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CPSC Releases FINAL Interpretative Rule on definition of "Children's Products" - October 2010
On October 14th, 2010 the Consumer Product Safety Commission (CPSC) issued its final interpretative rule on defining what is considered "Children's Products".
At first glance, it seems like the reinvention of the wheel but as anyone familiar with the complexities and far reaching effects of the Consumer Product Safety Improvement Act (CPSIA) knows, this is a law with continual refinements.
Aside from identifying four statutory factors which will determine whether or not a product is considered to be a "Children's Product", the Commission has also included a definition for "General Use Products" providing further clarity to the myriad of questions manufacturers face in trying to decide how the law affects them.
Briefly, the four statutory factors for determining a "children's product" are:
1) Manufacturer's Statement of intended use of their product, including labeling on such product if such statement is reasonable. This is to say labeling must be consistent with product use.
Therefore any manufacturer's claim that a product is NOT for children when it's use, appearance and size appeals to a child will not prevent it from STILL being regulated as a child's product.
2) Whether the product is represented in its packaging, display, promotion, or advertising as appropriate for use by children 12 years and younger.
3) Whether the product is commonly recognized by consumers as being intended for use by a child 12 years of age or younger.
4) The Age Determination Guidelines issued by the Commission staff in September 2002, and any successor to such guidelines.
The Commission provides examples to help further determine whether or not a product should be considered a "child's product" and reserve that the determination still depends on factual information specific to each product under review.
Some helpful examples are:
Furnishings and fixtures found in child environments (kid's rooms, schools, libraries) which are NOT marketed, sized, decorated, themed or invite use for children will be considered "general use" products as is the case for holiday decorations.
Books will be considered based on content and intended audience, as well as industry and education guidelines.
Musical instruments suited for an adult and NOT sized and marketed to children will be considered "general use" products even if used by a child under 12 years of age.
To get more in depth information about how this final interpretative rule may affect you, access the Federal Register on the link provided below:
http://edocket.access.gpo.gov/2010/pdf/2010-25645.pdf
For a background summary on the CPSIA, visit our CPSIA Compliance Summary Page.
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