Business

‘Penalty of Law’: Meet an American Entrepreneur Who Is Battling Gov’t Red Tape (Via a Maternity Pillow)

Meet Kerri Smith. Kerri’s an American entrepreneur.

During her first pregnancy, Kerri came up with the idea of The BellyRest, an innovative twist on maternity support pillows.

“One day, when I was feeling particularly tired of being tired,” Kerri writes on her product’s website. “I thought, ‘What if I took this pillow, cut it in half, and attached the two pillows with a piece of fabric in the middle so that I’d have a pillow waiting for me on the other side?’”

And that was how her “BellyRest” was born.

Pillow Tag Requirment Stifles Kerri Smith, Inventor of The BellyRest“I slept better immediately. The pillows stayed in place when I rolled over, and it hardly took up any real estate in bed. Plus, I found that having a pillow behind me and in front of me supported my lower back and my belly at the same time, reducing my hip pain,” she writes.

“It’s not rocket science, but to a pregnant woman who isn’t sleeping, it’s life changing,” she adds.

Sounds like a good idea, right? Right.

In fact, it seemed like such a good idea, Kerri decided to turn her invention into a profitable, marketable product and sell the BellyRest online. But then she ran into a problem: government red tape. You see, in order to sell the pillow online, Kerri needs to comply with multiple “pillow tag laws.”

Pillow Tag Requirment Stifles Kerri Smith, Inventor of The BellyRest“I was ready to sell [the “BellyRest”] online when I found out that I’d have to pay state pillow tag registration fees. No big deal. I paid my $50 to PA and thought I was ready to go. Then I learned that I’d have to pay pillow tag registration fees to all 15 states that require law tags on pillows,” Kerri told TheBlaze in an email.

“The fees range from $5-$720 per year. The first year total is $3,660. (Then another $1k in filing fees to have a company help me keep track of the registrations.) $4,660 just to be allowed to sell a pillow on the internet,” she added.

Even more frustrating is the fact that Kerri has a factory in the U.S. lined up and ready to produce the pillows.

“It’s extremely important to me that my product … be made in the USA. I grew up in metro Detroit and watched what used to be the manufacturing powerhouse of the world, close up factories and send jobs overseas, and how did that turn out?” she asked TheBlaze.

Indeed, Detroit, how has that worked out for you?

After the initial shock wore off, Kerri decided to be proactive. She launched an IndieGoGo “crowdfunding” campaign, which ends on Aug, 14 at 11:59 PM (PT), to pre-sell enough pillows to cover the costs of the registration fees. She even put together a protest video featuring her and several (pregnant) moms. What’s the protest video like? Well, if you’ve ever wondered what a prison yard full of pregnant women rapping looks like, here’s your answer:

Why are American entrepreneurs being forced to fight this sort of regulatory environment?

“I’m all for consumer protection, but there has to be a balance. There is much greater accountability now between companies and consumers. Consumers won’t let you get away with a shoddy product. Consumer protection at the expense of American jobs and manufacturing doesn’t benefit anyone,” Kerri told TheBlaze.

But let’s say 15 states worth of fees and tags is doable for Kerri. What happens when other states adopt similar regulations?

“The annual average for law tag registration fees is 183.33 for the existing 15 states that require law tags. If 35 more states required manufacturers to pay an average amount for a registration fee, it would be $6416.35, annually. Add that to the current fees and a manufacturer would be required to pay $9166.55 annually to be allowed to sell a pillow in the US,” Kerri said.

“That’s insane. That would absolutely put small manufactures right out of business. And imagine what will happen to the price of the pillow you sleep on at night. No more $5 pillows at Target,” she adds.

But are the regulations and registration fees bad? Yes. Yes, they are that bad.

Pillow Tag Requirment Stifles Kerri Smith, Inventor of The BellyRestIf you’re wondering why small businesses in the U.S. are struggling and what’s holding back our economy, consider Kerri’s story.

“First there’s the totally ludicrous amount of money paid in government red tape fees, not to mention the administrative nightmare.  Every state and municipality can set up their own fee schedules.  Currently, some are due annually on January 1, some are every two years, some are every three years, some are June 30, some are April 30, and some are December 31,” Kerri said.

“If anyone wonders where the mom and pop manufactures went, I’m certain these fees are a factor. I’m all for consumer protection, but this is over the top,” she adds.

Final Thought: Even though government has become an overbearing burden to many of our nation’s creators, American entrepreneurs are a little tougher than most people realize. That much is evident in how Kerri has responded to the regulatory challenge. Instead of simply giving up, she has launched a full-fledged campaign for the right to bring her product to market.

Still, imagine how much more America’s entrepreneurs would be able to accomplish if only the government would take its “boot off their throats.”

Kerri’s campaign ends on Aug, 14 at 11:59PM PT, click the link below for more information:

Follow Becket Adams (@BecketAdams) on Twitter

Comments (142)

  • hi
    Posted on August 7, 2012 at 10:56am

    http://www.sba.gov/content/minority-owned-businesses#Federal Programs and Resources

    Can’t you get help/a pass since you are a minority (female) business owner?

    Report Post » hi  
    • Detroit paperboy
      Posted on August 7, 2012 at 11:55am

      The only entity that has ruined our industry, outsourced our jobs and indebted our children to red china, IS THE CRIMINAL FEDERAL GOVERNMENT…….PERIOD.

      Report Post »  
    • Ari Ben TZion
      Posted on August 7, 2012 at 12:18pm

      Support Chick-fil-A.

      Close your Amazon account and ask others to do the same.

      Put Amazon on the endangered species list.

      Amazon’s founder, Jeff Bozo has pledged $2.5 Million dollars in support of same-sex marriage in retaliation to Dan Cathy.

      Mr Bozo is willing to use his wallet to take a stand so let us do the same.

      Report Post » Ari Ben TZion  
    • Walkabout
      Posted on August 7, 2012 at 12:32pm

      “The fees range from $5-$720 per year.

      Tags should range have such a large range. Processing costs in an organization should not cost more that $25 to $50. $720 dollars sounds like a barrier enacted by statist corporation or by greedy government officials.

      The internet is supposed to have brought down costs.

