Product Safety\'s Own Worst Enemy contributed by Kevin M. Burke, American Apparel & Footwear Association

1. EXCLUSIVE FEATURE
Product Safety’s Own
Worst Enemy
contributed by Kevin M. Burke, President & CEO, American Apparel & Footwear Association,
kburke@apparelandfootwear.org
WARNING: The topic of the
article you are about to read
has been known to cause
severe discomfort and
nausea. Use extreme
caution before proceeding.
With a warning label like that, I am sur-
prised you are still reading.
Proposals for warning labels like this
are just one of the many headaches —
disguised as solutions — spurred by
the product safety debate raging in the
United States, and elsewhere. Other pro-
posals include increased reporting of
chemicals, more intensive testing, and
expanded enforcement, and legislators
rushing to “improve” product safety regimes.
The end goal — to make products safer
— has been masked by the many lay-
ers of bureaucracy and burden that are
imposed upon the business community.
Compliance with these excessive regu- essarily unforgiving in regulating the apparel component of every product intended for
latory hurdles often does more harm than and footwear industry — an industry that any child 12 and under no matter of the
good and does not necessarily result in historically has been safe. risk of exposure. Finally, a burdensome
safer products, especially when the prod- While we agree that a lead standard onus was put on the manufacturer to ver-
ucts were already safe. for children’s products is necessary, the ify that every product satisfactorily met
We all remember 2007 when the news impact went far beyond intentions and the lead standards.
was dominated by episodes of pet food stymied our manufacturing processes. Even worse, at the time the CPSIA
recalls and imports of toys contaminated First, the progressively stricter lead stan- went into effect, the CPSC was under-
with lead paint. In response, Congress dards set were arbitrary limits not based staffed, under budgeted, and had only
acted to revamp the nation’s product safety on any known “safe” level of lead. Some two commissioners to guide enforcement
system to ensure that contaminated prod- of the new lead limits may not even be efforts. As the agency responsible for
ucts would never again be placed on store technologically possible for industry to implementing the CPSIA, the CPSC needed
shelves. The resulting Consumer Prod- obtain in certain products or materials. greater resources and all five commis-
uct Safety Improvement Act of 2008 Second, the phase-ins were designed sioners. Thankfully, the CPSC’s budget
(CPSIA) was well-intended and has brought to be retroactively applied. Under these has expanded some, and for the first time
about many positive improvements to con- contradictory provisions, even if a prod- in over 20 years five commissioners are
sumer product safety, such as fully fund- uct was compliant — and therefore “safe” now seated at the CPSC.
ing the Consumer Product Safety — before a phase-in date, it could be As we mark just over one and half years
Commission (CPSC). But the legisla- deemed “unsafe” once the date passed. of implementation of the CPSIA and
tion also has resulted in many unforeseen Third, there was no built-in flexibility. one year since the first major reduction
consequences, and it has been unnec- The CPSIA was to be applied to every in lead limits on February 10, 2009, small

2. EXCLUSIVE FEATURE
victories have sustained an industry strug- product safety decisions. Only our com- ing through the many challenges that have
gling with its ramifications. Through per- plete understanding of upcoming changes beleaguered our industry.
sistence, the American Apparel & Footwear will help us survive. Based on industry feedback, the CPSC
Association (AAFA) has served as a con- Through AAFA’s continued publica- submitted a report to Congress just over
sistent voice for positive and meaning- tion of our free semi-annual Restricted one month ago expressing its own frus-
ful improvements to both the CPSIA Substances List (RSL), the industry has trations with the CPSIA and its lack of
and product safety in the apparel and access to all the international chemical clarity and flexibility. The report itself
footwear industry. regulations that apply to apparel and contained the bipartisan unanimous rec-
For example, apparel and footwear footwear products. This has been a crit- ommendations of the Commission on how
industry stakeholders have been able to ical tool at the cross section of product to facilitate a more orderly implementa-
demonstrate that textiles and fabrics do safety and sourcing. With more than 97 tion of the CPSIA and provide the CPSC
not contain lead, therefore reducing the percent of apparel and 99 percent of with greater enforcement capabilities.
