
The Unseen Hurdles of Running a Small Business
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Starting a baby brand and selling tangible products comes with more hurdles than I ever anticipated. Today, I’m sharing one of those “what the heck?” moments in the hopes of shedding light on the challenges small businesses face—and maybe sparking some conversation on how to navigate them.
The 🐧 Conundrum
I sell on multiple digital platforms, with Amazon holding my inventory and fulfilling orders across channels. It’s a great system—until it isn’t. Yesterday, another brand selling penguin-themed dresses filed a claim on Amazon, alleging I infringed on their intellectual property…for using penguins on my dresses.
Here’s the kicker: the penguin design on my dress is one I literally painted myself. I hand painted each one of those penguins. I created the pattern. The claim will be reviewed, and I’m confident it will be ruled in my favor since I can prove ownership of the artwork. However, while Amazon investigates, my penguin dress listings are deactivated—not just on Amazon but due to fulfillment being tied to Amazon I face a sticking point on other sales channels (thank goodness for that physical reserve at 100 Taylor!). Amazon controls my most of my inventory, and if the product is deactivated for Amazon customers, it becomes unfulfillable everywhere else.
This experience highlights how intellectual property rules can easily be weaponized to stall small businesses. Copyright and intellectual property laws are critical for protecting creative work, but platforms like Amazon often default to “guilty until proven innocent” policies when a claim is filed. In the meantime, small businesses bear the cost of delays in time, sales, and customer trust.
Navigating Product Safety Regulations
This isn’t my first run-in with unexpected challenges. Six months ago, I considered selling backpacks, only to discover that anything labeled a “school supply” must comply with CPSIA (Consumer Product Safety Improvement Act) regulations. The CPSIA requires stringent lab testing to ensure products are free from harmful substances like lead and phthalates—no exceptions, even for low-quantity production runs. The testing costs? Thousands of dollars.
Children’s clothing is also governed by the CPSIA, requiring flammability testing and additional certifications for certain fabrics. Fortunately, I’ve been able to sell on Amazon under a low-production exemption, but this exemption only goes so far. For many small businesses, the financial barrier to entry makes it nearly impossible to compete with larger companies that can absorb these costs.
I support the need for product safety testing—especially for items used by children—but the high price tag creates a major hurdle for new businesses. There has to be a way to balance safety with affordability for small-scale producers.
Both of these issues really have made me pause - scratch my head - wonder “is this worth it?”…HECK YEAH.
A Bigger Question
What’s the solution? Are there better ways to support small businesses while maintaining product safety and respecting intellectual property rights? It’s frustrating to see so many barriers that seem designed to keep new players out. Meanwhile, the quality of mass-produced products sold online continues to drop—why? Are the rules too lenient for established players, or have they simply mastered how to use these systems to their advantage?
A Positive Note (and a Call to Action)
Despite these challenges, I’m committed to finding solutions. Small businesses are resilient because we have to be. But I’d love to hear from others:
• Have you faced hurdles with CPSIA compliance, intellectual property claims, or platform policies?
• How did you navigate them?
• Do you think the rules are fair, or do they favor bigger players?
Let’s start a conversation. Share your experiences and insights in the comments—I’d love to hear your ideas. Together, we might find better ways to support the small businesses that bring innovation, creativity, and quality to the market.