      Do people really pay attention to tags anyway?

      http://www.ehow.com/facts_6186284_effect-warning-labels-consumers.html

      Report Post »  
    • BJC
      Posted on August 7, 2012 at 12:55pm

      I doubt she could get any help because she looks like a “white” woman!

      Report Post »  
    • Anonymous T. Irrelevant
      Posted on August 7, 2012 at 1:24pm

      Can someone explain to me why pillows and mattresses HAVE tags that are not supposed to be removed? Is it just a legal disclaimer to disavow any liability to any stupid people like Marybethelizabethbethbeth who want to sue, because they tried to cook the pillow and eat it?

      Report Post » Anonymous T. Irrelevant  
    • THETAXMAN
      Posted on August 7, 2012 at 5:55pm

      Detroit Paperboy:
      You are half right! You are leaving out the criminal State, County and City governments. They all think that creating and passing new laws, rules and ordinances are their main job, thus making the perfect the enemy of the good.
      When studying the “big picture” you will see that all political parties have dirty hands. The politician becomes corrupt soon after winning office and reelection makes him worse. Politicians should become the human equivalent of the male black widow who having done what they came for is killed by the femal and eaten. Anybody willing to die for their office, deserves it!

      Report Post »  
    • Rothbardian_in_the_Cleve
      Posted on August 7, 2012 at 7:28pm

      The federal government didn’t cause this issue.

      Report Post » Rothbardian_in_the_Cleve  
    • Tree_Butcher
      Posted on August 7, 2012 at 8:27pm

      This is America, she shouldn‘t have to get a ’pass’ like a permission slip to do business, nor should anyone else here.

      Report Post » Tree_Butcher  
    • MacJedi
      Posted on August 7, 2012 at 10:33pm

      AMERIKA! WAKE UP!!!! You have TOO MUCH GOVERNMENT. The most absolute requirement of any organization or enterprise is >EFFICIENCY<. We have more agencies and departments that any one person can come to grips with. That is clearly TOO MUCH GOVERNMENT.

      Report Post » MacJedi  
    • txdave22
      Posted on August 8, 2012 at 6:15pm

      Pubs, don’t you gotta love those frisky critters? Check senior bush and romney advisors………lot of this going on in GOP: ——————————————Parker J. Bena was a Republican activist and a key player in the campaign to elect George W. Bush as President. Bena was charged and later pleaded guilty to possession of child pornography and lying to the FBI. Bena reportedly told the feds that he had received an unsolicited e-mail containing pictures of children (some as young as three years old) performing various sexual acts, but agents learned that he had in fact voluntarily entered a number of child pornography websites and downloaded the images himself. This is said to have involved acts with children as young as 3 years old, on his home computer. Parker J. Bena was sentenced to 30 months in federal prison and fined $18,000. Source: DemocracyUnderground.com

      Louis Beres is a past chairman of the Christian Coalition of Oregon. Three of his family members accuse him of molesting them as children, when they were pre-teens. In an Editor and Publisher article, in August 2006, Beres confessed to the accusations facing him. The Portland Mercury

      John Bolton, President George W. Bush’s highly contested appointee ambassador to United Nations is suspected of forcing his former wife to be involved in unsavory group sex acts. Corroborated allegations that Mr. Bolton’s first wife, Christina Bolton, was forced to engage in group sex have not been refuted. TRUE

      Report Post »  
    • endthemindlessspending
      Posted on August 8, 2012 at 7:25pm

      @TXDAVE22

      The sooner we learn that we only have one party we are voting for that has dramatically lost its way, the better off America will be. The Democratic-Republican-Party used to fight for small government. Now we have the Democrat party and the Republican party both cramming regulations and taxes down our throat.

      http://law.jrank.org/pages/6058/Democratic-Republican-Party.html

      Report Post »  
  • Ted Zeppelin
    Posted on August 7, 2012 at 10:48am

    These pillow tag laws are written by Democrats who are pimps for government employee unions. These politicians must create every way possible to extract money from every conceivable source to fund the union demands for over generous wages, golden benefits, platunim retirement with never a speck of accountability.

    Goverment employment is the sanctuary for the lazy and incompetent and the ultimate form of welfare.

    Report Post »  
    • eagle2715
      Posted on August 7, 2012 at 11:57am

      Crony “capitalism” at it’s finest…

      Report Post » eagle2715  
    • BehindBlueEyes
      Posted on August 8, 2012 at 6:01am

      Ted you used a key word “accountability” and hit the nail on the head. That is a major problem with government, no one is held accountable and they certainly don’t have to show a cost/benefit for their services. The government does nothing to eliminate incompetent employees and unnecessary services. Its now so corrupt and incompetent it is beginning to implode.

      Report Post » BehindBlueEyes  
  • Detroit paperboy
    Posted on August 7, 2012 at 10:28am

    I also grew up in Detroit, I went there last week, it is hell on earth, a bombed out war zone, and the DEMOCRAT party is 100% to blame…….every Democrat should be required to spend a week in Detroit……and they still wouldn’t admit what caused the damage….it is unreal.

    Report Post »  
    • the_system_disconnect
      Posted on August 7, 2012 at 10:44am

      I’d buy a pillow, but I’m not sure when it will actually arrive. My wife’s due in November…

      Report Post » the_system_disconnect  
    • Kerri_Smith
      Posted on August 7, 2012 at 3:30pm

      @The_System_Disconnect – early backer pillows will ship by August 21. All of the other pillows should ship by the end of September.
      @Detroit Paperboy, yeah it’s rough. I take I-75 back to my hometown and drive right through. It’s sad. I always take home a case of Vernors and it seems to make me feel a little better.

      Report Post » Kerri_Smith  
    • Rothbardian_in_the_Cleve
      Posted on August 7, 2012 at 7:29pm

      Nope. It‘s the voters’ fault. They kept voting for it year after year. You get the government you deserve. Don’t feel one bit of sympathy for them. (Same for Cleveland).

      Report Post » Rothbardian_in_the_Cleve  
    • Tree_Butcher
      Posted on August 7, 2012 at 7:50pm

      Regulation/taxation and profitability have an inverse relationship. This was eloquently illustrated in the Founder’s principles:‘The power to tax is the power to destroy’. Taxes are always punitive to the company/individual being taxed, and the burdensome regulations… it’s a wonder that there are businesses left in the US to tax.

