Guest Post: The Bucky Balls Ban

Hi Readers! The Buckyballs ban is getting a lot of press. Here’s a piece in today’s NY Times, which references this oped by Michelle Malkin, And here is the official Consumer Product Safety Commission’s complaint. It notes that since 2009, there have been two dozen reports of magnet-induced injuries to children, including “at least one dozen involving Buckyballs. Surgery was required in many of incidents.” (It doesn’t say how many.)

In press coverage of the issue, generally someone whose child was hurt gets interviewed. Here’s a reader whose child was affected another way.  – L

Dear Free-Range Kids: Did you see the news about BuckyBalls being banned? BuckyBalls are little metal balls that look like bb pellets, only they’re magnets. It’s a desktop “toy” meant for adults… which it clearly states on the packaging, the website, their twitter feed… I heard a rumor that the company CEO has it tattooed across his forehead. http://www.wired.com/geekmom/2012/07/buckyballs-banned/

So why does the goverment want them banned? Well, in the past 4 years, and after MILLIONS of sales of these little magnetic balls of joy, 20 kids managed to swallow the magnets, which is a dangerous thing to do. The balls are magnetic and can wreak havoc on a digestive system, especially if they were unfortunate enough to swallow more than one.

This is a bad thing, but I’d like to point out, AGAIN, that it states on the packaging that it is definitely, totally, and 100% not meant for little kids. They even went so far as to give it an age cut off at 13 and up! THIRTEEN! These are magnets! The size of bb’s! I personally find it a little overboard. I mean, hopefully by the time the kid is 12, his parents have broken him of the habit of sticking strange metal objects into his mouth.

So why is the government suing the company that makes BuckyBalls? I mean it’s a U.S. based company that employs lots of people, you’d think that shutting them down would not be in our best interest. But no, the government’s complaint is that the 13+ age limit is not enough. They insist that the the packaging should read 14+. Because, you know, there’s a huge difference between 13 and 14, I guess. [Lenore interjects: I actually think they want them to not be sold to anyone of any age.] And also the government believes that 13 year olds are idiots and can’t be trusted around shiny things.

Disclaimer: I have several packages of these BuckyBalls. AND I have a 13 year old. We bought the BuckyBalls for my husband as a neat thing to fiddle with on his desk at work. But my son was fascinated with them from the get-go. Of course we reminded him that shiny things are not necessarily edible things (for which he stared at us like we had grown two extra heads. I mean, DUH, guys. Parents are so weird.) We also stressed the importance of being careful not to lose the balls as we do have pets, and although neither my dog nor my cats have ever tried to swallow anything that wasn’t made of fish and/ or whatever is in those brown kibble things doggies eat, I didn’t want to take the chance as none of my pets have learned English yet and I was unable to give them the shiny-things-are-not-food talk. Well, I mean, I did give them the talk, but I don’t know if it really sunk in. They just kind of looked at me. Then my cat started to lick herself and my dog got distracted by the squirrels in our front yard.

As I was saying. My 13-year-old son became fascinated with the BuckyBalls and was allowed to play with them in my husband’s office. We noticed that he was going in there to play with them almost daily, making all kinds of intricate shapes with them, picking up paperclips with them, modeling things… all that jazz. We ended up purchasing a larger set of magnets and he’s been constructing and experimenting with them as well. (These new magnets are the size of marbles, and although they’re still not a good thing to swallow, the package for these magnets says they are only made for children over the age of 3. I have no idea why there’s a difference, except that perhaps the BuckyBall magnets are stronger.)

And Caleb’s fascination with magnets hasn’t ended there. It sparked an interest in geology in general, which has recently morphed into an interest in archeology. This week he’s hanging out with his grandfather at the beach where Caleb is taking his new metal detector out for a spin! (A metal detector with an electro-magnetic coil in the head, he tells me. MAGNETS. They are AWESOME, Mom.)

So you might understand why I’d be so baffled about the government deciding that BuckyBalls, or any small magnet, I assume, was too dangerous for kids to experiment with. I thought you might be interested to know about this development as well. I remember that a few years ago you talked about the Kinder Surprise chocolate eggs that Canadian children get to partake in, but U.S. children can only read about online. I have a feeling that if the government has its way, BuckyBalls will go the way of the Kinder Egg. Sorry this was so long! Cheers, Julie

Protecting Kids from “Dangers” Like Rhinestones. And Books.

Hi Readers! Remember during the summer I ran a post by businessman Rick Woldenberg about the wacky new Consumer Product Safety law? Here’s a little of what he said:

Readers of Free-Range Kids may not be surprised to learn that Congress has enacted far-reaching legislation to save your children from the dangers involved in reading an old book, riding a new bike or even using a Barbie pen. That is, if after using these items, they generally eat them. 

Feel safer already? The Consumer Product Safety Improvement Act  became law on August 14, 2008 and it dramatically changes the way we regulate children’s product safety.  After several toys from China were recalled in 2007/8 for high levels of lead, Congress wanted to do something – anything — so it did. And went way overboard.

Until then, the Consumer Product Safety Commission focused only on products that posed an actual threat to your child’s safety – things like faulty car seats, or toys with small parts that could break off and cause choking. Under the new law, Congress imposes arbitrary standards that require the manufacturers of pens, shoes, t-shirts, ATVs, bikes, books, backpacks and toys to “prove” the safety of their products, and label them a new way.

 It sounds like a good idea to prove your product is safe before it hits the shelves. But because the law now covers every single product made for children up to age 12, many products well-known for being safe –  books! socks! — are being regulated for the very first time. Huge wasteful costs are being imposed on all of these products.

