Recalls Trouble Consumer Safety Commission

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LUKE BURBANK, host:

Okay, so millions and millions of toys come into the U.S. every year from places like China, where it's kind of hard to tell if they're safe, if they might have potentially dangerous levels of lead in them, which is why there is a government agency known as the CPSC, the Consumer Product Safety Commission.

So, Ali, how many full-time employees do you think the CPSC has dedicated to testing toys?

ALISON STEWART, host:

I would think of late, not a lot.

BURBANK: Well, it's even less than not a lot. It's one, actually.

STEWART: One person?

BURBANK: Uno. Yeah, according to the New York Times, the agency has one full-time toy tester. So yesterday, a Senate panel passed a proposed bill that would hugely increase the CPSC's budget and expand its reach.

Here's Connecticut Congresswoman Rosa DeLauro, speaking about that bill.

Representative ROSA DeLAURO (Democrat, Connecticut): The fact of the matter is is that it's been self-regulation, self-policing by the industry, and those days have got to come to an end, and this Congress - under the direction of this Speaker - are going to bring to an end.

BURBANK: Okay, but there was someone who thought more money for the CPSC was a bad idea, and that someone was the acting director of the commission.

STEWART: That's just odd.

BURBANK: Yeah, have you ever heard…

STEWART: It's odd.

BURBANK: …of the head of a government agency turning down money? Well, Nancy Nord, the acting boss, says she has her reasons.

Here to talk to us more about it is Rachel Weintraub, director of Product Safety and senior counsel at the Consumer Federation of America. That's a consumer-advocacy group. They support this legislation, as I understand.

Hi, Rachel.

Ms. RACHEL WEINTRAUB (Director, Product Safety; Senior Counsel, Consumer Federation of America): Hi, good morning.

BURBANK: So Nancy Nord, she's the acting chair of the CPSC, and she yesterday -at least it was made public that she had written this letter that said please don't give us more money. What was her logic?

Ms. WEINTRAUB: Well, basically, in her letter, she opposed many of the provisions of Senator Pryor and Senator Inouye's bill. Basically, I think the logic, if one looks for it, is that she thinks that a lot of these provisions would require the commission to do more work and require more resources, which we think makes a lot of sense since there are many problems, many gaping loopholes in our country's safety net. So…

BURBANK: But does she have somewhat of a point in that one of the things that this proposed bill would do would increase how much money somebody could get in a lawsuit. It's like 1.8 million right now. This would almost increase that by a hundred times - wait, not a hundred times.

Ms. WEINTRAUB: Fifty, almost 50 times.

BURBANK: Yeah, up to $100 million. And her point is, look, if there's a $100 million out there, potentially, that's going to draw in every litigious person and lawyer in the world and swamp this organization. Does she kind of have a point?

Ms. WEINTRAUB: I think with that argument, she actually does not have a point. The CPSC has, under this administration, has always argued against raising the civil penalty caps to a significant level, because they've argued that with more money, there'll be more litigation. And I don't - I've never seen any support for that argument.

I mean, consumer groups' belief is that if you raised the cap higher, it changes the entire equation. It gives the CPSC much more leverage, and hopefully you'll ultimately see fewer civil penalties levied and safer products, because consumer - because manufacturers will, you know, be thinking $100 million versus $1.8 million as they produce a product and have the option of making something safer or not.

BURBANK: Okay, so this bill that came out of the Senate committee yesterday, what sort of holes do you think it plugs up, as you see it?

Ms. WEINTRAUB: Quite a number of things. First of all, the bill authorizes - it doesn't appropriate, but it authorizes additional money to the commission. So it would still need to be appropriated. So that's pretty significant.

As you mentioned earlier on the broadcast, the commission has the fewest number of full-time employees in its history - 400 employees. That's about half of what it had at its height. So they desperately need money, desperately need staff, and this goes a long way to do that.

Number two, I would say, one of the most important things that this bill does is it requires that certain products be tested by independent third parties. If you look at all of the recalls of this summer, all the lead coming in to this country from major toy manufacturers, we think a major, major problem is that these toys were not tested by someone who doesn't have a financial interest in the outcome of the product.

BURBANK: And just quickly, Nancy Nord, is she long for this world? Because Nancy Pelosi, Speaker of the House, called for her ouster yesterday.

Ms. WEINTRAUB: Right. I don't know about that. You know, others - Senator Browne, I know, also called for her ouster, and I know that she is fighting that vigorously. So I have no idea how that's going to all…

BURBANK: All right. Well, we'll keep it rolling on the show posted if and when something goes down on that front. Rachel Weintraub, director of Product Safety, senior counsel at the Consumer Federation of America. Thank you so much.

Ms. WEINTRAUB: Thank you so much. Have a great day.

BURBANK: You, too.

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