      Report Post » Tree_Butcher  
  • Individualism
    Posted on August 7, 2012 at 10:15am

    big business bribed goverment to pass this legislation to stop competition, basically fascism. corporate owned goverment.

    Report Post » Individualism  
    • VinnieSquawker
      Posted on August 7, 2012 at 10:29am

      Channeling Fletch: Didn‘t want to pull rank on you but I’m with the Mattress Police. There are no tags on these mattresses…Joke!

      Report Post » VinnieSquawker  
    • johnjamison
      Posted on August 7, 2012 at 12:42pm

      Goes back to the FDR who implemented alot of cronism to protect his supporters to keep campaign donations flowing into his re-election. Look at a company like CARLILSE RUBBER and how FDR regulated them out of business and pumped up firestone tire at the same time.

      Report Post »  
  • patriotinoh
    Posted on August 7, 2012 at 10:11am

    I am in the steel industry. Government regs have driven many steel producers as well as other heavy industry out of the country. Between the E.P.A. and OSHA we are very non competitive with companies in other countries. If Obama is re-elected I fear we are finished. When the remaining people that have good jobs and pay taxes are unemployed and there is no one to pay for the hand outs it is going to hit the fan big time!

    Report Post »  
    • taxpro4u03
      Posted on August 7, 2012 at 5:46pm

      People are ‘still’ under the misconception that ‘taxes’ “fund” ANYTHING — (where you think the $16trillion CORPORATE debt COMES from? – it is FIAT ‘money’ — Post to 1933 – banking holiday — lQQK at the ‘taxes’ and ‘licenses’ as they have PROGRESSED over the last 80 years — FDRs FOUR TERM legacy.) — HISTORY on the very ‘issue’ of ‘taxation’ should shed a lil light on stuff — start HERE —> http://www.apfn.org/apfn/bcolony.htm {trust, but VERIFY. Due Diligence is non-delegable} — Then go here —–> http://www.apfn.org/apfn/queen.htm yes — the sites are ‘dated,’ but the information they contain is still relevant. They aren’t “opinions…’ they are verifiable truths — something a dumbed down society has labeled as ‘cognitive dissonance’ — ANY discourse based on a false premise once demonstrated is both a waste of time and valuable energy. :-) We can agree to disagree; ‘Taxes’ pay for nothing – they are fake-fiat fed RIGHT into the coffers of the banks that ‘borrowed to lend to “pay” debt slaves’ to begin with… — for you bidness owners who actually still USE a paper trail — flip that tax payment check over and see ‘who’ endorsed it> (the Federal Reserve is domiciled in the DOMINICAN REPUBLIC) — huh. Amazing… :-)

      Report Post »  
  • Melika
    Posted on August 7, 2012 at 10:08am

    I understand the tag rules are there to line pockets and presumably protect customers who regularly never look at them, but why don’t the states have a reciprocity program in place? Presumably they are all covering about the same kinds of information, why not petition the states to cooperate with each other and honor the other state‘s tag approval like we do with driver’s licenses and such? It‘s certain that a PA resident won’t be able to get KS to drop the requirement for their residents and businesses. Why should they listen to a resident so far removed? However, the state of PA can enter into multiple agreements with other states. It’s good for business in all states and benefits each – they still get funds, the tags are uniform and in place, and businesses aren’t burdened with ridiculous amounts of paperwork and fees.

    Report Post »  
    • Chrison
      Posted on August 7, 2012 at 3:25pm

      @MELIKA: Good idea, but it’ll never happen. Why?

      1. Getting states to cooperate on *anything* is like herding cats. This is just one (crazy!) example of businesses having to deal with multiple regulations across states.

      2. Contrary to you claim, the states will *lose* money by recognizing each other’s tags. Now, this lady has to pay *every* state the fee. If the states were to recognize each other’s tags, only *her* state would be able to collect the fee and then all other states would recognize it.

      The REAL solution here is for governments, BOTH state and federal, to get the heck out of the way of business! Is there *really* a need for these tags (and the accompanying fees) to be required on every pillow sold in America? Probably not! Is there *really* a need for the myriad of so-called “consumer protection” laws and regulations that do nothing more than cripple American businesses and encourage them to ship jobs out of the country? Probably not!

      Until Americans wake up and start demanding that their governments get OUT of everyone’s lives except where absolutely necessary (e.g. national defence, border protection, etc.), this trend of strangling individual liberties will continue.

      Report Post »  
    • Rapunzel
      Posted on August 7, 2012 at 4:36pm

      This is a prime example of something that is within Congress’s power to act under the Constitution – to regulate commerce among the states!

      Report Post » Rapunzel  
    • Puddle Duck
      Posted on August 7, 2012 at 10:26pm

      Americans have woken up, the ones that suppirt the TEA party anyway since “getting Gov’t out our way” and going back to the basics (one of the TEA Party platforms) are one and the same.

      The TEA party movement has had a majpr impact on other nations suffering under “progressive insanity” so much so that there is a number of movements organinizing in those nations. The EU may be too far gone to turn it around but other nations (that are free) are working hard to follow the TEA Party’s lead.

      Report Post » Puddle Duck  
  • red_white_blue2
    Posted on August 7, 2012 at 10:01am

    Pure Insanity, and who sets the amounts of these fees? Who’s regulating that, and do they have an agenda-I suspect the answer is yes.

    Report Post » red_white_blue2  
    • turkey13
      Posted on August 7, 2012 at 10:24am

      It’s all about job security for government employees. They come up with the mess to get recognized and a promotion. My sons have their own construction company. They have 9 diesel trucks – 3 backhoes, mini excavator, large excavator, 2 dozers and 2 front loaders, all diesel powered. I think it was 2 months ago the EPA came up with a new policy and my sons have to take samples of all equipment and send to a government lab at their expense + fill out government paperwork to check for moisture in their diesel.. My sons change out fuel filters and treat all fuel to take out moisture and raise the cetane which keeps fuel injectors clean. Any business like my sons does this already because a clogged injector kcan cost from $87.00 to $310.00 + downtime and paying big bucks for a diesel expert- this is dumb.