Think about it: Less than 0.01% of all children’s products are recalled in a typical year. But now the other 99.99% will have to prove their safety first.

That law lead to horrors like thrift shops throwing out their pre-1985 children’s books because they couldn’t prove that the ink inside those books was lead-free. Really!

So finally Congress is holding a hearing on the law this  Thursday, Sept. 10. You’d think our elected offiicials would call in some scientists, or even parents, who could pretty effectively argue that this law covers  way too many products that really are not harming children. Things like rhinestones on T-shirts, and the rocks studied in geology class. (Not radium. Rocks!) 

The problem is not just that this law is ridiculously all-encompassing. It’s that that the law gives the Consumer Product Safety Commission zero  flexibility to exercise judgment: anything that may have lead in it, even if the agency ITSELF believes there is absolutely no health risk, is still banned. Calling Kafka!

Unfortunately, the Committee inexplicably is planning to call exactly one witness to this hearing: the chairwoman of the Consumer Products Safety Commission herself. That excludes, obviously, folks like Rick, a maker of educational toys, and folks like me, a mom who argues that as much as I adore safety we are going overboard trying to protect children from unbelievably remote dangers. Including the dangers of eating books and socks and rocks.

The whole Free-Range philosophy is that we cannot protect children from everything without sealing them inside a tower (which poses its own dangers, agreed?). And to protect kids from old books — sheesh. Where would I have been without my dog-eared, yellowing copy of “Little Women” growing up? A book I loved but somehow managed not to eat?

If you’d like to write an email protesting this law or lack of public input, please send it to housecpsiahearing@cox.net.  Rick says he will make certain it’s submitted. For additional information and to see Rick’s letter go to http://tiny.cc/DIRiy. 

Thanks — Lenore (off to munch on a delicious chunk of granite)

Why Is Congress “Protecting” Children from Books?

Hi, Free-Rangers: Here’s a really thought-provoking (okay, outrage-provoking) guest blog from Rick Woldenberg, a businessman in Illinois who believes in safety, but not in spending millions to protect our our children from nearly  non-existent dangers. Read on!

By Rick Woldenberg 

Readers of Free-Range Kids may not be surprised to learn that Congress has enacted far-reaching legislation to save your children from the dangers involved in reading an old book, riding a new bike or even using a Barbie pen. That is, if after using these items, they generally eat them. 

Feel safer already? The Consumer Product Safety Improvement Act  became law on August 14, 2008 and it dramatically changes the way we regulate children’s product safety.  After several toys from China were recalled in 2007/8 for high levels of lead, Congress wanted to do something – anything — so it did. And went way overboard.

Until then, the Consumer Product Safety Commission focused only on products that posed an actual threat to your child’s safety – things like faulty car seats, or toys with small parts that could break off and cause choking. Under the new law, Congress imposes arbitrary standards that require the manufacturers of pens, shoes, t-shirts, ATVs, bikes, books, backpacks and toys to “prove” the safety of their products, and label them a new way.

 It sounds like a good idea to prove your product is safe before it hits the shelves. But because the law now covers every single product made for children up to age 12, many products well-known for being safe –  books! socks! — are being regulated for the very first time. Huge wasteful costs are being imposed on all of these products.

Think about it: Less than 0.01% of all children’s products are recalled in a typical year. But now the other 99.99% will have to prove their safety first.  Guess who pays for this? 

The cost to you will be high – in more ways than one.   Not only are prices inevitably going to rise to pay for all this testing and labeling, but many of the products and companies you depend on may go under or leave the market. Small businesses, yes, including ours – we make math toys for schools — are threatened by these needless new costs.

The law also makes it difficult and risky for Goodwill, the Salvation Army and other charities to sell or give away used children’s products, because merely by selling something with plastic or old ink, they might be breaking the law. Thrift stores are reacting to the new regulations by closing their children’s departments. Some have actually THROWN OUT any children’s books printed before 1985. That’s when printing ink still included lead – which might be a problem if children sat down and ate books, page by page, but is no problem at all if they just read them.

 The law of unintended consequences is certainly at work here.  Small businesses like ours have screamed for relief to no avail.   The cost of pre-sale testing alone may force many out of business. Shoemakers don’t know why children need to be protected from licking the soles of their shoes, and pen companies worry that kids won’t be allowed to use ballpoint pens in the future. After all, there is some lead in the tiny ball that could, conceivably, be extracted and eaten by a child with strange tastes and a pair of microscopic, needle-nosed pliers.

 Meantime, some libraries have even cordoned off their children’s books, presumably to keep kids from licking their Green Eggs and Ham.  And guess who encouraged them? The current Acting Chairman of the Consumer Products Safety Commission!  

This safety controversy has made our country an international laughingstock.

Supporters of the law think it is “better to be safe than sorry.” I suppose if eating your dirt bike is a real risk in your household, they could be right. Sadly, Congress thinks we’d best prepare for any eventuality, no matter how tiny the danger, and how unlikely it is to occur.  If you want to express your concerns to Congress about this far-reaching, ill-thought-out law, click here.

If you are a child: Please do so with your finger – and NO LICKING!

 — Rick Woldenberg, Chairman, Learning Resources, Inc., Vernon Hills, Illinois

rwoldenberg@learningresources.com

 

P.S. Lenore here. A friend just sent me this great (if long) article about the same topic, and how crunchy, all-natural toy makers find themselves strangely allied with stalwart Republicans in opposing this new, excessive regulation: http://www.reason.com/news/show/133228.html