third-party testing and certification needed footwear sold in the United States each In the Commission’s report, there were
for apparel and footwear products. Fur- year produced internationally, knowledge two significant requests to allow for bet-
thermore, AAFA has worked with the CPSC of these regulations has been a great ben- ter enforcement of the CPSIA — two requests
to issue a stay of enforcement for the third- efit to the industry. that AAFA fully stands behind. First, the
party testing and certification provisions Despite industry’s progress, we still CPSC is seeking greater flexibility within
of the CPSIA with regard to certain stan- have work to do to streamline product the lead exemption sections of the CPSIA
dards that apply to apparel and footwear. safety regulations. Doing business in so that the Commission can grant exclu-
As a result, the producers of children’s states such as California and Illinois means sions from the lead content limits for prod-
apparel and footwear have been able to compliance with CPSIA is not enough. ucts that are not compliant because they
use their own testing programs to ensure State regulations, particularly California’s exceed the lead standard but are safe
compliance while the CPSC works to issue Proposition 65, have significantly bur- because they do not pose a risk of lead
critical testing guidance. dened interstate commerce with inde- poisoning for children. Second, the CPSC
While this stay of enforcement is tem- pendent warning label and chemical content also requested that the 100ppm stan-
porary, the industry has benefited from requirements. Additionally, prompted by dard that goes into effect August 14, 2011
the time it has allowed us to build pro- the recent headlines about cadmium in be applied prospectively instead of retroac-
grams to comply with these new regimes. children’s jewelry, many are eager to reg- tively. By granting these two requests, Con-
It is important that the industry use this ulate cadmium — the “new lead” — in gress will demonstrate that it is serious
time wisely. children’s products. Who knows what next about achieving meaningful improvements
Since the CPSIA entered into force, season’s “cadmium” will be? in product safety with the business com-
AAFA has launched an aggressive edu- Experience has taught stakeholders, munity as full partners in this effort.
cational outreach program in the United including regulators, how to better imple- As the CPSC urges Congress to make
States and abroad aimed at teaching the ment product safety regulations going for- needed adjustments to the CPSIA, the
industry about product safety. In our indus- ward to achieve the goal of improved U.S. apparel and footwear industry remains
try, product safety is engineered into prod- product safety without setbacks in public committed to making safe clothing and
ucts during the design phase. While the health. Heeding the comments relayed shoes for hardworking American families.
CPSIA only concerns itself with the end by AAFA and other product safety stake- Product safety is a priority for our indus-
product, we have to keep our supply chain holders over the last year, the CPSC is try and our consumers and we do not
at the front of our minds when making hopefully on its way to constructively work- let our consumers down.
About Kevin Burke
Kevin M. Burke is the president and CEO of the American Apparel & visits by association member executives with members of Congress, as
Footwear Association (AAFA), headquartered in Arlington, VA. Since well as fundraising and advocating on behalf of members to lawmakers
Mr. Burke joined the AAFA in June 2001, AAFA has grown its and the administration.
membership base, its member programs, its financial position and its Burke also worked as a legislative assistant, and later, press
standing on Capitol Hill. secretary to Representative Norm Lent (R-NY). He began his career in
Burke is a career government relations professional with 30 years 1979 at the Republican National Committee and the Reagan-Bush
of experience in Washington. He previously served five years as vice Presidential Campaign.
president, government relations, for the Food Distributors International, Burke currently serves on the Boards of the American Apparel
a trade association representing wholesalers of food to independent Education Foundation, Boys Hope Girls Hope, the Congressional
grocers and restaurants. Burke was responsible for all aspects of the Institute, the Fashion Institute of Technology’s Educational Foundation
association’s outreach to Congress and the federal agencies on issues for the Fashion Industries, the International Apparel Federation, Kids In
ranging from ergonomics to tax law and more. He also significantly Distressed Situations, and the U.S. Chamber of Commerce’s National
expanded the scope of the association’s political action committee. Chamber Foundation. He is also a member of various political and
From 1987 to 1995, Burke was vice president of government trade association CEO groups in the Washington, DC area.
relations for the American Bakers Association. While there, he spoke Burke received a master’s degree in public administration in 1983
on behalf of wholesale baking companies on legislative and regulatory from the American University in Washington DC. He also holds a
issues, ranging from family/medical leave to transportation policy. bachelor’s degree from the State University of New York at Brockport.
Before that, Burke managed the government relations office of the Married, with two children, Burke resides in Great Falls, VA, and
National Association of Broadcasters. This role included coordinating enjoys golf, biking and running.
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