      Report Post »  
  • EqualJustice
    Posted on August 7, 2012 at 9:57am

    Paperwork and red tape, fines, fees and required state and federal filings are a small business person’s NIGHTMARE these days. I know, plus it’s costly and time consuming! It‘s tough to keep your head above water and HIRING someone usually costs more than it’s worth, so you just work more hours yourself. Not the best environment for GROWTH.

    Report Post » EqualJustice  
  • QuincySmith
    Posted on August 7, 2012 at 9:51am

    Kerri didn’t do that. Government did.

    Report Post » QuincySmith  
  • marybethelizabeth
    Posted on August 7, 2012 at 9:40am

    It’s best to be skeptical of anyone coming to the far right fringe groups for political support against what they claim is an injustice.

    Think Gibson Guitars.

    I’ve seen it time and again that people and groups that do this are just searching for a malleable audience. Their claims of being wronged usually turn out not to be fact.

    Report Post » marybethelizabeth  
    • randy
      Posted on August 7, 2012 at 10:09am

      God you make me sick.
      Do you come here actually thinking anyone really gives a Rats A$$ what you have to say?
      The problem with this country is people like you.
      I hope you’re happy, because now I’m going to feel sick all day knowing I fed a troll.

      Report Post » randy  
    • listeninginVT
      Posted on August 7, 2012 at 10:13am

      So Gibson, in not wanting to waste even MORE $$ to fight the Gov‘t is now ’guilty’, of what exactly??? The ‘laws’ they supposedly didn’t comply w/ was used as a base overreach to begin w/. I can list numerous instances of Gov‘t going after successful business’( and I’m NOT listing them because they are finally off the radar, I won’t put them back in) because they, personally, didn’t support the status quo and became targeted, Brought up on ridiculous charges of ‘noncompliance’, jumped through hoops to ‘comply’ w/ made up on the spot, only applies to that company, standards, and the gov‘t still wasn’t done, until the companies either went bankrupt or were on the verge, racked up incredible debt or caved in, all these took YEARS to work out, most cases being made at the end that the companies were ‘with in limits’ before the gov’t went after them, but now they are dead in the water, in debt, or gave up, gave in and settle just to make them go away. This is only a ‘fringe’ issue if every business owner is now a ‘fringe’ group.

      Report Post »  
    • Ballot_Box_Revolution
      Posted on August 7, 2012 at 10:38am

      It’s obvious that you have never tried to produce anything or start a business on your own. If there was not so much red tape, I could turn 10 dollars into a million in a few years….Imagine the Tax dollars that could be going to the government to build their roads…

      As it stands now I would need a few hundred grand to pay three different agencies to get my idea off the ground and make it stable. I am broke, and I don’t want food stamps, or a government check, I just want to be ALLOWED to make money on my own.

      Report Post » Ballot_Box_Revolution  
    • Walkabout
      Posted on August 7, 2012 at 12:27pm

      Mary Are You the Elezabeth?

      “But with the new raid, the government seems to be questioning whether some wood sourced from India met every regulatory jot and tittle”

      http://townhall.com/tipsheet/katiepavlich/2011/08/29/priorities_doj_raids_guitar_company_for_illegal_wood

      Tell us Mary is India some little country with backward people & a feeble government that can’t fend for itself against a gargantuan corporation like Gibson?

      Further why is it okay to import word that has been machined for a source company but not un-machined?

      Madagascar had a coup. That does not mean that their customs officers stopped working. Some people insinuate that since there is a coup that everything went kerflouey. Given that Madagascar is exotic & not dangerous how come intrepid reported form the big 3 networks did not go there & investigate? Because it wouldn’t fit the template.

      The bodies of guitars are made of maple. the bridge and frets are made of rosewood or such. So in the last 3 years the Obama administration can chase down piece parts for guitars but not stop illegal immigration.

      Report Post »  
    • Walkabout
      Posted on August 7, 2012 at 12:48pm

      Seems funny that if the government had Gibson dead to rights that they would be satisfied with such a small fine. $300,000 is the cost of 3 to 5 shipping containers of rosewood.

      Seems to me that people like store owners used to pay the mafia protection money all the time even though they had no legal authority. Vichy France obeyed NAZI Germany. Might makes right. Compare the resources that Justice under Holder applied over 3 years to what Gibson could afford.

      Report Post »  
    • Walkabout
      Posted on August 7, 2012 at 1:09pm

      Justice said Gibson has admitted to buying Madagascar Ebony, an endangered tree, for making “fingerboard blanks” to use in the manufacturing of guitars. [19] Gibson purchased “fingerboard blanks,” consisting of sawn boards of Madagascar ebony, for use in manufacturing guitars. The Madagascar ebony fingerboard blanks were ordered from a supplier who obtained them from an exporter in Madagascar. Gibson’s supplier continued to receive Madagascar ebony fingerboard blanks from its Madagascar exporter after the 2006 ban. [14] Gibson, based in Nashville, had purchased Madagascar ebony for the use of manufacturing guitars. [15]

      “Participants on the trip, including the Gibson employee, were told that a law passed in 2006 in Madagascar banned the harvest of ebony and the export of any ebony products that were not in finished form. They were further told by trip organizers that instrument parts, such as fingerboard blanks, would be considered unfinished and therefore illegal to export under the 2006 law.” [5] According to the laws of Madagascar and India, the use of ebony is not illegal as long as fingerboards containing the wood are finished by workers in the respective countries. [40]

      Wrong. It was legally logged — but there is a law in India prohibiting EXPORT of that wood as raw material. Gibson didn’t export it, they bought it, without violating any laws of either the U.S. or India, according to the INDIAN officials who approved the shipment of the wood. [10] In the

      Report Post »  
    • Anonymous T. Irrelevant
      Posted on August 7, 2012 at 1:20pm

      @marybethelizabethsuebethjanebethmichellebethnancybethbethbeth
      This is my last reply to you. I will not waste anymore energy trying to educate someone who will not listen. It’s just a waste of time.

