http://www.kvue.com/news/top/stories/01 ... a87af.html

Anyone heard anything else about this? Sounds like it could be rather disastrous to our hobby if it's legit.

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i thrue , i saw it this morning and thought the same thing , but im sure there will be a "collectible only sale " now , or "this item not for sale to minors" kinda thing , the thing that bothers me most about this is why are toys the only target? everything you buy is made in china , everything., so if this gose through in a worse case senerio , you would have to get rid of everthing you have ever bought , before next month?????? But this will hurt poorer peolple and the "single" moms that buy stuff from the re-sale shops and there owners, then what do you do with all of the stuff you cant sell? or even give away? .landfills would be overrun in days , then we have to do shot a giant trash ball to the moon or something , i miss the 80's......

This is another one of those kneejerk reaction laws born out of panic. It will be almost impossible to enforce and is impossible to understand. You will see more toys labled as "Adult Collectible" to get around the "Ages 12 & Under" restriction of the law.

A stupid and unenforcable law, thanks Mattel!

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This would explain why on one site (can't remember which now, sorry), I noticed a prominent disclaimer stating something like "This item is not intended for anyone under the age of 13" even though the the packaging itself said "ages 5 and up".

I guess I am a skeptic...could someone provide me with a link to the actual law that was passed? Just because the media says "a law was passed" doesn't me squat to me. I would love to see a citation to the Federal Register or the Code of Federal Regulations.

*Jimmy steps down off lawyer box*

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This might explain why everything on BBTS.com is now labeled for collectors...

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BBTS has this disclaimer on most if not all of their listings I've noticed in the last couple of weeks.



Not sure if it's directly related to this assinine law or not but the timing is interesting to say the least. Just started noticing this the last couple of weeks or so.

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As for how it pertains to us
isn't anybody registering on this site asked their age?
Theoretically,
If the person is not lying, we can check if they are old enough to make such a purchase when we post in the trades section?
If they are lying well, I am not sure if there is common law precedent and what the legal ramifications are.

Paging DrBindy, Paging DrBindy.

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I couldn't find it on CPSC.gov I'm sure it's there, just didn't know what to look for, but I did find this:

http://www.eapdlaw.com/files/News/0620c ... ection.pdf

it's a PDF, so it might take awhile to load

I'm pretty sure ebay will fight this big time, can't they just restrict the resale of known items? Isn't there a warning that used to pop up on ebay about recalled items anyway?

I think we'll be okay as long as when we try to re-sell our stuff it's labeled as "collectible" and "not intended for children" -- what this'll really hurt is the used children's clothing businesses and the poor parents who are dependent on them. Like was said, this is nothing more than a kneejerk reaction to a limited (if serious) problem. Sort of like using an elephant gun to kill a mouse.

Well, being a lawyer, I have to first set forth the necessary disclaimers and caveats that say my opinion means sh*t until I get the chance to read the actual law, bill, or regulation. lol. Sad but true.

The skeptic in me wonders why this one news station is all over this new law, and we've not heard a thing about it until this time? I guess what I'm saying is that it seems like there is a lot of potential for speculation as to what is actually affected. Without seeing it firsthand, we don't know what the exceptions to the rule might be, and we don't know what grandfather clauses might be in play, etc... I really doubt that such a law would sneak up on so many people who have so much at stake, without more room for debate in advance.

And talk about a nice way to stick it to the wrong guy, if it is true, rather than sticking it even further to those who chose to get this stuff made in China to begin with.

Ras - on your specific question, I really can't see a law like this, even if legit, trickling down to the level of trades we have here, or at garage sales, flea markets, etc... The term "re-sale" would likely be limited to some commercial setting (hopefully not even then), but the regulation of such a law would be hard to fathom at the person to person level of resale.

As for trading here where we have ages available, yes if someone says they are 18 and you trade them an action figure, I really can't imagine this law affecting the seller, unless you had reason to know the buyer was really 8. The legal term would be fraudulant inducement - that's why you wouldn't be liable, unless you knew the real age. And if someone lies to get the item, then they've also assumed the risk on whatever "Dangers" await.

I remain skeptical about the implementation of this though. Haven't had the chance to do any digging yet.

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Yeah... I don't see police offiecrs enforcing this. I don't see many of them UNDERSTANDING this. This law won't be enforcable, or even have a means to be regulated, as personal sales are personal sales.

Funny, really, they're scared old products MAY have lead in them, but no one's calling for manufacturing to relocate, considering the lead paint scare has a chance of happening again. The Chinese government certainly won't do much anything.

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From this article, it really doesn't seem to focus heavily on the resale angle, but the fact that retailers would have to clear their shelves of non-compliant items by February could be a big hit to some. Though if I recall correctly, manufacturers and importers had notice by November of this deadline, so compliant products could already be on shelves...or there could be some big time clearance sales at the end of the month (though most distributor agreements would allow for the items to be returned perhaps for proper certification).

This is the only blurb (again, from the summary, not the law itself) pertaining to the resale of items:


If this applies only to banned or recalled products, then it shouldn't be a big deal.
The problem here is I still can't tell you what is meant by "any products that violate product safety regulations." If this means any items without the new certifications, then yes, it could be as bad as it sounds, crazy as that may seem.

This sounds too attorney like, I am sure, but they also need to set forth what is meant by resale. Perhaps the law itself does. It's not automatic that private resale would be restricted.

But it does seem VERY clear that this is the reason BBTS and others have started making their new age disclaimers. Therein lies the loophole that will save our little piece of this pie (theoretically). Perhaps the marketplace section can have a simple disclaimer at the top indicating that all trades or person to person sales are of collectible items intended to be used by adult collectors only, and are traded are sold herein only by adults.

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Here is another article that mentions the law, but discusses how it affects the Clothing industry:

http://www.fashion-incubator.com/archiv ... uptcy-day/

The problem with this law that I see, is that all those mom and pop stores out there that sell used baby cloths and toys will get shut down. Us collectors and the online community will not be affected as much by the law sense we are "adults" and there is no way really for them to track online trades, personal sales, ect.

E-bay on the other hand, I am not sure how they will handle it, unless they go the BBTS route and put disclaimers on. And don't you have to be 18 to buy on e-bay? (its been so long sense I have read it.)

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I believe so, now that they have that idiotic Paypal Only payment requirement.

From what I read, this will only apply to toys made after September 2008. Vintage stuff is unenforcable.

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