my webiste up and running and for now I will be unable to even sell my products to anyone. I have invested in supplies that are supposedly unable to be used now even though they are obviously 100% lead-free. I will be unable to participate in a class action law suit and spend even more money that I don’t have because I’m clearly in the negative as it stands. It really stinks that the most creative individuals in society today are having to shut down their businesses and leave behind what they love to do.
I make leotards for a gymnastic club. Most of the kids fall in the 12 and under age group, it’s a smaller group that’s 13 and older. The coaches, parents, and I are wondering how the same item on a 13 year old becomes toxic and considered hazardous waste on a 12 year old. Id like to see the science backing that up.
This is just utterly ridiculous. I made handknit clothing for babies and children - how in the h+ll am I supposed to label yarn???
How will this affect companies like mine who import dollhouse miniatures (many made in the orient)from wholesalers in the USA. We sell mainly to adult collectors but occassionally an older child just starting into the hobby. Will this law restrict what I can import to Canada through the US?
Two years ago I invested my time and money into staring my home business and childrens line of clothing. I am a mother of 2 and depend on this business for income and survuval. I love what I do and am proud to use my creativity in this way. I was devestated to hear that I will have to stop my passion on February 10th when the Act goes into affect. I feel that this law is unfair and that it is targeting people who should not be effected by it. Thank you for your support!!!
I too am worried about this law. As the owner of bratsbowsnclothes.com it would hurt me as well as the economy. If the President is worried about making the economy better for all of us, this law shouldn’t be passed.
Another mom here who aspired to make beautiful and fun childrens items. As the owner of Paisley Bleu, we are so dissapointed to get halted before we even really get started! Thank you for your support
Paisleybleu.com
I am in the planning stages of a new business for hand crafted quality children’s knitwear to be sold through local retailers and online. Several small retailers have already expressed great interest in my designs. I have health issues and this would help make ends meet while my husband’s business is suffering. Basically, I’ve stopped any planning until this gets resolved. Disappointed as I am, I can’t imagine what those of you who have invested so much sweat and tears into your businesses are experiencing.
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