      Report Post » Anonymous T. Irrelevant  
    • nomark
      Posted on August 7, 2012 at 2:22pm

      What you have “seen time and time again” is selective memory. You have an ideology and you look for the stories that fit your preconceived ideas. If you were able to distance yourself from your ideology you’d see a wider picture. This story is the perfect example. It’s a pillow. The fact that a nanny state government has passed laws regarding tags on pillows on it’s face is ridiculous. All of this comes from people who smoke in bed and burn themselves to death. Should we make items out of non-flammable material when available? Yes. Should 50 states plus the US government have a registration process for everyone of these items? No. Should it cost $3K or $10K to register yourself with the various government agencies? No. Does anyone really read these tags? No. In the real world, were common sense lives, it works like this: one company makes a pillow out of flammable material. Another company does not. They advertise their pillow is safer. People by that pillow and the first business changes or is put out of business. Every other company sees this (or knows it from the start) and does not produce flammable pillows. End result: safe pillows free of regulation.

      Will stupid people do stupid things? Yes. Should the rest of the people have to pay for stupid people doing stupid things? No.

      Furthermore almost all regulation is created by those in power to keep those new to the market out. It‘s called protectionism and it’s always a bye-product of a regulation nation.

      Report Post »  
    • RightThinking1
      Posted on August 7, 2012 at 3:25pm

      Marybeth,
      To paraphrase you, I have seen time and again the DoJ bully people into settlements simply because that was the least expensive way out from under the Bureaucrat’s thumb. It happens every day. Cheaper to pay the fine than to try and fight the jackbooted agencies. That is certainly the case here. If you can make a credible counter-argument that Gibson, on the basis of FACT, was in violation of some rational rule, then please do so. I won’t hold my breath.

      Report Post »  
    • TropoTrip
      Posted on August 7, 2012 at 4:09pm

      “The bodies of guitars are made of maple. the bridge and frets are made of rosewood or such. So in the last 3 years the Obama administration can chase down piece parts for guitars but not stop illegal immigration.” WALKABOUT

      …piece parts don’t VOTE!, LOL!

      Report Post »  
    • Puddle Duck
      Posted on August 7, 2012 at 10:45pm

      Just a small correction Walkabout…Gibson uses a lot of Mahogany in it’s Les Paul and SG line…The SG is solid 100% mahogany while the Les Paul is Mahagony body with a 1 inch maple cap on the top and a mahagony neck with ebony fingerboard. The only models to not use maple caps (of the Les Paul line up which in cluded Epiphone) is the 57 Black beauty VOS or original (all mahogany) and the Epiphone Les Paul Custom (which is also 100% mahagony). I own a few Les Paul Customs, had some SG’s and other models over the years. Most of the other brands use swamp ash, basswood, alder, mahogany with maple necks (rosewood fingerboards). Ebony being expensive is rarely used anymore in the Guitar industry…Gibson however is the largest user of such…thier VOS Custom shop line have to be true to the materials used in the original models from the 50′s. Gibson makes you pay dearly for one of thier Custom Shop guitars and I bet some of that cost has to do with paying fees/top dollar for “legal” sources of ebony.

      Report Post » Puddle Duck  
  • Carlinpa
    Posted on August 7, 2012 at 9:35am

    now THIS s where the commerce clause would be applicable with all these states and their pillow tag registrations NOT health care.

    Report Post »  
  • Tax Revolt
    Posted on August 7, 2012 at 9:30am

    How much more proof do the ******** need to realize that government IS the problem and not the solution?

    Report Post »  
  • www.TopTheNews.com
    Posted on August 7, 2012 at 9:27am

    It is obvious to everyone (except the government), small business owners are our lifeblood as a great nation, yet are feeling the pinch of a terrible economy. Until the government realizes that they are standing in the way of entrepreneurial spirit, things could just get worse…

    Report Post » www.TopTheNews.com  
  • Detroit paperboy
    Posted on August 7, 2012 at 9:17am

    Government is not the solution, it’s the problem…….Ronald Reagan…..
    These government slugs are retiring at age 45 with lifetime benefits,
    While we are working ourselves to the grave to pay for them….I’m about done with it…

    Report Post »  
  • Dismayed Veteran
    Posted on August 7, 2012 at 9:00am

    We are past the age of babies but I am going to buy one for my wife. She suffers from back pain and this pillow may help.

    BTW, if my wife becomes pregnant you will know because we will be on the front page of the National Inquiror and I will be doing viagra commercials.

    Report Post » Dismayed Veteran  
  • MadMadder
    Posted on August 7, 2012 at 8:43am

    I’m an entrepreneur…minor regs like this may seem like a burden, but without them, the burden would be much larger after multiple lawsuits are filed, then that petty start up cost would quickly been seen for what it is, petty.

    The regs are a result of abuse, they came after problems and not before.

    They help manufactures & merchants to know what type of material is being used and how fire-retardant they are. Some places can not work with some materials. It also helps with knowing how to store the products, how they should be shipped, and what they can setup near. Without the tags, every store, distro, manufacture, etc would be asking for proof….if you think it’s a pain to label, wait until 100‘s or 1000’s of companies are requesting information from them and the amount of resources & time that would take up.

    Next they help the consumer to know what they product is made out of. Many people are allergic to various materials, to such a degree it can disable or kill them, even common materials we would never think of. That’s before the safety aspect on how fire-retardant they are.

    Thus the laws help create consumer confidence, meaning more people will buy them. More shops will put them on the shelves because they know what they’re made out of. And the product owner, knows the manufacture isn’t stuff/creating the material out of materials they may not like, like ground up dead animals.

    Regs only seem like a burden until you realize what they are for.

    Report Post »  
    • Kerri_Smith
      Posted on August 7, 2012 at 8:52am

      Hi MADMADDER,
      I’m not against the actual regulations. I‘m glad I know what’s in my pillow and what I’m sleeping on at night. I think that’s important. But the fact that every state (and any municipality) can charge arbitrary annual amounts is what gets me. There has to be a way to be accountable to the consumer without fees that are prohibitive to small businesses even getting off the ground.

      Report Post » Kerri_Smith  
    • clhereistian
      Posted on August 7, 2012 at 8:56am

      Most of the states don’t even require proof of what is in the pillow. You just send them a check. The tag has no indication of the what material the filler is, nor is it even recorded. Being fire retardant has absolutely nothing to do with these tags. That is also not checked or tracked by the states. While the regulations would be more understandable if they worked the way you mention, they simply don’t.

      I believe regulations on bedding originated many decades ago when unscrupulous manufacturers filled pillows with horse or human hair. Do you really believe that will happen today? The regulations are no longer relevant.

