Open Letter to President Obama

  • August 2, 2012

Today, in our effort to fight the CPSC, we’ve taken out a full page ad in The Washington Post appealing to President Obama and our legislators to help us save our small business. We’ve also taken out half page ads in The Hill, Politico, and Roll Call.




The support shown to us by our thousands of fans, customers and various press outlets has been overwhelming. Now, it’s time to get the attention of the people in Washington. We need those in power to listen to our appeal and to do the right thing. We need their help to Save Our Balls!



You don’t have to live on the Hill to get the inside scoop. See what we’re saying to President Obama and our legislators here, and be sure to visit www.SaveOurBalls.net to learn about how we’re standing up to the CPSC.



Thanks for your continued support. We really do have the best Buckin’ fans in the world!


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Open Letter to President Obama:
Help Our Small Business Be Treated Fairly

 

Dear President Obama:

 

I know that you support small business.

And now I need your help to save ours from being shut down by the Consumer Product Safety Commission (CPSC).


In 2009, I started our business, creating a product called Buckyballs®, a stress-relieving product marketed online to adults. The national media raved about Buckyballs® and from a two-man startup we became the most popular adult gift brand in just three years.Our business exceeded every expectation an American entrepreneur could have had.

Now, the CPSC has sued us, alleging our products are defective because sadly a handful of children, out of millions of units sold, have found and misused them. What is particularly unfair is that the CPSC preemptively contacted our retailers and intimidated them by asking them to “volunteer” to stop selling our products, effectively dismantling our retail business in just a few days. The CPSC issued a press release that most retailers and the general public interpreted as saying that our products had been banned, when in fact they are still perfectly legal to sell. And the CPSC did this all before even legally serving us with their lawsuit.


We never had a fair opportunity to defend our products, company, or safety program.


Over the past two years, the CPSC didn’t dispute that our products had the proper warnings or safety program in place and even acknowledged that our products are safe for adults and should not be given to children. In fact, they have commended us for our warnings, safety program, and educational website: www.magnetsafety.com. But suddenly, the CPSC says that warnings aren’t good enough anymore and they simply want us to go out of business, thereby eliminating the jobs of our employees, sales reps and some retailers.


The same agency that relies on reasonable warnings for many other products in the marketplace now believes the American public can’t be relied upon to heed the warnings on our products.


The CPSC can’t have it both ways.


Our products have five warnings repeated on the packaging and instructions.


This absurd contradiction would seem to undermine the CPSC’s reliance on warnings for numerous other products that cause far more injuries and even deaths every year. Products such as balloons, button batteries, ATVs, fireworks, drain cleaners, detergent pods and many, many others that are potentially harmful yet remain for sale with warning labels.


Not only does our vigorous safety program work, but it surpasses that of many other products and industries.


We do not understand why our products, marketed exclusively for adults and with so few injuries, have suddenly been raised to the very top of the CPSC’s action list to become the target of the first litigation of this type filed in 11 years.


It feels unfair, unjust, and, well, un-American.
We will fight back vigorously. But we sure could use your help.


Our adult customers and online community of hundreds of thousands of supporters love our products and don’t want them taken away by the CPSC.


We ask for your help in ensuring that our products are treated just like any of the thousands of others regulated by the CPSC that are potentially harmful if misused and yet are allowed to be marketed, so long as they bear a proper warning label.


It’s just not right, Mr. President.
Thank you in advance for anything you can do to ensure we are treated fairly.


Respectfully,

Craig Zucker
Co-Founder & CEO, Maxfield & Oberton