      Report Post »  
    • ComingUnglued
      Posted on August 7, 2012 at 9:03am

      Nobody is saying don’t provide the information, nobody is saying make the pillow in a bad way. The inconsistentcy in the fees are mind boggling. From $5.00 – $720.00. Companies cannot survive with all these regs.

      It is just another layer of government you have to sort through, another layer of bureaucracy that can be installed in the government to put people to work that really don’t work.

      The next time you are in your town or city office look around. You will find 1 or 2 hard working people keeping the town running and a lot of others pushing papers around.

      Report Post »  
    • Big Media Bias
      Posted on August 7, 2012 at 9:04am

      Hundreds of millions of COUNTERFEIT pieces of clothing, bedroom fabrics, jewelry, etc are dumped on the American market. NONE of them are regulated. Maybe she should sell her pillows as “used” as a loophole through liberal/RINO government red tape. After all, they have been touched by humans.

      Report Post »  
    • justice41
      Posted on August 7, 2012 at 9:07am

      Really? You must be a government bureaucrat or a politician. Cite the lawsuits regarding pillows and the number of injuries or death? No bureaucrats stick their nose into everything to make their bosses think that they are productive or to raise money. I prefer the lawsuits but want the loser pay rule. Our law is based on English law at the time of the colonies but we allowed the lawyers to use their influence to stop loser pay. I am a lawyer and I despise those that file these frivolous lawsuits such a the driver putting hot coffee between her legs while driving and burns hereself. The guy parking his car on the blind side of a curve in the high speed lane and putting his keys in his pocket. When a car comes around the curve and hits him and a fire results – its Ford’s fault. Bull, he committed suicide and negligently cause harm to others. We have far too many lawyers and unfortunately juries that feel sorry for the person harming themselves. McDonalds doesn’t make anyone fat, gluttons just eat too much.

      Report Post »  
    • MadMadder
      Posted on August 7, 2012 at 9:22am

      @KERRI_SMITH I know it’s a pain to get going, we’re opening a smoothie shop here and just finding out each turn has a new reg is a serious pain.

      Our issue, if you would…. is that we’re American, meaning each State has the legal authority to do this and the Fed really has very limited powers to change it.

      On a positive note, the White House is asking us entrepreneurs which regs are a pain, and how we can streamline them, etc… It may be worth your effort to give your input, if enough people like yourself say something, we might see a positive change.

      http://www.whitehouse.gov/advise

      Report Post »  
    • razorcrow
      Posted on August 7, 2012 at 9:27am

      This is just another example of why “You didn’t build this” (no matter what you believe the president ment) makes may upset. Government does not help you with your business it pushes back on you. But it is the fault of Americans. We voted for these people, we allowed them to make the laws, we are so raped up in our lives that we don’t even follow what is going on until it affects us. Then it seems to be too late. It is also our fault for supporting and rewarding lawers who help and encourage stupid law suits. Most americans are too sue happy looking for easy ways to get FREE money.

      Also, lets be honest. This tag fee, is another form of easy tax money for states. States have to pay for the FREE programs they offer.

      REMEMBER NOTHING IS FREE!!

      Report Post »  
    • MadMadder
      Posted on August 7, 2012 at 9:36am

      @CLHEREISTIAN That is true, however to transport them across one State into another, will require them. And yes, I know for a fact that Corps will cut corners to save money, not that Kerri would, but for sure others will and have.

      @COMINGUNGLUED That’s because States regulate it. While we have some fed rules, the fed itself has little power to change what States require.

      @BIG MEDIA BIAS As you said, Counterfeit, which is illegal. Being that they manufactured here, and that’s who the label laws are for, selling them used wouldn’t work.

      @JUSTICE41 Sorry, I’m an entrepreneur. You’re a lawyer? Righttt…. then you should know 500 people on average are killed by mattress fires (that’s a reduction). Which is why mattress have now be able to resist open flames for 30 mins. You can research the rest yourself, if you’re really a lawyer.

      Report Post »  
    • MadMadder
      Posted on August 7, 2012 at 9:41am

      @RAZORCROW So you ignore the actual speech and focus on the out of context words? That makes you people look rather stupid, as you post on the Internet.

      Regs keep consumer confidence up, keep out illegal competition, improve safety, etc… all of which makes me more money.

      People vote in local laws, those filter up to the State. If you want it changed, work on changing the local.

      Of course this labeling laws pays for various things, that’s how taxes/fees work.

      If you’re reminding me that nothing is free, then why are you complaining about it?

      Report Post »  
    • quiltgal
      Posted on August 7, 2012 at 9:51am

      Are you suggesting that the feds take over all licensing in order to solve what is now a local problem? Yikes! What we don’t need is more power taken away from the states and given to big government, over which the voter has even less control.

      Report Post »  
    • Shifty6
      Posted on August 7, 2012 at 9:57am

      Im an entrepreneur as well. I am so sick of all these stupid people who want to start a business and don’t realize, or are too stupid to realize the government is there to help and protect them. These individuals couldn’t possibly fathom all the work having a business is, all the details and forms necessary to opperate a business. You have to be smart, I think this pillow lady should leave this business ownership stuff to the people who are smart and understand that government is awesome! I mean who else is going to protect them from all of the legitimate lawsuits people have against their shoddy product? Look at the McDonalds lawsuit with the lady that spilled the scalding hot coffee on herself. Who does McDonalds think they are putting a scalding hot, flavored liquid in a cup then selling it to the general public?!?! We NEED regulation! With out that “caution! Hot ” on the cup how are we supposed to know what is hot and what is cold? In fact I think I will write my congressman, we need “SAFE COOL” on the cups and then I think one for “CAUTION COLD” , and finally “CAUTION NEARLY FREEZING”

      I hope government will soon regulate what we can and can not purchase, after all what I consume is best left to the professionals, the really smart people. Not these really dumb people like this pillow lady.

      ooooorrrrrrrrr. common sense could play a role……no that would be ridiculous. Let’s get more governemnt guys! Who’s with me?

      Report Post »  
    • MadMadder
      Posted on August 7, 2012 at 10:22am

      @QUILTGAL If you didn’t see me say that, then I didn’t suggest it. However they do have limited powers to streamline State regulations with the commerce clause, which does not mean taking away a State or Local powers.

      @SHIFTY6 You’re asking 300 million people, a judicial system, and OSHA to use common sense? You may want to smack yourself back into reality after your done with your fake entrepreneur rant.

      Report Post »  
    • nomark
      Posted on August 7, 2012 at 2:43pm

      No, all regulations do not come from abuse. They come from over reactions to human nature. Sometimes dumb people do dumb things. The solution is not to dumb down society, but make people responsible for their “dumbness.” It always starts out the same way: good intentions and then it always ends up out of control. The best example of how no-regulation works better is in front of you. The computer you use and the Internet we all use are almost totally free of regulation. It has sparked another revolution just as great as the one Gutenberg did with is printing press. Imagine if Gutenberg had had to register his printing press.

      The internet we all use has been the only thing that is saving our country and world.

      Today we are in a country that regulates EVERYTHING. A good robust market driven economy can only support so much of a load. We “allow” some regulation because the cost to the economy is relatively low compared to the benefit. However, that has totally flipped. Now regulation is eating at our system like a cancer.

      It is killing innovation and entrepreneurialism. It is killing the golden goose.

      Report Post »  
    • cykonas
      Posted on August 7, 2012 at 3:23pm

      Mad, are you serious? We need governmental entities to charge fees and mandate tags to tell us that a pillow might be flammable? The gal isn’t talking about the regs that tell the manufacturers what materials are acceptable.

      Why don’t we mandate a prominent warning on the steering wheel of every automobile that if you run it into a non-movable object at any speed over 5 m.p.h. injury or death might occur? Or, on the blade of every knife that if the user places the honed edge of the blade on the bottom side of their wrist and draws it across quickly and firmly that one might bleed to death.

      If you are an American, sir/madam, you are a huge part of the problem. And if you’re an entrepreneur you must have some smart partners, because yours is one of the dumbest arguments I’ve ever heard. Enjoy your time in your government protected cubicle world. Peace.

      Report Post » cykonas  
    • MadMadder
      Posted on August 7, 2012 at 5:26pm

      @NOMARK The Internet has a ton of regulations… even before the Internet started privacy laws and regulations kept your information safe, along with record keeping laws for various types of businesses. Then encrypt/storage methods, the backbones, wifi frequencies, all electronic devices in your computer and monitor, to Visa/MC, and a long list of others.

      All capitalistic type Countries have regulations, and the Countries without regulations are not the Countries you want to live in.

      A minority of regs come from people doing stupid things, because people abuse logic…the extreme majority are from corporate abuse, prevent abuse, and then some are safety standards which keep abuse in various ways from happening. Like health regulations that keep your food safe and your family alive. The majority of regs are not bad, they’re just a pain.

      As an entrepreneur, no regulation limit me, they help protect me and my consumers though. Not that some regs don’t suck, like not being able to replace antique business signs back up after repair – becaue I’m not trying to triple its size and put massive lights all over it, which block out other signs, but those are local and that is something I can work to change.

      Report Post »  
    • MadMadder
      Posted on August 7, 2012 at 5:27pm

      @CYKONAS The tag laws are for manufacturing, distro, transport and stores first, then consumers, which is why consumers can remove them. They were put in place due to health, safety and abuse reasons.

      Cars have many labels on them, which you can see when you purchase a new steering wheel, they’re located within the packing and not on the wheel itself. Laws regulate the driver.

      Soooo… me complying with regs is part of the problem? Pull your head out of no sunshine hole. I have no choice to deal with them, stop pretending otherwise you arrogant pig.

      I do enjoy my world, it keeps my store fronts open, employees paid, lights on, security systems active, and many other supporting businesses in operation. Otherwise things like food carts could fill my parking lot and areas around me with dirty/stolen/rotten goods and no staff, no lights, almost no bills that I can’t compete with, which would kill my need for a nice shop in a nice location, and my staff, and the many supporting businesses regs help keep open.

      Anyone that actually owns a business knows this…everyone else, thinks they have a clue.

      Report Post »  
    • Tree_Butcher
      Posted on August 7, 2012 at 8:18pm

      @Madder: you have GOT to be kidding me. The government has MY best interest at heart?

      HA! BS!

      I can‘t build and sell a grandfather clock in my woodshop now without wondering if the feds aren’t going to raid my shop like they did Gibson for a few scraps of ebony if I get big enough.
      If I don’t build a quality product, I’ll be out of business. If I don’t pay extortion money to the government, I can’t even start one.

      Report Post » Tree_Butcher  
    • MadMadder
      Posted on August 7, 2012 at 8:33pm

      @TREE_BUTCHER Where did I ever say the gov had your best interest at heart or anything related to that spew?

      Being that you can’t read what I wrote correctly, chances are you’ll go out of business long before it ever has a chance to grow and get noticed by the Gov. But I‘m sure you’ll blame them either way.

      Report Post »  
    • MadMadder
      Posted on August 7, 2012 at 8:42pm

      @TREE_BUTCHER I looked up the Gibson raid…. lol, you’re a thick one I see. They didn’t even get raided because of a Reg, they got raided because of a law in India. He’s actually for the Lacey Act, and he wants to make it stronger and make it so it can’t be abused… but it wasn’t the Lacey Act that they got raided for. LOL… yeah, your clock shop will fail because you failed, not because of any reg.

      From the Gibson CEO “In the wake of the raid some have suggested doing away with the Lacey Act altogether. I don’t believe that is the right answer. Rather than repealing the Lacey Act, we should make it stronger so that limited government enforcement dollars can be devoted to fighting illegal logging and poaching”

      “The Federal Department of Justice in Washington, D.C. has suggested that the use of wood from India that is not finished by Indian workers is illegal, not because of U.S. law, but because it is the Justice Department’s interpretation of a law in India. (If the same wood from the same tree was finished by Indian workers, the material would be legal.) This action was taken without the support and consent of the government in India.”

      Report Post »  
  • PABlackie
    Posted on August 7, 2012 at 8:39am

    Very easy solution….They are no longer pillows but belly supporters……no tags needed.

    Report Post »  
    • Kerri_Smith
      Posted on August 7, 2012 at 8:48am

      I wish! The trouble is they regulate any kind of hidden materials stuffed into something. I’ve tried to imagine every possible way around it. Cut the pillow tags off of everything you own! You’re the consumer, after all!

      Report Post » Kerri_Smith  
    • loriann12
      Posted on August 7, 2012 at 9:02am

      I bought one of those pillows that you twist (you know, round with a hole in the center) and I don’t believe it came with a tag….I don‘t remember because I had to search high and low to find a pillow I hadn’t cut the tag off of. No one reads it, and why in the world would it cost $220 (Texas) just to get a permit to put a tag on a pillow. I say, it should cost nothing to abide by the law. If a state requires a tag, why do they charge? Why not just penalize if you don’t? It’s because they want to discourage people like her from starting their own business. you can’t compete with the big boys. Bet they offer to buy her patent.

      Report Post »  
    • XaviorOnassis
      Posted on August 7, 2012 at 9:12am

      Perhaps (initially) if it were not itself a pillow but a sleeve of a kind into which other pillows could be placed…like an elaborate pillowcase which holds throw pillows at either side. This way the tag business is covered by the throws and not your product.

      Keep strong–I can remember someone making use of an old body pillow by working all the stuffing toward either end to do much the same thing a your product ;) Good idea then and worked for 2 pregnancies so I think you are on the right track.

      Report Post » XaviorOnassis  
    • quiltgal
      Posted on August 7, 2012 at 9:24am

      Hidden in the pockets of government are millions of dollars in fraudulently large licensing and registration fees. The public needs to have a regulation for that!

      Kerri, your idea is great. Don’t give up.

      Report Post »  
    • outrider
      Posted on August 7, 2012 at 9:17pm

      Years ago I heard this story: When a tariff was placed on PAIRS of shoes imported into the U.S., the wholesalers started importing boxes which contained only left shoes or right shoes, usually made in different locations. In this way they avoided the taxes on shoes, as no PAIRS were imported. They then matched up and boxed the shoes for retail sale. Some of you may’ve noticed that between the right shoe and left shoe, particularly for athletic shoes, there are small differences in feel, and function. This may be part of the reason for that.

      Kerri can do a go-around by producing only the pillow “cases,” and purchasing ready-made, tagged, pillow forms from firms who are already paying those fees and taxes. Her staff would “stuff” the pillows into the cases they’ve made, and take the finished product to market; or just market the cases online and link to a pillow form supplier.

      I admire Kerri for her determination, as well as her splendid idea for this pillow, However, maneuvering around the laws will be easier, and safer, than trying but failing to comply with them, or trying to change them.

      Report Post »  
    • XaviorOnassis
      Posted on August 8, 2012 at 9:31am

      Come to think of it, how do stuffed toys manage to get around the tag laws? Would putting a pair of eyes on it make a difference?

      Report Post » XaviorOnassis  
  • Snowleopard {gallery of cat folks}
    Posted on August 7, 2012 at 8:39am

    The madness of out of control government continues at full speed.

    Report Post » Snowleopard {gallery of cat folks}  
  • clhereistian
    Posted on August 7, 2012 at 8:34am

    Good story. I support American entrepreneurs, and I went to her campaign page and supported her.

    Report Post »  
  • number9
    Posted on August 7, 2012 at 8:34am

    I have a thought, that’s been on my mind for awhile now.
    We need a RED TAPE DAY OF RAGE where everyone sends our dear leaders, whatelse, but lot‘s and lot’s of red tape! Cover the envelopes with red tape so it’s damn near impossible to open, much in the way of how impossible it is to start a small business.
    Pick a day, people and we’ll overwhelm them with red tape, so they know how it feels.

    Report Post » number9  
  • Kerri_Smith
    Posted on August 7, 2012 at 8:32am

    Hi Becket – thank you for helping get the word out about these ridiculous regulations! Hopefully bringing awareness to this story will keep a few more American soft goods manufacturers in business. I didn’t even mention when we talked that the City of Detroit actually charges $80/year for pillow tag registration fees as well. $80/year to any manufacturer that wants to sell a pillow in the Detroit city limits. Insane. If anyone wants to help my preggo homies, the best way is through the IndieGoGo link – http://www.indiegogo.com/bellyrest. The contribution options are in the right column. In the mean time, I’ll be busy fighting red tape!
    Kerri Smith (a.k.a. Kdiggy from the video.)

    Report Post » Kerri_Smith  
    • BuddyShaggy
      Posted on August 7, 2012 at 9:06am

      Kerri, I will share this on FB. I hope this goes completely viral and even makes it to the Congressional debate!

      Report Post »  
    • Tree_Butcher
      Posted on August 7, 2012 at 7:59pm

      Kerri, I really wish you the best. I myself am sitting on three patent ideas that I want to bring to market, but I would be nationalized in an instant under this administration.
      Even when he is gone next January, I will still have to spend valuable energy trying to keep the business alive under federal regulation, not to mention the competition.

      Report Post » Tree_Butcher  
  • Nancy in NC
    Posted on August 7, 2012 at 8:32am

    Most people know it takes a couple of years to get a business off and running. The government wants to make it impossible for small businesses to thrive, regulating them right out of existance. Whatever happened to “let the customer beware”? Why do we need the government to protect us from things that really don’t exist? What exactly is the danger of this pillow? This is just one more example of government interference.

    Report Post »  
    • Melika
      Posted on August 7, 2012 at 9:56am

      Because we’ve allowed them to turned us into an immature, childish society. Almost everyone in my generation or younger bears no responsibility for their actions, it‘s always someone else’s fault, some company’s fault, some fault of their parents, or simply that no one understands them and their trials in life (imagine this coming from an adult and their offspring at the same time – yikes!). How else are they going to survive in this world if Daddy-Government doesn’t hold their hand and make sure the big, mean, selfish companies out there don’t rip them off, burn them alive in their beds, or destroy the planet?

      Report Post »  
  • HKS
    Posted on August 7, 2012 at 8:31am

    Real bad now, impossible with another Obama term. The final death of business in America, going total welfare state. A nation of welfare slaves to the government.

    Report Post » HKS  
  • progressiveslayer
    Posted on August 7, 2012 at 8:29am

    Ah yes the joys of big government doing everything they can to make it easier for businesses to start up.

    Report Post » progressiveslayer  
  • JaketheDog
    Posted on August 7, 2012 at 8:28am

    I‘m with the government and I’m here to help.

    Report Post » JaketheDog  

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